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HomeMy WebLinkAbout2012 CON Volunteers of America - 2823 E 6th St / 2301 E 7th Street - Settlement AgreementNOTE TO FILE 09-16-14 IN THE MATTER OF: Settlement Agreement and Release of All Claims between the City of National City and Volunteers of America Southern California Development Corporation. Please note the following: NO ORIGINAL RECORDED AGREEMENT WAS FILED WITH THE OFFICE OF THE CITY CLERK ORIGINATING DEPARTMENT: CDC _ Housing & Grants _ City Attorney _ Human Resources X City Manager _ MIS Community Svcs. _ Planning Engineering _ Police Finance Public Works Fire NTF SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS THIS SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS [Agreement] is made as of February 14, 2012, by and between Southern California Development Corporation of VOA, Inc., a California nonprofit corporation [VOA], and CITY OF NATIONAL CITY [City], [VOA and City referred to as "The Parties"], who agree as follows: RECITALS A. The Parties now wish to settle and dismiss all disputes and claims between them. The undersigned understand, acknowledge, and agree that the execution of this Agreement is not to be construed as an admission of liability on the part of any party to this Agreement. B. VOA closed escrow on the purchase of the properties located at 2823 East 6th Street and 2300-2301 East 7th Street, in April 2011. Prior to the close of escrow, VOA confirmed their intended use of the property was allowed by right in the zone. The VOA intends to use the property for adult rehabilitative services, including mental illness and substance abuse recovery (referred herein as a "social rehabilitation center"). The immediate prior use of the property was for a skilled nursing facility. VOA's intended use and the immediate prior use were allowed prior to the General Plan Update and Land Use Code recently approved by the City. C. On or about September 29, 2011, VOA sent City a letter outlining its concerns and issues regarding their attempt to secure building permits for their property, but being informed that their intended use was no longer an allowed use under the Land Use Code, as amended. D. The Parties met on various occasions to discuss the areas of disagreement. VOA contended that either it should be allowed to move forward with their intended use as a matter of right or as a non -conforming use under various theories with which the City disagreed. VOA threatened litigation against City to seek a court determination regarding the allowed use of the property and VOA's ability to proceed with their intended project. E. The unique factors and history of the property located at 2823 East 6th Street and 2300-2301 East 7th Street create an unusual and isolated situation that is amenable to resolution by the Parties. The Parties now seek to resolve all outstanding issues between them, thereby avoiding a protracted court action. DEFINITIONS As used in this Agreement, the following words and phrases have the meanings stated: Associated Entities and Persons. "Associates Entities and Persons" includes, but is not limited to, spouses, heirs, executors, administrators, representatives, successors -in -interest, assigns, subrogees, agents, employees, attorneys, former employees, or similarly related entities or persons. Claims. "Claims" shall include all claims, rights, liens, demands, liabilities, indebtedness, agreements, promises, and causes of action (asserted, unasserted, known, unknown, or contingent) which arise out of or relate to the issues described in the recitals above, and which have accrued as of the date of this Agreement. Costs. "Costs" shall include all costs, losses, liabilities, damages, judgments, expenses, fees, attorneys' fees, and obligations related to the Claims. AGREEMENT NOW, THEREFORE, the Parties agree as follows: 1. SETTLEMENT: 1.1. Nonconforming Use: The Parties agree that the property located at 2823 East 6th Street and 2300-2301 East 7th Street (the "Property"), located in the City of National City, may be used as a social rehabilitation center, as a nonconforming use referred to in the former land use code as a "Social Rehabilitation Center and Temporary Residence for Chronic Drug Users" which can continue as a legal nonconforming use, subject to the National City Municipal Code ordinances regulating and limiting nonconforming uses. Nothing in this Agreement prohibits or limits the City from taking any actions authorized by the National City Municipal Code, should any Municipal Code violations or Municipal Code noncompliance occur after the execution of this Agreement. 