HomeMy WebLinkAboutAgr 2019-04-03 (6 Acela Drive) AGREEMENTRELATING TO NUISANCE VIOLATIONS
AND SECURED REHABILITATION OF PROPERTY AT
6 ACELA DRIVE TIBURON CALIFORNIA
This Agreement Relating to Nuisance Violations and Secured Rehabilitation of
Property at 6 Acela Drive, Tiburon, California (the "Agreement") is made by and between
the "Town of Tiburon (the "TOWN") and Rosna Tjuatja ("TJUATJA") in her capacity as
the rXord owner of the real property located at 6 Acela Drive, Tiburon, California, this
_3�__--day of April, 2019 (the "Effective Date"). The TOWN and TJUATJA shall be
referred to herein collectively as the "Parties" or each as a "Party."
RECITALS
This Agreement is made for the following purposes and with regard to the
following facts:
A. TJUATJA is the sole record owner and currently holds title to the real
property located at 6 Acela Drive, Tiburon, California, Assessor's Parcel Number 058-
231-03 (the "Property").
B. Disputes and differences have arisen between the TOWN and TJUATJA
regarding to the Property. The TOWN contends, among other things:
1. That since at least 2013, the Property has been in violation of the
Town of Tiburon Municipal Code; that the violations on the Property are serious and
constitute a public nuisance; that the Property has not been occupied for several years and
is currently uninhabitable-, that much of the interior of the residence was demolished
several years ago, including removal of some of the interior walls; and that there are a
number of outstanding building permits on the Property, some of which have expired.
2. That despite numerous attempts by the TOWN to contact TJUATJA
to obtain her voluntary compliance, the foregoing violations were not corrected and
continue to be the source of multiple complaints addressed to the "TOWN involving claims
of trespass and blight.
3. That as a result of the ongoing Tiburon Municipal Code violations
Mid substandard conditions at the Property, the TOWN has incurred certain costs relating
to its enforcement efforts, including attorneys' fees and costs of suit.
4. That on August 11, 2015, the TOWN sent TJUATJA a Pre-Citation
Notice which identified the following violations of the Tiburon Municipal Code: 34-
30(x)(2) (Abandoned Building)-, 34-30(c)(3) (Broken Windows); 34-30(c)(4)
(Deteriorating Paint); and 34-30 (e)(1) (Erosion and Unstable Sod/Broken Fence); and that
said Pre-Citation Notice advised TJUATJA that a fine of $616.00 per day would be
imposed if the violation's were not corrected by Septemher 15, 2015.
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5. That due to TJUATJA's failure to abate the foregoing violations, the
TOWN began to impose fines, in the amount of $616.00 per day for each and every day
that the violations continued; and that, as the Property continued to be neglected, additional
alleged violations were identified by the TOWN.
6. That on January 4, 2018, pursuant to a lawful Inspection Warrant
issued by the Marin County Superior Court, the TOWN inspected the Property; and that,
on May 11, 2018, the TOWN issued a Notice and Compliance Order that identified further
violations and actions necessary to achieve compliance with the relevant Municipal Codes,
including (a) installation of a listed and labeled ASTM Specifications F 1346 pool cover,
(b) written clearance from the Tiburon Fire District regarding Fire Code violations, and (c)
completing the remodel of the Property to current building code requirements with a
building permit or propose demolition of the house and swimming pool and restore the site
to natural landscaping.
The foregoing disputes and differences are hereinafter referred to as the
"Disputed Issues."
C. The TOWN claims that TJUATJA did not correct the further violations
described Recital B(6) above. As a result, on June 8, 2018, the TOWN filed a Complaint
for Public Nuisance, Declaratory Relief and Injunctive Relief against TJUATJA in Marin
County Superior Court entitled People of the State of California v. Rosna Tjuatja, and
designated Case No. CIV 1801979 (the "Lawsuit").
