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HomeMy WebLinkAbout2016 CON Alfred Quiambao - Judgement Payment AgreementJUDGMENT PAYMENT AGREEMENT AND RELEASE OF ALL CLAIMS THIS JUDGEMENT PAYMENT AGREEMENT AND RELEASE OF ALL CLAIMS ["Agreement"] is made by and between Alfredo Quiambao, Alfredo Quiambao as Shareholder of Rescue Homes, Inc., [collectively referred to as "Defendants"], the City of National City ["City"], and the California Department of Social Services ["DSS"] who agree as follows: RECITALS WHEREAS, Defendants, City, and DSS have agreed upon terms of a Stipulated Judgment and Order for Permanent Injunction ["Judgment"] in the matter of THE PEOPLE OF THE CITY OF NATIONAL CITY ,and JOHN WAGNER, Director of the CALIFORNIA DEPARTMENT OF SOCIAL SERVICES v. ALFREDO QUTAMBAO, RESCUE HOMES, INC., DOE 1: ALFREDO QUTAMBAO AS SHAREHOLDER OF RESCUE HOMES, INC., and DOES 2-10, inclusive, California Superior Court case number 37-2011-00099379-CU- MC-CTL, [the "Dispute"] to resolve 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. WHEREAS, if accepted by the Court, the Dispute between the parties will be resolved by Entry of the Judgment. When this occurs, among other things, judgment in the amount of $45,500.00 ["Judgment Amount"] will be entered against Defendants, who will be jointly and severally liablefor said amount. $40,500.00 is payable to City and $5000.00 is payable to DSS. DEFINITIONS As used in this Agreement, the following words and phrases have the meanings stated: 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. NOW THEREFORE, Defendants, City, and DSS agree as follows: A. PAYMENT. Defendants agree to pay, and City and DSS agree to accept, monthly payments towards satisfaction of the Judgment Amount as follows: 1. Commencing on November 4, 2012, Defendant Alfredo Quiambao shall make monthly payments to the City of National City in an amount of at least $1,000.00 on the 4th day of each month until the entire amount of $40,500.00 has been satisfied. In the event that the 4th day of the month falls on a Friday, Saturday, Sunday, or holiday, payment shall be due on the first City business day thereafter. a. All payments to the City of National City shall be made payable to "City of National City," and delivered to "City Attorney's Office, 1243 National City Boulevard, National City, CA 91950-4301." 2. Commencing on November 4, 2012, Defendant Alfredo Quiambao shall make monthly payments to the California Department of Social Services in an amount of at least $200.00 on the 4th day of each month until the entire balance of $5,000.00 has been paid in full. In the event that the 4th day of the month falls on a Saturday, Sunday, or holiday, payment shall be due on the first Department of Social Services business day thereafter. a. All payments to the Department of Social Services shall be made payable to "Department of Social Services" and delivered to "Department of Social Services" and delivered to "Office of the Attorney General, c/o Eric Bates, 300 South Spring Street, Los Angeles, CA 90013". 3. In the event that payment is not received by Plaintiffs by the 15th day of the month, a late fee shall be assessed in the amount of $500. It shall be considered default of this Agreement if payment is not received by the 28th of the month, and the total remaining balance of the judgment still owing to each Plaintiff, late fees, reasonable attorney's fees pursuant to Section A.4. of this Agreement, and interest in the amount of 10% per annum shall become immediately due, and City and DSS may use any enforcement remedies authorized by law. 4. Plaintiffs shall be entitled to collect reasonable attorney fees and costs related to enforcement of this Judgment and Order for Permanent Injunction. 5. City and DSS agree to defer enforcement remedies for the Judgment Amount as long as payments are made and received in accordance with this Agreement. 6. Defendants waive any right to contest the Judgment. B. EFFECTIVE DATE. The effectiveness of this Agreement is contingent upon the entry of judgment against Defendants as set forth in the RECITALS. This Agreement becomes effective immediately upon entry of said judgment. C. RELEASE 1. Release. For and in consideration of the terms described above, Defendants 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 2 Judgement Payment Agreement/Release of all Claims People v. Quiambao 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 Dispute, or the underlying facts thereof. 2. Waiver of Civil Code Section 1542. It is the intention of Defendants 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 Defendants expressly waive 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 every nature and kind, and that it extinguishes claims that are known, unknown, foreseen, or unforeseen. Defendants understand and acknowledge the significance and consequence of this specific waiver of Section 1542, and assumes full responsibility for any injuries, damages, losses, or liability that Defendants may incur. D. MISCELLANEOUS. 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. 2. Further Assurance. Each party shall execute all documents and do all acts reasonably necessary to carry out the intent of this Agreement. 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. 4. Representations Regarding 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 3 Judgement Payment Agreement/Release of all Claims People v. Quiambao 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. 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. Each of the parties to this Agreement further acknowledges that they have read this Agreement. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 4 Judgement Payment Agreement/Release of all Claims People v. Quiambao 12. 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. 13. 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. 14. 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: ( 0 Dated: 1 0I 1-j I2 Dated: ALFREDO QUTAMBAO AFLREDO QUTAMBAO AS SHAREHOLDER OF RESCUE HOMES, INC. CITY OF NATIONAL CITY LESLIE DEESE City Manager CALIFORNIA DEPARTMENT OF SOCIAL SERVICES Dated: B L LIGHTBOU, Director 5 Judgement Payment Agreement/Release of all Claims People v. Quiambao APPROVED AS TO FORM: Dated: APPROVED AS TO FORM: By: Dated: \1 // 12 By: ERIC BATES Deputy Attorney General California Department of Social Services JE IF R KNIGHT Deput ity Attorney City of National City 6 Judgement Payment Agreement/Release of all Claims People v. Quiambao irri. 6 Ar...Y CCT 25 rulZ Mayor Ron Morrison Council Members Alejandra Sotelo-Solis Louis Natividad Mona Rios Rosalie Zarate CALIFORNIA NATIONAL CITY O INCORPORATED U RATED Office of the City Attorney City Attorney Claudia Gacitua Silva Deputy City Attorney Jennifer Knight TO. City Clerk DATE: November 20, 2012 FROM: Executive Assistant to the City Attorney SUBJECT: Judgment Payment Agreement and Release of All Claims People v. Alfredo Quiambao; SDSC Case No. 37-2011-00099379-CU-MC-CTL Attached please find a fully -executed original Judgment Payment Agreement and Release of All Claims in the above -referenced matter for your files. Our office will provide an original or copy to all parties. Thank you. Ginny Nii'ller Attachment cc: Deputy City Attorney 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327