1.2 Notice of Restriction on Real Property: The Parties agree that the use of the Property shall be subject to a Notice of Restriction to be recorded against the Property. The Notice of Restriction to be executed is attached as Exhibit A to this Agreement. VOA shall record the Notice of Restriction and have a conformed copy delivered to the City. 1.3 VOA National City Treatment Program Protocol: The Parties agree that the use of the Property as a social rehabilitation center shall conform and abide by the Volunteers of America National City Treatment Program Protocol, attached hereto as Exhibit B. VOA shall not change any of the protocols contained in that document without written authorization from the City. 1.4 Waiver of Fees and Costs: Each party hereby agrees to waive any and all claims it may have or had for Costs related to this matter. 2. RELEASE OF CLAIMS. 2.1 Release. For and in consideration of the terms described above, VOA on behalf of themselves, their heirs, executors, administrators, and assigns hereby fully release and discharge the City, its agents, sureties, officials, officers, directors, representatives, insurers, attorneys, employees, predecessors and assigns, Associated Entities and Persons, jointly and severally, from any and all claims, demands, controversies, actions, causes of action, obligations, liabilities, costs, expenses, attorneys' fees and damages of whatsoever character, nature and kind, known or unknown, in law or in equity, arising from or related to the Parties disagreement regarding whether the Property could be used as a social rehabilitation center, or the underlying facts thereof. -2- 2.2 Waiver of Civil Code section 1542. It is the intention of VOA that the foregoing release shall be effective as a bar to all claims, demands, controversies, actions, causes of action, obligations, liabilities, costs, expenses, attorneys' fees and damages of whatsoever character, nature and kind, known or unknown, suspected or unsuspected, hereinabove specified to be so barred; and in furtherance of this intention VOA expressly waives any and all rights and benefits conferred upon that party by the provision of Section 1542 of the California Civil Code, which are as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." It is understood and agreed that the release provision of this subsection is a full and final release of all liability, claims, demands, actions, causes of action, and rights of very nature and kind and that it extinguishes claims that are known, unknown, foreseen, or unforeseen. VOA understands and acknowledges the significance and consequence of this specific waiver of Section 1542 and assumes full responsibility for any injuries, damages, losses, or liability that VOA may incur. 3. MISCELLANEOUS. 3.1 Covenant not to sue. Each of the Parties under this Agreement agrees that such party shall not make, assert or maintain any action, demand or lawsuit against any other party, or the other party's Associated Entities and Persons, for claims released pursuant to this Agreement. 3.2 Further Assurance. Each party shall execute all documents and do all acts reasonably necessary to carry out the intent of this Agreement. 3.3 Successors. The provisions of this Agreement shall be deemed to obligate, extend to, and inure to the benefit of the successors, assignees, transferees, grantees, and indemnities of each of the parties to this Agreement. 3.4 Representations Regardine Authority. The parties represent and warrant that they are legally authorized and competent to execute this Agreement, which is intended to be a legally binding contract dealing with the release and/or conveyance of certain valuable, important rights. Each party represents and warrants that it has not assigned, transferred, or purported to assign or transfer to any person or entity any claim released and each party agrees to defend, indemnify, and hold harmless the other party from any claims that arise as a result of anyone asserting such a claim. The City Manager is signing this Agreement pursuant to authority given by the City Council pursuant to Government Code section 54956.9(b) on February 7, 2012. 3.5 Independent Counsel. Each of the parties to this Agreement acknowledges and represents that it has been represented by independent counsel of its own choice through all negotiations which preceded the execution of this Agreement, and that it is freely and voluntarily executing this Agreement with the consent, and upon the advice, of -3- independent counsel. Each of the parties to this Agreement further acknowledges that they have read this Agreement and have had its terms and consequences explained by independent counsel. 3.6 California Law. This Agreement is made and entered into in the State of California and shall, in all respects, be interpreted, enforced, and governed by and under the laws of the State of California. 