D. Default was entered against TJUATJA in the Lawsuit on October 26, 2018.
Pursuant to a written Stipulation of the Parties, however, the Court entered an Order on
December 21, 2018 setting aside said default and allowing TJUATJA to file an Answer to
the TOWN's Complaint. TJUATJA's verified Answer, admitting and denying certain
allegations of the Complaint and stating various affirmative defenses, was filed on
December 21, 2018.
E. TJUATJA and the TOWN wish to resolve all disputes and settle all
differences between themselves arising from or relating in any manner to the Property, the
Disputed Issues. and the claims and defenses asserted in the Lawsuit on the terms and
conditions set forth below.
AGREEMENT
NOW THEREFORE, based on and in consideration of the mutual promises
contained herein and the recitals set forth above and incorporated in this Agreement, and
for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged by the Parties, TJUATJA and the TOWN hereby agree as follows:
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1. TTUATTA'S PAYMENT OBLIGA'T'IONS.
a. Within five (5) calendar days after the Effective Date of this
Agreement, TJUATJA shall pay to the TOWN the sum of One Hundred Two Thousand
and Ninety Six Dollars ($102,096) in full an final satisfaction of(1) all fines and penalties
of any kind that the TOWN has imposed or could have imposed on TJUATJA in
connection with the claimed public nuisances and violations of the Tiburon Municipal
Code that have existed at any time through and including the Effective Date of this
Agreement, and (2) all costs and expenses of any kind incurred by the TOWN in
connection with the TOWN's above-described enforcement efforts, including but not
limited to attorney's fees and costs of suit, through and including the Effective Date of this
Agreement.
b. The foregoing payment of$102,096 shall be tendered in the form of
a check made payable to "Town of Tiburon" and delivered to the TOWN at the following
address:
Benjamin L. Stock,Town Attorney
Town Hall
1505 Tiburon Boulevard
Tiburon, California 94920
2. TTUATTA'S OBLIGATIONS TO SECURE REHABILITATE AND
MAINTAIN THE PROPERTY.
a. The Parties acknowledge that, prior to the Effective Date of this
Agreement, TJUATJA took the following steps to secure, rehabilitate and/or maintain the
Property:
(1) TJUATJA caused the doors, windows and other potential
points of entry/exit to the dwelling unit and other structures on the Property to be secured
and locked so as to prevent trespassers from entering onto the Property or the dwelling unit
or other structures located on the Property.
(2) TJUATJA contracted with ADT Security Services to provide
a monitored security system at the Property on a "24/7" basis (the "ADT Security
System
(3) TJUATJA engaged a company that carried out trimming of
overgrown trees and shrubs at the Property and removal of dead vegetation at the Property.
(4) TJUATJA selected Phibbs Construction (California License
No. 653063) as her general (prime) contractor to perform and complete the "Rehabilitation
Work" described in Section 3 below, and is currently negotiating the terms of a Horne
Improvement Contract with Phibbs Construction.
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(5) On December 5, 2018, TJUATJA's architect, Mohamad
Sadrieh Architecture, and structural engineer, Faizin Faili Engineering, submitted plans to
the TOWN for issuance of a building permit for the "Rehabilitation Work" described in
Section 3 below, including the construction of an enclosure/fence around the existing
swimming pool at the Property referred to in Section. 3.a(5) below (the "Pool Enclosure").
The repair/remodel/servicing of the existing swimming pool at the Property referred to in
Section 3.a(19) below (the "Pool Remodel") and the Fire Sprinkler Work referred to in
Section 3.a(l5) below will be the subject of separate drawings.
b. TJUATJA agrees to do all of the following subsequent to the
Effective Date of this Agreement:
(1) TJUATJA shall negotiate and enter into a written ]-Tome
Improvement Contract with Phibbs Construction as expeditiously as possible (or other duly
licensed contractor in the event a contract cannot be concluded with Phibbs Construction
for any reason) to carry out the Rehabilitation Work.
(2) TJUATJA shall complete the Rehabilitation Work described
herein within one (1) calendar year from the Effective Date of this Agreement, subject to
"Excusable Delays" as described in Section 5 below.
