21-0807_TRUE TEA PARKING LLC (NICCOLA TRUST)_Settlement AgreementSETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN
THE ALLAN AND CLAUDIA NICCOLA TRUST, DATED JUNE 15,1979,
TRUE TEA PARKING LLC,
AND
THE CITY OF SAN JUAN CAPISTRANO
This Settlement Agreement and Mutual Release ("Agreement") dated as of August -U—,
2021, is entered into by and between True Tea Parking LLC, a California Limited Liability
Company, The Allan and Claudia Niccola Trust, Dated June 15, 1979 (Collectively referred to as
the "Niccola Parties") and the City of San Capistrano ("City"). City and the Niccola Parties are
collectively referred to herein as the "Parties".
RECITALS
The Parties enter into this Agreement with reference to the following facts:
A. The City is the owner of certain real property, in the City of San Juan Capistrano, California
as depicted in Exhibit "A" (APN: 121-143-18) ("City Property").
B. True Tea Parking LLC, a California Limited Liability Company is the owner of property
adjacent to the City Property and is located at 31733 Los Rios Street, San Juan Capistrano,
California, (APN: 121-143-16) as depicted in Exhibit "A" ("True Tea Parking Property").
C. The Allan and Claudia Niccola Trust, Dated June 15, 1979 is the owner of property
adjacent to the City Property and is located at 31721 Los Rios Street, San Juan Capistrano,
California, (APN: 121-143-17) as depicted in Exhibit "A" ("Trust Properly").
D. The True Tea Parking Property and the Trust Property are collectively referred to herein as
the "Niccola Properties."
E. A dispute has arisen between the Parties with respect to alleged encroachment by Niccola
Parties on to the City Property (the "Dispute"). To resolve the Dispute, the Parties have
agreed to revise the real property boundary ("Revised Property Lime") through a lot line
adjustment ("Lot Line Adjustment"), recordation of a quitclaim deed ("Quitclaim Deed"),
and construction of a new fence ("New Fence"), among other things, as set forth in this
Agreement.
F. A diagram of the Revised Property Line and location of the New Fence is depicted in
Exhibit "B".
G. The Parties hereby agree to compromise and resolve this Dispute, pursuant to the terms set
forth in this Agreement. In so doing, the Parties have fully and finally resolved the Dispute
through the terms of this Agreement.
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AGREEMENT
In consideration of the mutual promises and mutual covenants and obligations set forth
below the Parties agree as follows:
1. Recitals. The Parties incorporate the above Recitals as if fully restated in the body of this
Agreement
2. Actions to Resolve Dispute. The Parties agree to the following actions as set forth below:
a. Obligations of Niccola Parties.
i. Within twenty (20) days of this Agreement, Niccola Parties shall engage, at
its own cost, the services of such survey, engineering and/or legal
professionals as necessary to process the lot line adjustment (the "Lot Line
Services") through the City of San Juan Capistrano Development Services
Department. The Lot Line Services will include:
a) Sul veying work to memorialize the agreed location of the Revised
Property Line in Exhibit B.
b) Preparation of exhibits and legal descriptions sufficient for the
issuance of a Lot Line Adjustment reflecting the New Revised
Property Line in Exhibit B.
c) Preparation of a exhibits, legal description and the Quitclaim Deed
from the City to the Niccola Parties in a form satisfactory to the
Parties.
ii. Upon completion of the Lot Line Services, file an application for a Lot Line
Adjustment along with a check to the "City of San Juan Capistrano" in the
amount of $1,937.80, and provide a draft Quitclaim Deed to the City.
iii. To provide the City with temporary (30 day) access license to the Niccola
Properties for the City's construction of the New Fence at the Revised
Property Line.
iv. To cooperate in the execution of all documents necessary to effectuate this
Agreement.
v. To bear its own other administrative and legal costs associated with this
Agreement.
b. Obligations of City
i. To, without delay, process the Lot Line Adjustment application and
Quitclaim Deed filed with the City by Niccola Parties.
ii. To execute and record the Quitclaim Deed within ten (10) days of City
approval of the Quitclaim Deed.
iii. To complete construction of the New Fence on the Revised Property Line
as shown in Exhibit B within one hundred eighty (180) days of recordation
of the Quitclaim Deed.
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iv. To keep intact the existing fence (which protects the Niccola Properties
from intruders), until the New Fence is completed and functioning.
v. To cooperate in the execution of all documents necessary to effectuate this
Agreement.
vi. To bear its own other administrative and legal costs associated with this
Agreement.
3. Settlement. Upon signing this Agreement, and excepting the obligations of this
Agreement, the Parties, on behalf of themselves, their partners, directors, managers,
officers, employees, agents and attorneys hereby release and discharge one another, along
with the other's officials, officers, employees, agents, attorneys, successors or assigns,
from any and all suits, causes of action, demands, claims, charges, complaints, obligations,
liabilities, costs, losses, damages, injuries, rights, judgments, attorneys' fees, expenses and
all other legal responsibilities in any form whatsoever in law or in equity, whether known
or unknown, and whether suspected or unsuspected including, but, not limited to, those
arising from or related to claims that are or could have been stated with regard to the
Dispute.
4. Unknown Claims. It is the intention of the Parties hereto in executing this Agreement that
it shall be effective as a full and final accord and satisfactory release of each and every
matter specifically referred to herein. In furtherance of this intention, each Party
acknowledges that he, she, or it is fami liar with Section 1542 of the Civil Code of the State
of California, which provides 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 DEB'T'OR OR RELEASED PARTY.
