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Home My WebLink About07205 - DAVID DIAMOND VACATION RENTAL SETTLEMENT AGR FOR 1951 S ARABY DR W City of Palm Springs i'n(y F Taliyuira Way,• 15dm Sprin-s,C;alil.irnia 9_262 Tel:(760)333.8299•Wcb:Huvv.}?ahnsprinsca.�o June 13,2018 David D. Diamond Law Offices of Diamond&Associates 1200 Wilshire Blvd,Suite 406 Los Angeles,CA 90017 Subject Property: 1951 S.Araby Drive,Palm Springs(Arthur Harutyun Pembedjian,Owner) Dear Mr.Diamond, This Letter Agreement confirms your telecon on May 30,2018 with Mr.Edward Z.Kotkin,City Attorney, regarding the subject property and the settlement of outstanding Administrative Citations issued to your client, Mr. Pembedjian,pursuant to PSMC 5.25.090(c)as follows: e Administrative Citation A2050 issued May 4, 2017 in the amount of $5000— Operating a Vacation Rental Without a Registration Certificate,and e Administrative Citation AB0001 issued July 5, 2017 in the amount of $10,000— Operating a Vacation Rental Without a Registration Certificate 1. Terms of Agreement I A. Total consideration in the amount of five thousand dollars($5,000)shall constitute full,complete and final settlement of Citation A2050 and Citation AB0001 and administrative fines owed. This amount is to be paid to the City by Mr. Pembedjian no later than June xx,2018. B. The City is imposing the penalty of permanent ineligibility of Mr. Pembedjian to operate any Vacation Rental or Homeshare under PSMC 5.25, subject to any future amendment that would take effect in the Ordinance and otherwise allow his eligibility. C. The City acknowledges payment receipt from Mr. Pembedjian of the following amounts related to Mr. Pembedjian's use of the Subject Property as a Vacation Rental: twenty seven hundred forty six dollars and ninety seven cents($2746.97)for outstanding Transient Occupancy Tax(TOT) with penalty; and twenty two hundred fifty dollars ($2250.00)for outstanding Registration Certificate fees With penalty. 1 II. Release of Claims MR. PEMBEDJIAN's Release of Claims. MR. PEMBEDJIAN hereby and forever releases and discharges CITY, as well as CITY's past and present council members, commissioners, directors, officials, employees, contractors, agents, volunteers, attorneys, divisions, departments, representatives, insurers,successors in interest and assigns,and all persons acting by,through,under or in concert with any of them (in the aggregate, and each one of"CITY's Related Parties")from any and all causes of action, rights, claims, judgments, liens, indebtedness, damages, losses, liabilities, and demands of whatsoever kind or character, known or unknown, suspected to exist or not suspected to exist, anticipated or not anticipated, whether or not it has been brought before any state or federal court, or before any state or federal agency or other governmental entity (in the aggregate and each "Claim(s)"),which Claim(s)arise from or relate to Citation A2050,Citation AB0001, and the negotiation and execution of this Agreement. MR. PEMBEDJIAN understands and agrees that this Agreement extends to all disputes or Claims of every nature and kind,known or unknown,suspected,past,present or future,arising from or attributable to the above-referenced matters and dispute. MR.PEMBEDJIAN understands and agrees that he is waiving any rights he has,may have had,or may have in the future, to pursue any and all remedies available to him,or to any of her predecessors,successors,affiliates or related entities or persons,members,managers,partners,employees,contractors,volunteers,agents, representatives,attorneys,and assigns(in the aggregate,and each one of"MR.PEMBEDJIAN's Related Parties") under any Claim against CITY or any of CITY's Related Parties. The Claims released by MR. PEMBEDJIAN hereunder include without limitation any "tort claim" or "government claim" under California Government Code§910,etseq.,and all other claims arising in contract,tort or equity under any other statute,whether federal,state or local up to the date of execution of this Agreement. CITY's Release of Claims. On receipt of the $5000 specified in. A. above, CITY hereby and forever releases and discharges MR.PEMBEDJIAN,as well as MR.PEMBDEJIAN's Related Parties,from any and all Claims arising from or relating to Citation A2050, Citation AB0001, and the negotiation and execution of this Agreement. CITY understands and agrees that this Agreement extends to all disputes or claims of every nature and kind,known or unknown,suspected,past,present or future,arising from or attributable to the above-referenced matters and dispute. CITY understands and agrees that it is waiving any rights it has, may have had, or may have in the future, to pursue any and all remedies available to it,or to any of CITY's Related Parties,under any Claim against MR. PEMBEDJIAN or any of MR. PEMBEDJIAN's Related Parties. Civil Code Section 1542 Waiver. Each of the Parties hereby certifies that it has read and now expressly _.