(3) TJUATJA shall engage only licensed professionals to
perform work on the Property, specifically including duly licensed California contractors
possessing the appropriate license classifications for the portions of the Rehabilitation
Work they perform. Phibbs Construction (or such other duly licensed contractor as may be
engaged by TJUATJA) may perform work using their own forces and/or may subcontract
portions of the Rehabilitation Work to duly licensed subcontractors possessing the
appropriate license classifications.
(4) TJUATJA shall cause the existing swimming pool at the
Property ("Pool") to be compliant with the California Swimming Pool Safety Act (Health
and Safety Code sections 115920, et seq.) by equipping the Pool with the following two
drowning prevention safety features:
(a) TJUATJA shall cause an "approved safety pool cover
as defined in subdivision (d) of Section 115921," as described in Health and Safety Code
section 115922(a)(3) ("Pool Cover") to be installed over the Pool-, and
(b) TJUATJA shall cause an "alarm that, when placed in
a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance
into the water," as defined in Health and Safety Code section 115922(a)(6) ("Floating
Alarm") to be installed in the Pool . Said alarm "shall meet and be independently certified
io the ASTM Standard F2208 'Standard Safety Specification for Residential Pool Alarm,'
Which includes surface motion, pressure, sonar, laser. and infrared type alarms," as
provided in Health and Safety Code section 115922(x)(6).
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The TOWN and TJUATJA acknowledge (1) that the Pool
has been or will be drained of water in order to allow the Pool Remodel to be carried out,
and (2) that a Floating Alarm cannot be installed until the Pool Remodel is completed and
the Pool is filled with water. Accordingly, the TOWN and TJUATJA agree (1) that the
Pool Cover shall be installed as soon as possible after the Effective Date, and (2) that the
Floating Alarm shall be installed as promptly as possible upon completion of the Pool
Remodel.
After the Pool Remodel is complete, TJUATJA shall
maintain the swirruning pool in a proper and safe condition, with normal maintenance
performed, and in compliance with the California Swimming Pool Safety Act.
(5) After the Rehabilitation Work is completed, TJUATJA shall
engage a landscape/gardening service to perform regular maintenance (approximately
twice per month depending upon the season) of all landscaping on the Property for a period
of five (5) years from the completion of the Rehabilitation Work or until TJUATJA sells
the Property, whichever occurs first.
(6) TJUATJA shall continue to contract with a licensed security
service company to provide a monitored security system at the Property on a "24/7" basis
for a period of five (5) years from the completion of the Rehabilitation Work or until
TJUATJA sells the Property, whichever occurs first.
C. TJUATJA hereby designates the following individual to serve as the
"Rehabilitation Work Manager":
Christopher Phibbs
Phibbs Construction
79 Buena Vista Avenue
Mill Valley, CA 94941
(415) 244-1045
cphibbs @ sbcglobal.net
Mohamad Sadrieh, Architect
1 Gate 6 Road, #G
Sausalito, CA 94965
(415) 331-0410
i-nohamadsadrieh@yahoo.com
TJUATJA may change the designated Rehabilitation Work Manager
from time to time by giving written notice thereof to the TOWN.
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3. THE "REHABILITATION WORK."
a. As used in this Agreement, the term "Rehabilitation Work" means
and includes the furnishing of all labor, materials, equipment and services required to
complete the following construction activities, as described more fully as follows:
(1) Interior demolition, including cleanup and removal of debris;
(2) Demolition of existing roofing material and installation of
new roofing material;
(3) Installation of new gutters and downspouts;
(4) Installation of new "Pool Cover" over existing swimming
pool (in compliance with applicable laws);
(5) Demolition of exterior decks, including cleanup and removal
of debris;
(6) Waterproofing of decks;
(7) Installation of new tide in bathrooms;
(8) Removal and replacement of existing windows where
needed, and removal and replacement of existing doors;
(9) Repair of any dry rot in existing framing;
(10) Installation of new framing where needed;
(11) Rough plumbing;
(12) Rough electrical work;
(13) HVAC;
(14) Installation of fire sprinklers;
(15) Installation of new gas burning units (fireplaces);
(16) Interior drywall
(17) Interior finishes (flooring, tile, fixtures)
(18) Repair/remodel/servicing of existing swimming pool,
including installation of new "Floating Alarm" (in compliance with applicable laws),-
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(19) Landscaping;
(20) Interior painting;
(21) Exterior painting as needed (e.g., exposed areas and new
handrails).
