HomeMy WebLinkAboutPRR21224 Walter - Agreement Release of Claims- MY Of sap tuts OBI spa
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NAME:
Michelle Walter William Walter �-2QZ 1
DATE OF REQUEST:
ADDRESS:
679 Monterey St. E-MAIL: wwalter@tcsn.net, mwalter@calpoly.edu
San Luis Obispo
PHONE: 805-541-6601
FAX: 805 541 6640
INFORMATION NEEDED: For each record, describe type, date, subject, title, etc. Please be very specific.
(A) All documents in the past 20 years related to the City entering into any Settlement Agreement and Release of Claims, such as or containing any
similar terms as the Settlement and Release Agreement attached hereto, related to commercial or residential property in the City with regard: (1) to
the issuance by the City of a Certificate of Occupancy for residential and/or commercial property in the City, and/or (2) to Public Works department
Final Inspection (Blue Card Checklist) for residential and/or commercial property in the City. The request is directed towerd any other instance in
which the City has entered into any such agreements with other persons andlor property owners.
{B} All Documents related to the Certificate of Occupancy issued for the Leitcher House, 667 Monterey St., San Luis Obispo, CA.
(C) All Documents in the past 20 years related to the City requiring property owners adjacent to City fee owned properties to bring any portion of the
City's frontage improvements into ADA compliance or other repairs as a condition of any permit, license, and/or certificate of occupany for such
adjacent private property.
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GN31ank Forms and ie mplateOeq ues[ for Public Records OV16
CITY OF SAN LUIS OBISPO, CALIFORNIA
SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS
THIS SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS CAgreement"j is entered into by
and between the City of San Luis Obispo ("Cityl, and William S. Walter Corporation, a California
Corporation, William S. Walter, an individual, and Michelle F. Walter, an individual (hereinafter referred to
individually and collectively as "Walter"). For purposes of this Agreement, "City' includes all current and
f ormer elected Officials, officers, employees, volunteers and agents of the City of San Luis Obispo and
"Walter" includes William S. Walter Corporation and William S. Walter and Michelle F. Walter, as
individuals.
RECITALS
WHEREAS, in 2017 and 2018, Waiter applied for and received preliminary approval for the
construction of a new studio dwelling unit (677 Monterey) and for repairs and modifications to the existing
building located at 679 Monterey, including frontage improvements ["Construction Projects" or"Projects"),
subject to terms and conditions of approval issued August 1, 2018, which included a requirement that all
improvements be installed in acco rd ance with the City's Engineering Standards Details and Standard
Specifications.
WHEREAS, various issues and disputes have arisen with regard to the Construction Projects at
677 Monterey and 679 Monterey and with regard to the City's approval or lack of approval of certain
aspects of the Projects.
WHEREAS, the parties desire to agree on steps to complete the construction and modifications to
677 Monterey and 679 Monterey as preliminarily approved in 2018 that currently are in progress and which
are subject to final approval, and to settle and finally resolve between themselves all claims, potential
claims, lawsuits, and potential lawsuits, known or unknown, as currently exist or may exist, which have
been asserted or could have been asserted associated with or related to the construction and modifications
to the properties located at 677 Monterey Street and 679 Monterey Street, San Luis Obispo, California, as
preliminarily approved in 2018 that currently are in progress and subject to final approval, and/or to the
City's approval or lack or approval of certain aspects of the Projects.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Walter and the City agree as follows:
AGREEMENT
1- The above recitals are incorporated herein as a substantive part of this Agreement
2- The effective date of this Agreement shall be the date upon which this Agreement is signed by all
parties.
3. The City agrees to do the following:
a. Sign off on the Occupancy Permit for the 677 Monterey Street Cottage,
b. Accept as completed the stairs and footing foundation for 679 Monterey Street.
C. At City's sole expense, remove the currently installed parking meter posts and install new
temporary parking 'Tee's."
d. Extend the encroachment permit completion date to XX (new date) forthe approved work
to be performed by Walter in the public right of way frontage of 679 Monterey at no cost to
Walter.
4- Walter agrees to do thefollowing: (9
CITY OF SAN LUIS OBISPO, CAUFORNIA
a. Install a new pedestrian lighting fixture, including related infrastructure, in the frontage of
679 Monterey per approved plans and specifications.
b. Install new Street frontage trees per approved plans and specifications.
G. Remove and replace up to ten (10) feet of existing curb, gutter and sidewalk at the east
end of the 679 Monterey Street to complete, per City Engineering Standards Details and
Standard Specifications and subject to City approval, the transition between the new
sidewalk improvements in the frontage of 679 Monterey Street and the sidewalk in front of
City parking lot 15 which is adjacent to 679 Monterey Street. This work may be compieted
by Williams Concrete, Walter's current contractor, or another contractor as selected by
Walter in Walter's sole discretion.
d_ Walter shall provide all equipment, furnish all materials, and perform all services necessary
to complete the work described in this paragraph, and shall do so at Walter's sole cost and
expense.