3.7 Attorneys' Fees. If any dispute arises pertaining to this Agreement, each party shall bear its own cost and attorneys' fees. 3.8 Interpretation. Wherever the context so requires, the singular number shall include the plural; the plural shall include the singular; and the masculine gender shall include the feminine and neuter genders. No provision of this Agreement shall be interpreted against a party to this Agreement because that party or his or its legal representative drafted that provision. 3.9 Captions. The captions by which the sections and subsections of this Agreement are identified are for convenience only and shall have no effect upon its interpretation. 3.10 Integration. This Agreement (after full execution) memorializes and constitutes the entire agreement and understanding between the parties, and supersedes and replaces all prior negotiations, proposed agreements, and agreements, whether written or unwritten. This Agreement may be amended or modified only by a writing signed by all parties to this Agreement which specifically states it is an amendment to this Agreement. 3.11 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. 3.12 Release Not Admission Of Liability. It is expressly acknowledged and agreed that no party admits, expressly or impliedly, any fact or liability of any type or nature with respect to any matter, or the sufficiency of any claims, allegations, assertions, or positions of any party; no party has made any such admissions; and this Agreement is entered into solely by way of compromise and settlement only. 3.13 Forum Selection. If any action is brought by any party arising out of or in any way related to any of the terms, covenants and conditions of this Agreement, each party agrees that the forum for such action or actions shall be a court of competent jurisdiction within the County of San Diego, State of California. 3.14 Assignments. The parties hereby represent that they have not previously assigned, transferred, or purported to have assigned or transferred in any manner, the claim held by it, him or her against the other party. Each party agrees to indemnify and hold harmless the other and pay the other's attorneys' fees in the event that any individual or entity asserts a purported written assignment of a claim from the party to that individual or entity. [remainder of page blanks -4- 3.15 Survival Of Representations and Warranties. The representations, warranties, and releases set forth in this agreement shall remain in full force and effect and shall survive the consummation of this Agreement. Dated: 7 % Dated: Dated: March 28, 2012 APPROVED AS TO FORM: Dated: Dated: yfz V/ 2-- Southern California Development Corporation of VOA, Inc., a California nonprofit corporation 4.4/ Southern California Development Corporation of VOA, Inc., a California nonprofit corporation CITY OF NATIONAL CITY B>; Leslie Deese City Manager HECHT SOLBERG By: Neil Hyytinen, Esq. Attorney for Southern California Development Corporation of VOA, Inc., a California nonprofit corporation By: udia Gac City Attorn City of Natio -5- ilva RECORDING REQUESTED BY: Gerald McFadden, President for Volunteers of America Southern California Development Corp of VOA, Inc. Prope 2 Owner's N- e Priytd roperty Owner's Signature WHEN RECORDED MAIL TO: Planning Division City of National City 1243 National City Boulevard National City, CA 91950 NOTICE OF RESTRICTION ON REAL PROPERTY Address: 2823 E. 6th St and 2300-2301 East 71" St., National City Assessor's Parcel #: Portions of APNS 557-150-12-00; 557-161-14-00; 557-161-12-00 The real property located in the City of National City, County of San Diego, State of California, described on Exhibit "A" attached hereto and made a part hereof ("Property"), is restricted by the following conditions: 1. The City of National City ("City") authorizes the Property to be used as a social rehabilitation center subject to the following limitations: a. The number of beds provided shall not exceed one hundred and thirty-two (132) beds. b. The facility shall at all times comply with the City's parking requirements for this type of institutional use that are in effect as of the date of this Notice of Restriction on Real Property. c. The operator of the social rehabilitation center shall substantially conform with the procedures and protocols set forth in that certain Volunteers of America National City Treatment Program Protocol, a copy of which is on file with the National City Development Services Department, Planning Division. d. The social rehabilitation center and its operations shall at all times comply with applicable state law. e. The operator's compliance with this Notice of Restriction on Real Property shall be subject to annual review by the City. 2. This Notice of Restriction on Real Property may be enforced by the City and any changes or modifications to the restrictions set forth herein shall require the City's prior written consent. 