4. SECURITY FOR PERFORMANCE OF REHABILITATION WORK.
a. Within ten (10) calendar days after the Effective Date of this
Agreement, TJUATJA shall deposit the sum of Two Hundred Fifty Thousand Dollars
($250,000.00) into an escrow account (the "Performance Deposit") to be established with
Green Escrow Services, Inc. 2010 Crow Canyon Place, Suite 212, San Rasion, California
94.583, an independent escrow company ("Escrow Agent") The purpose of the
Performance Deposit shall be to secure and guarantee TJUATJA's timely, diligent and
proper performance of the Rehabilitation Work, in accordance with the procedures set
forth in this Section 4 and 3. TJUATJA will prepare Joint Escrow Instructions, consistent
with this Agreement, which shall be approved by the TOWN, to be provided to the Escrow
Agent.
b. The Performance Deposit shall be refunded to TJUATJA in
increments as specific "milestones" are achieved in completing the Rehabilitation Work, in
accordance with the document entitled "Schedule of Refunds from Performance Deposit"
attached hereto as Exhibit "A" and incorporated herein by this reference. The parties
acknowledge that the "Schedule of Refunds from Performance Deposit" is based on the
initial sequence in which the various activities comprising the Rehabilitation Work are
expected to be organized and carried out. However, such sequence may change during the
course of construction and those activities may be completed in non-sequential order.
C. Upon achieving each of the milestones listed in the attached
"Schedule of Refunds from Performance Deposit," TJUATJA shall give written notice
thereof to the TOWN, which shall then have the right to inspect the Property to verify that
the work comprising each milestone has been completed. If the TOWN elects to conduct
such inspection, it shall do so within a reasonable period after receiving the foregoing
written notice from TJUATJA. In the event the TOWN disputes that a particular milestone
has been achieved, the TOWN shall immediately give written notice thereof to TJUATJA
and shall specify the reason(s) why the TOWN believes said milestone has not been
achieved. Otherwise, the TOWN shall promptly execute Joint Escrow Instructions (to be
prepared by TJUATJA and submitted to the TOWN for approval) directing the Escrow
Agent to release funds to TJUATJA from the Performance Deposit in accordance with the
"Schedule of Refunds from Performance Deposit".
d. Upon the TOWN's approval of the completion of the Rehabilitation
Work in its entirety, the TOWN shall sign Joint Escrow Instructions (to be prepared by
TJUATJA and submitted to the TOWN for approval) directing the Escrow Agent to release
the balance of the Performance Deposit, if any, to TJUATJA.
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c. All fees and charges billed by the Escrow Agent in connection with
the escrow shall be paid by TJUATJA.
f. If TJUATJA fails to achieve "Substantial Completion" of the
Rehabilitation Work within one (1) calendar year from the Effective Date (subject to
"Excusable Delays" as described in Section 5 below), the balance of the Performance
Deposit remaining on hand with the Escrow Agent shall be released to the TOWN for the
specific and limited purpose of completing the Rehabilitation Work; provided, however,
that the TOWN shall give TJUATJA written notice of the alleged breach or default and
shall give TJUATJA a reasonable opportunity to cure said breach or default in accordance
with Section 10 of this Agreement. As used in this Agreement, "Substantial Completion"
shall mean completion of at least ninety percent (90%) of the Rehabilitation Work
described in the Work Plan.