- waives any and all rights that it may have, now or at anytime in the future,pursuant to California Civil Code section 1542,which reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FOR HER FAVOR ATTHE TIME OF EXECUTING THE RELEASE,WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR. 2 The Parties recognize and acknowledge that factors which have induced them and each of them to enter into this Agreement may turn out to be incorrect or to be different from what they had previously anticipated, and they hereby expressly assume the risks of waiving the rights provided by California Civil Code section 1542. PEMBEMIAN Initials CITY Initials Ill. GENERAL PROVISIONS A. Each Party to Bear Own Fees and Costs. Aside from what is specifically provided for in this Agreement, each Party shall bear their own costs, expenses and attorneys' fees incurred in connection with the proceedings and/or events resulting in and/or proceeding this Agreement, or in connection with any other claims made or investigated by either Party against the other in any forum (civil, criminal, administrative or quasi-administrative),and each of the Parties hereto expressly waives any claim for recovery of any such costs,expenses or attorneys'fees from the other Party.Attorneys for all Parties to this Agreement do likewise expressly waive any claim for recovery of costs, expenses and/or attorneys'fees from the opposing Party. Neither Party shall be deemed a "prevailing party" by virtue of executing this Agreement. B. No Prior Assignments. MR. PEMBEIIAN represents that she has not assigned or transferred, or purported to assign or transfer, to any person or entity, any Claim or any portion thereof or interest therein against CITY. C. Enforcement. This Agreement is made and entered into in the State of California and shall be governed, interpreted,and enforced under the laws of the State of California, and applicable Federal Law.To the extent that any Party brings an action to enforce the terms of this Agreement,such action shall be filed and prosecuted in the Riverside Superior Court of California. The Parties further agree that this Agreement may be used as evidence in any subsequent proceeding in which either of the Parties allege a breach of this Agreement or seek to enforce the terms, conditions, provisions, or obligations. Should suit or a motion be brought to enforce or interpret any party of Agreement, or respecting any matter arising out of this Agreement, whether sounding in tort or contract, the _prevailing party shall be entitled to recover as an element of costs of suit, and not as damages, reasonable attorneys'fees to be fixed by the Court: E. Covenant to Effectuate Agreement. Each Party hereto agrees to do all things and execute and deliver all instruments and documents necessary to fulfill and effect the provisions of this Agreement and to protect the respective rights of the Parties to this Agreement. F. Waiver of Terms of Agreement. No waiver by any Party of any breach of any term or provision of this Agreement shall be construed to be,nor be,a waiver of any preceding,concurrent or succeeding breach of the same,or any other term or provision hereof. No waiver shall be binding unless in writing and signed by the Party to be charged or held bound.It is further understood and agreed that if,at any time,a breach of any term of this Agreement is asserted by any Party hereto,that Party shall have the right to seek specific performance of that term and/or any other necessary and proper relief,including, 3. but not limited to,damages. G. No Duress or Undue Influence. The Parties represent and agree that they have carefully read and fully understand all of the provisions of this Agreement,and that they are voluntarily, without any duress or undue influence on the part of or on behalf of any Party,entering into this Agreement. H. Consultation with Counsel. MR. PEMBEJIAN affirms that, prior to execution of this Agreement, she has consulted with her legal counsel/representative concerning the terms and conditions set forth herein, to the extent that she desired any counsel, and that she understands the advice, if any,, provided to her. 1. Entire Agreement. This Agreement contains all of the terms and conditions agreed upon by the Parties hereto regarding the subject matter of this Agreement.Any prior agreements,promises,negotiations, or representations, either oral or written, relating to the subject matter of this Agreement, not expressly set forth in this Agreement,are of no force or effect. J., Interpretation. This Agreement has been jointly negotiated.The language in this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any of the Parties, regardless of the drafting of this Agreement by CITY. K. Severability. In the event that any one or more provisions of the Agreement shall be declared to be illegal, invalid, unenforceable, and/or void by a court of competent jurisdiction, such provision or portion of this Agreement shall be deemed to be severed and deleted from this Agreement but this Agreement shall in all other respects remain unmodified and continue in force and effect. M. Execution of Counterparts. 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. A photocopy or facsimile transmission of the Agreement, including signatures, shall be deemed to constitute evidence of the Agreement having been executed. IN WITNESS WHEREOF,the Parties hereto have executed this Letter Agreement and General Release. DEFENDANT/APPELLANT Dated: By: Arthur Harutyun Pembedjian CITY OF PALM SPRINGS Dated• By: Peter Nelson King ASSISTANT CITY ATTORNEY 4