3. Nothing herein is intended to limit or preclude any other uses allowed on the Property by operation of the City's Zoning Code. 4. The restrictions imposed herein are binding on all present or future interest holders or estate holders of the property. Dated: April 3, 2012 APPROVED AS TO FORM: C • is G. Silva City Attorne Ci y of National City Brad Ra»l.ton Executive Director 080198-0001 4849-0830-0814 v2 EXHIBIT "A" LEGAL DESCRIPTION The land referred to herein is located in the City of San Diego, County of San Diego, State of California, described as follows: PARCEL ONE: PARCEL 3 OF PARCEL MAP NO. 20872, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 12, 2011. PORTIONS OF APNS 557-150-12-00; 557-161-14-00; 557-161-12-00; PARCEL TWO: AN EASEMENT FOR INGRESS AND EGRESS OVER, ALONG AND ACROSS THAT PORTION OF THE WEST HALF OF THE EAST HALF OF THE EAST HALF OF 80 ACRE LOT 2 IN QUARTER SECTION 130 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF BY MORRILL NO. 166 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF 7TH STREET WITH THE WESTERLY LINE OF SANITARIUM PLACE, ACCORDING TO MAP THEREOF NO. 1730, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 10, 1922, THENCE ALONG THE WESTERLY LINE OF SAID MAP NO. 1730, SOUTH 17°42'20" EAST, 14.40 FEET; THENCE PARALLEL WITH THE WESTERLY PROLONGATION OF THE CENTERLINE OF SAID 7TH STREET, SOUTH 72°04'50" WEST, 17.26 FEET TO A POINT ON THE ARC OF A NON - TANGENT 22.50 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE FROM SAID POINT BEARS NORTH 68°05'49" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 107°55'05", A DISTANCE OF 42.38 FEET; THENCE NON -TANGENT TO SAID CURVE, SOUTH 72°04'50" WEST, 62.72 FEET TO THE BEGINNING OF A TANGENT 38.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 46°49'35", A DISTANCE OF 31.06 FEET TO A POINT ON THE WESTERLY PROLONGATION OF THE CENTERLINE OF 7TH STREET; THENCE ALONG SAID WESTERLY PROLONGATION, NORTH 72°04'50" EAST, 144.05 FEET TO THE POINT OF BEGINNING. END OF LEGAL DESCRIPTION. 080198-0001 4849-0830-0814 v2 Volunteers of America National City Treatment Program Protocol Intake/Assessment: All initial screening and intake functions will be performed at an off -site location in downtown San Diego, there will be no walk-in intakes conducted at the Volunteers of America National City Treatment Program. Clients undergo a comprehensive screening interview to determine the stage and type of treatment required including: some clients may require detoxification, some long term residential treatment and others outpatient services. The Addictions Severity Index (ASI) is conducted to determine presenting problems; family and interpersonal history, including current relationships and parenting history; educational, vocational, and employment history; current financial status; medical history; legal history; alcohol/drug use and severity; history of previous substance abuse treatment, including results; psychological history; history of previous mental health treatment, current treatment readiness and barriers to treatment; and diagnostic impressions and treatment recommendations. The goal of Assessment and Initial Treatment Planning (ATP) is to complete a comprehensive bio-psychosocial screening and assessment that results in the following: 1. Symptom Profile: ATP is designed to create an organized bio-psychosocial profile of symptoms that are related to substance use disorders, mental disorders, personality disorders, and situational life problems. Each symptom will include a standardized rating of symptom severity. 2. Problem List: ATP results in a prioritized problem list that links each identified problem to the presenting problems, its onset and development in the life addiction and mental health history, and the disorder(s) that the problem is related to. 3. Target Problem: ATP identifies the target treatment problem which is the most important problem that needs to be the primary or central focus of the initial treatment plan. 4. Initial Treatment Plan; ATP develops an initial treatment plan consisting of a personalized problem title, a personalized problem description, an outcome goal, and an action plan (a series of linked clinical interventions designed to accomplish the goal). Placement & Referral: Upon completion of an assessment, clients will be referred and placed according to their individual treatment needs. Services that will be provided at the National City Treatment Center include: detoxification (15 clays), short-term residential treatment (30-90 days), long-term residential treatment (90-180 days). All clients admitted to the National City Treatment Center will be transitioned into a continuum of treatment care. For clients that are screened but not accepted into Volunteers