S. EXCUSABLE DELAYS IN COMPLETION OF REHABILITATION
WORK.
a. TJUATJA shall be excused from delay in the completion of the
Rehabilitation Work caused by events, circumstances and contingencies beyond the
reasonable control of TJUATJA or her contractor(s), architects and other service
professionals, including but not limited to the following: delays arising from appeals to
TOWN permit approvals-, delays of more than two weeks by the TOWN Officials in
conducting inspections and/or carrying out other acts required to be performed by the
TOWN- unforeseen environmental objections; acts of God; material shortages; strikes or
other labor troubles; extra work or changes requested by the TOWN; or other acts of any
public bodies or inspectors, unless related to deficiencies in performance by TJUATJA's
contractor(s).
b. In the event of excusable delays as described in Section 5(a) above,
TJUATJA will provide written documentation identifying the period claimed for the
Excusable Delay. The TOWN shall review the written documentation and if the 'TOWN
finds that the written documentation does not meet the objectives of this Section 5, the
TOWN will send a written notice of objection to TJUATJA.
C. The Parties will then use reasonable efforts to resolve any dispute
regarding whether an Excusable Delay occurred and/or the period of Excusable Delay. If
the Parties cannot come to a mutually satisfactory agreement, the Parties may utilize a
mediator to determine whether an Excusable Delay occurred and/or the period of the
Excusable Delay. Each Party shall equally share the cost of mediation.
d. TJUAT.IA's deadline to achieve Substantial Completion of the
Rehabilitation Work shall be extended by a period of time commensurate with the length
of the Excusable Delay.
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6. INSPECTIONS OF THE REHABILITATION WORK.
a. The TOWN may inspect the Rehabilitation Work at any time upon
reasonable notice, and shall have a right of access to the Property upon reasonable notice
for the purpose of making such inspections or for any other purpose authorized by law or
by the Court. "Reasonable notice" for purposes of inspection of the Rehabilitation Work
shall be at least 24 hour verbal or written notice.
b. The parties acknowledge and agree that any such inspections may be
superficial or general in nature and made be made solely for the TOWN's benefit, e.g., for
the purpose of informing the TOWN as to the progress of the Rehabilitation Work.
7. OTHER OBLIGATIONS OF THE TOWN.
a. The TOWN shall process applications or inspection requests from
TJUATJA or her contractor(s) or authorized representatives for permits, inspections or
approvals in a prompt and diligent manner, in accordance with the TOWN's ordinary
course of business.
8. OTHER OBLIGATIONS OF TUATJA.
a. TJUATJA shall not sell transfer, hypothecate, assign, lien,
mortgage, or encumber the Property in any way until after completion of the Rehabilitation
Work; provided, however, that for estate or tax planning purposes, TJUATJA may transfer
the Property to a family or testamentary trust or to a corporation or limited liability
company in which TJUATJA holds a controlling interest. TJUATJA shall give the TOWN
written notice in advance of making any such transfer.
9. LIMITED MUTUAL RELEASE OF CLAIMS.
a. Except for the obligations created by this Agreement, which shall
remain in effect and survive the settlement embodied herein, and except as otherwise
expressly provided in this Section 9, the TOWN and TJUATJA hereby waive and release
each other and each other's respective officers, employees, agents, contractors,
subcontractors, suppliers, sureties, insurers, attorneys, predecessors, successors, hens and
assigns, and all persons acting by, through, under, or in concert with them (collectively the
"Released Parties") from any and all actions, causes of action, claims and demands,
whether known or unknown, that arise from or relate in any manner to the Property, the
Disputed Issues, and/or the claims and defenses asserted in the Lawsuit (collectively the
"Released Claims").
b. Except for the obligations created by this Agreement, which shall
remain in effect and survive the settlement embodied herein, and except as otherwise
expressly provided in this Section 9, the release set forth in the preceding paragraph shall
operate as full and final releases, applying to all unknown and unanticipated claims,
liabilities, demands, losses, actions or causes of action, as well as to those now known or
disclosed, that arise from or relate to the Property, the Disputed Issues, and/or claims and
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defenses asserted in the Lawsuit. The TOWN and TJUATJA acknowledge that they are
familiar with the provisions of California Civil Code section 1542, 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 debtor
or released party."