5. Release of Claims and Liability and Covenant Not to Sue. In consideration of the foregoing, Walter,
and each of them, for themselves and for their respective heirs, administrators, representatives, successors
and assigns, hereby forever and fully release City, and each of City's current and former elected officials,
officers, employees, volunteers and agents, from and against any and all claims, liabilities, damages,
injuries, actions or causes of action, either at law or in equity, whether known or unknown, anticipated or
unanticipated, arising out of or in any way related to the construction and modifications to the properties
located at 677 and 679 Monterey Street, San Luis Obispo, California, as preliminarily approved by City in
2018 that currently are in progress and which are subject to final approval, andlorto the City's approval or
lack of approval of certain aspects of the Construction Projects. In further consideration of theforegoing,
Walter, and each of them, further agree and covenant not to file orcommence any lawsuit or other fort of
legal action against City, or any of City's current or formereiected officials, officers, employees, volunteers,
and agents, arising out of or in any way related to the construction and modifications to the properties
located at 677 and 679 Monterey Street, San Luis ❑bispo, California, as preliminarily approved by City in
2018 that currently are in progress and which are subject to final approval, and/or to the City's approval or
lack of approval of certain aspects of the Construction Projects, This release, waiver and covenant not to
sue includes, but is not limited to, any and all claims or causes of action under United States Code Section
1983, and any and all claims f o r d iscri mination, violation of civil rights orequal protection, takings,
condemnation or inverse condemnation.
S. Section 1542 Wavier and Release. The parties acknowledge that they understand section 1542 of the
Cal ifomia Civil Code which provides:
A general release does not extend to claims that the creditor or releasing party does not know or
suspect to exist in his or her favor at the time of executing the release and that, if known by him or
her, would have materially affected his or her settlement with the 0 ebto r or released party.
Walter, and each of them, hereby waive and relinquish any rights or benefits they may have under
Califomia Civil Code section 1542 with respect to any and all claims that are or may be the subject of this
Agreement-
7- General Provisions
a. Legal Advice. The Parties represent and warrant that they have the right to be represented
by legal counsel and expressly acknowledge that they have had the opportunity to review this
Agreement with their chosen counsel. The Parties represent that they fully understand the terms of
this Agreement and agree to be bound by its terms.
b. Authority to Execute. The Parties, respectively, represent that they have full authority to
enter this Agreement and do so of their own accord.
c. Enforcement and Attorney Fees. In any action or proceeding to enforce or interpret the terms of
this Agreement or otherwise arising out of this Agreement, the prevailing party shall be entitled to
recover reasonable attomay's fees.
2
CITY OF SAN LUIS OBISPO, CALIFORNIA
d. Entire Agreement. This Agreement constitutes the entire agreement between the Parties with
regard to the subject matter set forth herein and supersedes any and all prior or
contemporaneous agreements, negotiations, correspondence, understandings and
communications of the Parties, whether oral or written, respecting the subject matter of this
Agreement, which are not fully set forth herein.
e. Compromise of Claims. It is expressly understood and agreed that this Agreement is in full
accord and satisfaction of disputed claims, and this Agreement will not be deemed an admission of
liability or responsibility of any party hereto for any purpose_
f. Amendment. Neither this Agreement, nor any of its provisions, may be amended, waived,
modified, or terminated except by an instrument in writing signed by all Parties, and then only to the
extent set forth in such writing.
g. Severability. If any provision of this Agreement is deemed to be invalid, void, or unenforceable
by a court of competent jurisdiction, such provision shall be construed and amended in a manner
which would permit its enforcement, to the extent feasible, but in no event shall the validity of such
provision affect, impair, or invalidate any other provision orprovisions of this Agreement, each of
which shall remain in full force and effect.
h. Governing Law. This Agreement shall be construed in accordance with the laws of the State of
Calif omia, without regard to choice -of -law principles.
i. No Third -Party Beneficiaries. This Agreement does not create, and will not be construed
to create, any rights enforceable by any person who is not a party to this Agreement.
j.Interpretation. This Agreement is the product of negotiation and preparation by and
among each Party hereto and its respective counsel. Accordingly, this Agreement will not
be deemed prepared or drafted by one Party or another, and shall be construed accordingly.
k. Cooperation. Each Party agrees to make good faith, reasonable efforts to effectuate the
purposes of this Agreement,
I. Captions/Headings. All captions and headings in this Agreement are inserted solely for
convenience and shall not be deemed to restrict or limit the meaning of the text.
m. Execution of Agreement. This Agreement may be executed in multiple counterparts, each of
which shall be deemed an original, and all of which shall constitute one document to be
effective as of the Effective Date. Signatures that have been transmitted by facsimile or
electronic mail shall be deemed to be original signatures for the purposes of this Agreement.
Photocopies of this Agreement shall have the same effect as the original and may be used in lieu of
the original for any purpose.
IN WITNESS WHEREOF, the parties have executed this Agreement, effective as of the date of the last
signature below.
WILLIAM S. WALTER CORPORA11ON
B:
William S. Walter, President
Date
William 5. Walter
❑ate
t ' 3
CITY OF SAN LUIS OBISPO, CALIFORNIA
Michelle F. Walter Date
CITY OF SAN LUIS ❑BISPO
By:
Derek Johnson, City Manager
APPROVED AS TO FORM
J. Christine ❑ietrick, City Attomey
Date
Date
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