of America's National City Treatment Center appropriate referrals will be provided from our downtown San Diego intake and screening location to other suitable health care facilities. Treatment Goals: The most appropriate goal for the treatment of substance dependence is the development of a personally meaningful lifestyle that involves productive functioning in the family, workplace, and society. This involves the following: 1. Abstinence: Abstinence from alcohol and other mind altering drugs. At certain stages in the recovery process abstinence may not be realistically possible. At those times, effective programs provide harm reduction and motivational counseling processes that can then be used to prepare the client to accept the goal of abstinence. C:\Documents and Settings\gmcfadden\Local Settings\Temporary Internet Files\National City Treatment Program Protocol (3).doc 2. A Structured Recovery Program: The development of a structured recovery program that supports abstinence and the development of a lifestyle centered on sober and responsible activities. 3. Repair of Bio-psychosocial Damage: Repair of the physical, psychological, and damage caused by the substance use disorder. 4. Treatment of Co -existing Disorders: The treatment of co -existing mental and personality disorders that interfere with abstinence and responsible living. 5. Positive Personality & Lifestyle Change: Personality and lifestyle changes that support continued abstinence. Treatment Method: Cognitive -Behavioral Therapy (CBT): Volunteers of America rehabilitative and treatment programs utilize addiction -focused cognitive -behavioral therapy as a primary treatment methodology to focus on both alcohol and drug addiction disorders. Cognitive -behavioral treatment: • Is among the most frequently utilized psycho -social approach for the treatment of substance use disorders; • Has a strong level of empirical support; • Has been studied in regard to various types of substances including tobacco, alcohol, cocaine, marijuana, opiates, and other types of substances; • Is effective in reducing the severity of relapses when they occur; and • Enhances the durability of treatment effects Client Movement Management and Monitoring: Volunteers of America recognizes the significance of providing a safe, secure and controlled environment in order to optimize treatment outcomes and to deliver effective and efficient treatment services. The security of our treatment center and the safety of the general public is a priority for Volunteers of America. Access to our treatment facility is limited to inpatient clients only; there will be no out -patient services offered at this location thus minimizing movement in and out of the facility. The National City Treatment Center will have a full-time dedicated security staff who will perform security checks of both the interior and exterior environment and the Treatment Center will also be equipped with an interior and exterior surveillance security system. The interior security system and procedures include: a staffed 24-hour a day central command station equipped with interior video surveillance system that monitors participant activities and all common areas of the building. Additionally, daily hourly physical head count of participants will be conducted, random and mandatory urine collection and independent analysis testing, sign -in and sign -out procedures, and monitored itineraries of individuals departing from the program. The exterior security system and procedures include: video surveillance of building exterior and immediate surrounding area, hourly physical plant inspection by program staff, and motion detection lighting to identify parameter breaches. All exterior doors are alarmed in order to notify staff of any unauthorized movement into or out of the center. The video surveillance equipment that will be used by the Volunteers of America National City Treatment Center will provide multiple screen observations of all entry and exit points. The two primary observation and monitoring stations at the Center are located in the east and west hallways of the building, as well as from an administrative office location and the general reception area. C:\Documents and Settings \gmcfadden\Local Settings \Temporary Internet Files\National City Treatment Program Protocol (Woe Program Staffing Plan and Professional Oversight: The staffing plan for the program is comprised of individuals with formal training and background experience in addiction treatment, cognitive behavioral therapy and program operations. The program has staff coverage 24-hours a day seven days a week. There are 5 coverage staffs on the shift between 7:00AM and 3:00PM, 5 coverage staff on the shift between 3:00PM and 11:00PM and 4 coverage staff on the shift between 11:00PM