Except for the obligations created by this Agreement, which shall remain in
effect and survive the settlement embodied herein, and except as otherwise expressly
provided in this Section 9, the TOWN and TJUATJA hereby expressly waive any rights
that they may have against each other or any other Released Parties under said code
section, as well as under any statute or common law principle of similar substance, with
regard to the Released Claims. The TOWN and TJUATJA understand that they may have
substantial claims or causes of action against each other and/or against other Released
Parties arising out of the Property, the Disputed Issues, and/or the claims or defenses
asserted in Lawsuit, but they nevertheless deliberately intend to and do hereby release
these possible future claims, except for the obligations created by this Agreement and
except as otherwise expressly provided in this Section 9.
C. Promptly upon execution of this Agreement by both Parties and
TJUATA's payment of the settlement amount described in Section 1 above, the TOWN
shall file a Request for Dismissal Without Prejudice of its Complaint in the Lawsuit.
d. Notwithstanding the Dismissal Without Prejudice described in
Section 9(c) above, the Marin County Superior Court shall retain jurisdiction over the
Parties to enforce this Agreement until performance in full of the terms hereof, pursuant to
Code of Civil Procedure section 664.6. Any motion to compel enforcement of, or to enter
judgment pursuant to, the terms of this Agreement, may be heard before any Judge of the
Superior Court for the State of California for the County of Marin. The prevailing party on
such motion shall be entitled to reasonable attorney's fees and costs incurred in connection
with such motion_
e. Notwithstanding the limited mutual releases described in this
Section 9, the TOWN expressly reserves and does not waive or release any claims, rights
or remedies of any kind that may arise as a result of any nuisance or Municipal Code
violation that may occur on the Property after the Effective Date of this Agreement. In the
event of such future nuisance or Municipal Code Violation, the TOWN shall be entitled to
take immediate action to remedy such nuisances or violations through abatement or other
legal proceedings.
10. CURING BREACH OR DEFAULT. In the event either- Party defaults or
breaches an obligation set forth in this Agreement, the other Party shall give written notice
of such default Or breach and allow the breaching Party fifteen (1 5) calendar days CO cure
such default or breach. In the event that the default or breach is not cured within said
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period of time, the non-breaching Party may bring any appropriate legal action to remedy
the default or breach.
11. NOTICES.
a. All notices, statements and other documents which either Party is
required to give hereunder- shall be in writing and shall be given by First Class United
States Mail and by electronic mail to the persons and addresses set forth below. Delivery
of any notice, statement or other document to either Party shall be deemed received two (2)
business days after mailing.
If to TOWN OF TIBURON:
Benjamin L. Stock, Town Attorney
Town Hall
1505 Tiburon Boulevard
Tiburon, CA 94920
E-mail: DBazz.ano@bwslaw.com
If to TJUATJA:
Rosna Tjuatja
c/o Richard C. Stromberg
Law Offices of Richard C. Stromberg
999 Fifth Avenue, Suite 200
San Rafael, CA 94901
E-mail: Richard@Stromberg LawOffices.cona
Rosna Tjuatja
c/o Jason Chin
Attorne at Law
309 - 4" Avenue, Suite 200
San Francisco, CA 94118
E-mail:jchin@pacificventurelaw.com
b. Either Party may, from time to time, by written notice to the other Party,
designate a different address and/or a different person that shall be substituted for the one
specified above.
12. MISCELLANEOUS PROVISIONS.
a. Time is of the essence in this Agreement and all performances and
obligations due hereunder.
b. This Agreement shall be binding upon and inure to the benefit of the
Parties hereto and their respective heirs, representatives, successors, and permissible
assigns.
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13. ATTORNEYS' FEES. In the event that any action, suit or other
proceeding is instituted to remedy, prevent, or obtain relief from a material breach of this
Agreement, or arising out of a material breach of this Agreement, the prevailing Party shall
recover from the other Party all of such prevailing Party's reasonable attorney's fees and
costs incurred in each and every such action, suit or other proceeding, including any and all
appeals or petitions.
