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Agmt14 Brett Leland Colbert Settlement Agmt 1016 Warren Ave
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Agmt14 Brett Leland Colbert Settlement Agmt 1016 Warren Ave
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Last modified
11/17/2014 5:25:27 PM
Creation date
11/17/2014 5:25:26 PM
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Agreement
Contractor Name
Brett Leland Colbert
PROJECT NAME
Settlement Agmt 1016 Warren Ave
RMP File Number
612
Date
10/31/2014
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A GREEMENT <br /> FOR GOOD AND VALUABLE CONSIDERATION, the receipt of which is hereby <br /> acknowledged and as a compromise in settlement of Owner's Demolition Activities, the Parties <br /> hereby agree as follows: <br /> l. Incorporation of Recitals. Each of the Recitals in Paragraphs A through G, <br /> inclusive, set forth above is incorporated herein by this reference. <br /> 2. Owner's Obli �at� ions. <br /> a. Owner agrees that within 5 days of the Effective Date of this Agreement, <br /> Owner shall pay the City the amount of Twenty Five Thousand Dollars ($25,000). <br /> Owner will pay this amount by check, made payable to "City of Redwood City" and <br /> delivered to the City Attorney at the address listed below in Section 17. <br /> b. Owner agrees to comply with all provisions of local and state law, <br /> including but not limited to the City's Municipal Code, prior to reconstructing any single <br /> family home on the Property as part of the Entitlement Process. <br /> 3. Citv's Obli at� In exchange for Owner's agreement above, the City shall not <br /> pursue any action relating to the Demolition Activities, which include without limitation <br /> Owner's demolition or other construction-related activities at the Property and Owner's failure to <br /> obtain whatever permits or other entitlements may have been necessary to conduct such <br /> activities. City has advised Owner that in order to build a new residence on the Property he must <br /> engage in the Entitlement Process separately from this Agreement and the planning department <br /> is not constrained or limited by this Agreement. The consequences, however, of the Demolition <br /> Activities, have been fully resolved by this Agreement and the Demolition Activities shall not be <br /> a basis for denying any permits for the Property or other component of the Entitlement Process. <br /> In addition, City will cooperate with any other government agency investigating the Demolition <br /> Activities. <br /> 4. Mutual Wavier of Fees and Costs. Except as provided in Section 2(a) of this <br /> Agreement, each party shall bear its own fees and costs, including in the case of the City all staff <br /> and attorney time, that have been incurred through the effective date of this Agreement. <br /> 5. Breach or Default by Owner. In the event that Owner breaches this Agreement in <br /> the future in any way, the City may initiate immediately, without any prior notice, any <br /> appropriate judicial action to enforce the Municipal Code and this Agreement and to abate any <br /> nuisance conditions on the Property. Nothing contained in this Agreement shall be construed in <br /> any way to limit the nature and scope of remedies that the City may request in an action to <br /> enforce this Agreement or to abate future nuisance conditions on the Property. This Agreement <br /> shall be admissible in any civil action, administrative proceeding, or criminal proceeding to abate <br /> nuisance conditions on the Property. <br /> 6. Violations not Covered bv this A�eement. Notwithstanding this Agreement, the <br /> City does not u,,i've up its right to pursue remedies for other future code violations not relating to <br /> the Demolition Activities, or for violations of the Municipal Code that occur following the <br /> ATTY/AGR/2014.215/COLBERT SETfLEMENT AGREEMENT-1016 WARREN AVE <br /> REV: 10-29-14 PT <br /> Page2of5 <br />
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