and 7:00AM. The coordination of medical services and psychological testing are the responsibility of the Medical Director and the Staff Psychologist. Case management services and clinical consultation services are the responsibility of the LCSW and MSW social work staff. Addiction counseling services (individual, group and cognitive behavioral therapy workshops) are the responsibility of the Director of Treatment Services, Treatment Coordinator and Certified Addiction Counselors. A listing of the professional medical and addiction treatment staff, as well as a list of similar types of facilities are included in Attachment A of this document. Discharge Planning/Aftercare: Discharge planning begins with the initial treatment plan and emphasizes integration of recovery tools and successful intervention plans. The Discharge Plan is developed between the staff and the client. The Discharge Plan includes a relapse prevention plan, follow-up/aftercare services; referrals services; and a plan for continued recovery and growth outside the treatment environment. The procedure for residents being discharged from this program will involve direct discharge in the care of an adult family member for transporting the client to their place of residence. In the evident the client does not have a family member to transport them upon discharge Volunteers America will transport the individual to the original point of intake in downtown San Diego. Volunteers of America believe that drug and alcohol abuse and addiction is progressive and a potentially fatal condition that can be arrested with proper intervention, education, treatment and support. The essence of Volunteers of America's mission as an organization is to "Inspire hope through our ministry of services to the individuals and families we serve by providing the tools for them to have an improved quality of life. Volunteers of America's alcohol and drug treatment Ministry of Hope is a vital and viable live -saving resource for individuals struggling with the challenge of addiction. Volunteers of America is a socially responsible organization that will be a value-added business and services resource for National City. Point of Contact Person for National City Staff: Volunteer of America has designated an in -charge administrator for the National City Treatment Center who will serve as the point of contact liaison person for National City staff. This in -charge administrator is the Chief Operations Officer for Volunteers of America, Ms. Marie McKenzie. Ms. McKenzie is located at 3530 Camino Del Rio North, Ste. 300, San Diego, CA 92108, her telephone number is (619) 228-2057 and her e-mail address is coo@voa-swcal.org Mocuments and Settings \amcfadden\Local Settings Temporary Internet Files\National City Treatment I'rograrn Protocol (3).doc CITY OF NATIONAL CITY OFFICE OF THE CITY ATTORNEY 1243 National City Boulevard, National City, CA 91950-4301 Claudia G. Silva • City Attorney Phone: (619) 336-4220 Fax: (619) 336-4327 TDD: (619) 336-1615 E-mail: Attorney@nationalcityca.gov TO: City Clerk FROM: Ginny Miller, Legal Assistant SUBJECT: Settlement Agreement and Release of All Claims DATE: April 4, 2012 Attached please find an original, full -executed Settlement Agreement between the City and VOA, Inc., for your files. I have sent the other original to VOA. Thank you. Attachment CALIFORNIA — Mayor Ron Morrison Council Members Alejandra Sotelo-Solis Louis Natividad Mona Rios Rosalie L .rate April 4, 2012 Gerald McFadden President 3530 Camino Del Rio North Suite 300 San Diego, CA 92108 RE: Settlement Agreement Dear Mr. McFadden: NATIONAL NAL CITY Iwti NCORPORA ED Office of the City Attorney City Attorney Claudia Gacitua Silva Deputy City Attorney Jennifer Knight Enclosed please find a fully -executed original Settlement Agreement between the City of National City and VOA, Inc., for your files. Very truly yours, Ginny Milr Legal Assistant Enclosure cc: City Attorney ,City Clerk 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Dalla — City Clerk (619)336-4226 (619) 336-4229 July 18, 2013 TO: Leslie Deese, City Manager Claudia Silva, City Attorney FROM: Michael Dalla, City Clerk if SUBJECT: Incomplete Contract Documents — Volunteers of America (VOA) The City entered into a Settlement Agreement with VOA in February 2012, for property located at 2300 — 2301 7th Street. The contract documents have been held in abeyance pending receipt of a recorded copy of the Settlement Agreement which was to be provided by VOA per Section 1.2 of the Agreement. Within the next 30 days it is our intention to insert a 'Note to File' in the incomplete contract documents stating that a conformed copy of the Recorded Settlement Agreement was never received by our office. If there is reason to defer our intended action please so advise.