14. VOLUNTARY EXECUTION. The Parties hereby warrant and certify that
they are authorized to execute this Agreement and have entered into this Agreement freely,
voluntarily, and of their own volition without fraud, duress, or undue influence. Both
Parties had the benefit of legal counsel in the preparation of this Agreement. The Parties
have read the Agreement in its entirety, know and understand the contents thereof, and sign
the Agreement as their own free act.
1S. NO MODIFICATION. This Agreement may be amended, modified or
terminated only by a writing executed by each of the Parties. No representations,
promises or conditions not set forth herein in connection with the subject matter of this
Agreement shall be binding upon either Party unless made in writing and signed by each
Party.
16. MERGER OF PRIOR AGREEMENTS AND UNDERSTANDINGS.
This Agreement contains the entire understanding between the Parties related to the
matters set forth herein, and all prior or contemporaneous agreements, understandings,
representations and statements, oral or written relating to nuisances or Municipal Code
violations at the Property are merged herein and shall be of no further force or effect.
17. SECTION HEADINGS. The section headings contained in this Agreement
are for reference purposes only and shall not affect in any way the meaning or
interpretation of this Agreement.
18. COUNTERPART EXECUTIONS. This Agreement may be executed in
one or more counterparts, each of which shall be deemed an original, but all of which
together shall constitute one and the same instrument. Any faxed or scanned counterpart of
this Agreement shall be deemed to be an original.
19. SEVERABILITY. If any provision of this Agreement is held to be invalid
or unenforceable, the remaining portion of the Agreement shall continue to be valid and
will be performed, construed, and fully enforced to the fullest extent permitted by law, and
the invalid or unenforceable term shall be deemed amended and limited in accordance with
the intention of the parties, as determined from the face of the Agreement, to the extent
necessary to permit the maximum enforceability or validation of the term or provision.
20. JURISDICTION AND GOVERNING LAV. This Agreement shall be
interpreted, construed, governed, and enforced under and pursuant to the laws of the State
of California. Any action to enforce any term or condition of this Agreement shall be
brought in the Marin County Superior Court which shall hear or determine any such
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dispute. The prevailing party in such proceeding. shall be entitled to statutory costs and
attorney's fees.
IN vATNESS WHEREOF, the Parties have caused this Agreement to be executed
as of the Effective Date.
BATED tl 20119 TQ OF TIB 19
By:
G Cha
Town er
DAA;
March-)
2419 ROSNA TJUATIA
Approy as O,FCmin:
BURKF,WI-LIAMS &:SORENSENI.LLP
Benjamin::L.5t to
Tiburon Town Altorney
LAW'_OFFICES OF RICHARJD C STROMBERG
Richard-C. Stromberg
Attorneyslor ROSNA T.UATJA
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EXHIBIT "A"
SCHEDULE OF REFUNDS FROM PERFORMANCE DEPOSIT
Milestone Description Refund Amount % of Total
1 Demolition of existing roofing $35,000.00 14.0%
material and installation of new roofing
and new gutters
2 Installation of new swimming pool cover 7,500.00 3.0%
3 Repair or replacement of exterior decks; 25,000.00 10.0%
waterproofing and the
4 Removal and replacement of existing 25,000.00 10.0%
doors and windows
5 Dry rot damage repair; framing changes; 37,500.00 15.0%
rough plumbing and electrical-, HVAC;
fire sprinklers; fireplaces
6 Drywall 25,000.00 10.0%
7 Interior finishes (flooring, tile, fixtures) 25,000.00 10.0%
8 Pool remodel/repair/servicing 37,500.00 15.0%
9 Installation of floating alarm for pool 2,500.00 1.0%
10 Landscaping 17,500.00 7.0%
11 Final inspection/sign-off of all work 12.500.00 5.0%
"TOTAL SZD.000.0_0 100,()6/0
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