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HomeMy WebLinkAboutAugustine ArifinSETTLEMENT AGREEMENT The parties to this Agreement are the Town of Los Altos Hills ("Town"), and Augustine Arifin ("Owner4 The parties enter into this settlement agreement ("Agreement") as of UNf , 2021. Town and Owner are sometimes individually referred to as a "Party" and collectively as "Parties". RECITALS A. This Agreement concerns refund of annual sewer service charge between Fiscal Year 2013-14 and Fiscal Year 2020-21 for the property located at 11050 Eastbrook Avenue, Los Altos, CA 94024 with APN #331-16-090 ("Claim"). B. In consideration of the risks and costs attendant in pursuing and ultimately litigating this Claim, the Parties desire to enter into this Agreement is to resolve and compromise all disputes among the Parties concerning the issues raised by the Claim. II. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing recitals, the mutual undertakings contained in this Agreement, and for other good and sufficient consideration, the Parties agree as follows: A. Payment by Town: Refund of $6,060 B. Property Owner's Obligations: Owner agrees as follows: 1. Release of all claims: For and in consideration of the payment by the Town as recited in Section A above, Owner hereby releases, acquits and forever discharges the Town, as well as all departments, officials, officers, employees, from any and all claims, demands, damages, debts, liabilities, costs, interest and expenses, known or unknown, past, present or future, arising out of or in any way related to the facts described in the Claim or related to or arising out of the Claim. 2. Civil Code section 1542 Waiver: Owner hereby waives and relinquishes all rights or benefits which Owner now has or in the future may have under the terms of section 1542 of the Civil Code of California, which reads as follows: 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. C. General Agreement Terms: 1. Attorney's Fees and Costs: Each of the Parties shall bear its own attorney's costs, if any. 2. Successors; Further Actions and Documents: This Agreement shall be binding upon and shall inure to the benefit of the Parties and each of their past, present, and future respective officers, agents, employees, predecessors, successors, spouses, heirs, assigns, and administrators. Each of the Parties agrees to execute any and all further documents that may be necessary or appropriate to effectuate the provisions of this Agreement and to make this Agreement legally binding upon each of the other Parties, their officers, directors, agents, employees, attorneys, representatives, subsidiaries, affiliates, successors and assigns. 3. Authority: Each Party represents and warrants to the other Party that such Party has the legal authority to enter into this Agreement and bind such Party to the terms hereof, and that none of them has heretofore assigned or transferred, or purported to assign or transfer, to any person or cause of action, or any part or portion thereof, involved or referred to herein. Each Party does jointly and severally agree to indemnify and hold harmless any of others against any claim, demand, debt, liability, account, action or cause of action (including the payment of attorney's fees and costs actually incurred, whether or not litigation be commenced), based or arising out of or in connection with any lack of authority or such transfer or assignment. 4. Enforcement of Agreement: Any suit brought by any Party to enforce any provision of this Agreement, or for damages for the breach hereof, shall be commenced and maintained exclusively in the County of Santa Clara, California. 5. Independent Counsel: Both Parties do hereby acknowledge and agree that they have been represented by or have been encouraged to retain or had the opportunity to retain, independent counsel or their own choice throughout the drafting and execution of this Agreement. 6. Governing 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 that state. 7. Full and Final Compromise. No Admission of Liability: Each of the Parties acknowledges that the money and other valuable considerations for settlement are solely for the purpose of producing peace and preventing further involvement in the Claim between them. This Agreement is full and final compromise of all disputes identified in the Claim and/or related to or arising out of the Claim, and any provisions hereof is not to be construed as an admission of liability on the party of any Party hereof. No Party shall be deemed to be or considered a "prevailing party" for purposes of the Claim. 8. Interpretation: Both Parties have had an equal opportunity to participate in the drafting of this Agreement. The usual construction of an agreement as to the drafting Party shall not apply to this Agreement. No provision of this Agreement shall be interpreted for or against any Party because that Party or its legal drafted the provision. 9. Modification: This Agreement may not be altered, amended, or modified or otherwise changed, except in writing duly executed by authorized representatives of each of the Parties to it. 10. Entire Agreement: This Agreement contains the entire agreement and understanding concerning the subject matter between and among the Parties and supersedes and replaces all prior negotiations, proposed agreement and agreements, written or oral. Each of the Parties acknowledges that no other Party nor any agent or attorney of any other Party, has made any promise, representation, or warranty whatsoever, express or implied, not contained herein concerning the subject matter hereof, to induce them to execute this Agreement, and acknowledge that they have not executed this Agreement in reliance upon any promise, representation, or warranty not contained herein. 11. Effective Date: This Agreement shall be effective upon execution. 12. Severability: Each provision of this Agreement shall be interpreted in such a manner as to be valid and enforceable under applicable law, but, if any provision hereof shall be prohibited or invalid under any applicable law, that provision shall be ineffective only to the extent of such prohibition or invalidity, without thereby invalidating the remainder of that provision or any other provisions hereof. 13. Counterparts: This Agreement may be executed in counterparts and so executed shall constitute an agreement binding on all the Parties hereto notwithstanding that all the Parties are not signatories to the original or the same counterpart. THE UNDERSIGNED HEREBY AFFIRMS AND ACKNOWLEDGES that s/he has read the foregoing Agreement; that s/he understands and appreciates the foregoing words and their significance; that s/he is entirely satisfied with the terms contained within this document; and that s/he has affixed his or her signature hereto voluntarily and of his or her own free will and accord. Dated: Ine 2- 2 , 202-1 Dated: J ry �� do G Approved as to form and content: Dated: June 23, 2021 3790012.1 .....: By: Augustine Arifin Owner 14 By: Carl Cahill City Manager Town of Los Altos Hills 's. 4e��- By: Steve Mattas City Attorney