As to any and all claims released by this Agreement, the Parties waive and relinquish any
rights and benefits they may have under Section 1542 of the Civil Code of the State of
California to the full extent that they may lawfully waive all such rights and benefits. The
Parties acknowledge that they are aware that they may hereafter discover facts in addition
to or different from those which they now know or believe to be true with respect to the
subject matter of this Agreement, but it is their intention to hereby settle and release, fully
and finally, any and all matters, disputes, and differences, known and unknown, suspected
and unsuspected, which do now exist, may exist or heretofore have existed that relate to
the Dispute or that arise out of, or are related to, the allegations and claims sought or arising
out of the Dispute. In furtherance of this intention, the release herein given shall be and
remain in effect as a full and complete release notwithstanding discovery or the existence
of any such additional or different facts.
INITIALS: Parties)
Parties)
(City)
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Acknowledgment. The Parties acknowledge that they have read this Agreement and that
they have had, to the level desired, the Agreement explained to them by legal counsel or
the advocate of their choice; that they are aware of the content and the legal effect of this
Agreement; that they are acting on their own behalf and in their own capacities; and that
they are not relying on any inducements, promises, or representation made by any Party,
or any of the employees, agents, or representatives of any other Party, as expressly set forth
herein. Each Party to this Agreement acknowledges and warrants that the Party's execution
of this Agreement is flee and voluntary.
6. Consideration. The consideration for this Agreement is agreed to be sufficient, by and
between the Parties.
7. No Admission of Liability. This Agreement does not constitute an admission of liability or
wrongdoing by any Party for any purpose related to the proposal for a new property line
on the properties in question.
8. Covenant Regarding Assignment, The Parties represent and warrant that they are the sole
and lawful owner of all right, title, and interest of the respective properties involved in this
dispute, and to every claim on the matter Parties purport to release herein. Parties further
represent and warrant that they have not heretofore assigned or transferred, or purported to
assign or transfer, to any person, firm, association or other entity, any right, title or interest
in an such claim on this matter.
9. Covenant Regarding Authorx_ty to Sind Parties. Each Party executing this Agreement
represents and warrants to the other Party that the individual executing this Agreement has
the power and authority to execute and bind the Party to the terms and conditions of this
Agreement.
10. Exhibits. The exhibits attached to this Agreement are hereby incorporated as though fully
set forth herein.
11. Entire Agreement. This Agreement sets forth the entire Agreement and understanding of
the Parties hereto with respect to the transactions and compromises contemplated hereby
and supersedes all prior agreements, arrangements, and understandings related to the
current property line in dispute.
12. Construction. This Agreement has been negotiated by the Parties prior to the
commencement of the Agreement. The language of all parts of this Agreement shall, in all
cases, be construed as a whole, according to its fair meaning, and not strictly or against
either Party. All rules of construction that a document is to be construed against the
drafting Party shall not be applicable to this Agreement.
13. Severability Clause. If any section, provision or part of this Agreement is declared by a
court of competent jurisdiction to be invalid, illegal, unconstitutional or unenforceable,
such portion shall be deemed severed from this Agreement and the remaining parts shall
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remain in full force as if no invalid or unenforceable provision had been part of this
Agreement.
14. Survivability of Covenants. All representations and agreements set forth in this Agreement
shall be deemed continuing and shall survive the execution date of this Agreement. Upon
the completion of the expansion of the Los Ramos public parking lot and the adjustment
of the current property line to the proposed property line, Parties will retain all rights
associated with the use of their respective real property with respect to the Revised Property
Lines.
15. Covenant to Take Further Actions Necess . The Parties hereby agree to execute such
other documents and to take such other action as may be reasonably necessary to further
the purpose of this Agreement, with the Parties to bear their own costs and attorney's fees
for these additional actions.
16. Prohibition Aizainst Third-PBeneficiaries. Except for the rights of beneficiaries
pursuant to the releases provided, there are no third -parry beneficiaries to this Agreement,
and nothing herein shall confer any enforceable rights on non -signatory persons or entities.
17. Counts arts and Electronic Sinatures. This Agreement may be executed in several
counterparts, and it shall not be necessary for each Party to execute each counterpart. When
all of the Parties have executed and delivered each counterpart, the counterparts, when
taken together, shall be deemed to constitute one and the same counterpart, enforceable
against each Party in accordance with its terms. The parties further agree that this
Agreement may be executed by electronic signatures, and each signature shall be deemed
originals.
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IN WITNESS WHEREOF, the Parties hereto have executed this agreement, as of the date
first written hereinabove.
True Tea Parking LLC, a California
Limited Liability Company
By: i" L l v
Its: AQ & 03 61 +r
t? - ��2
Allan A. Niccola
Dated: /9 1-10 L/ -s � / - , 2021
I
The Allan and Claudia Niccola Trust,
Dated June 15, 1979
"CITY"
City of San Juan Capistrano
Ben Siegel
City Manager
Dated: August 18
'2021
ATTEST.
+
I
Maria Morris
City Clerk
APPROVED AS TO LEGAL FORM:
BEST BEST & KRIEGER LLP
By:
Its: i Tr
Jeffrey S. Ballinger
City Attorney
Dated: �J �� _�% _, 2021
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EXHIBIT "B"
PROPOSED REAL PROPERTY LINE MODIFICATIONS
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