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CONTRACT 3498 Settlement AgreementWhen Recorded Mail to: City Clerk City of El Segundo 350 Mail Street City of El Segundo, California 90245 SETTLEMENT AGREEMENT 1. PARTIES r, 49 04 0035572 This Settlement Agreement ( "Agreement ") is made and executed as of July ,;'a, 2005, by and between Michael and Elayne Doucette (collectively "Doucette ") and the City of El Segundo ( "CITY "). 2. RECITALS 2.1 Michael and Elayne Doucette are husband and wife and own, in joint tenancy, the property described on exhibit A and commonly known as 510 Arena Street, El Segundo, California ( "Property "); 2.2 On or about June 28, 2004 the City issued a building permit to Doucette for construction of a second residential unit in rear yard portion of the Property ( "Permit "). At the time the permit was issued, there was already a dwelling unit located on the Property which was constructed pursuant to a building permit issued by the City in or about June 1947. 2.3 The City contends the Permit is invalid as it purports to allow the construction of a second dwelling unit on the Property and that the El Segundo Municipal Code ( "ESMC") does not allow a second dwelling unit to be constructed on the Property. Additionally, El Segundo contends that the Permit is not valid as it did not require a sufficient number of parking spaces to be constructed on the Property as required by the ESMC. Doucette contends the Permit is valid and that Doucette has a legal right to construct the second dwelling unit on the Property and that if the construction is completed pursuant to the Permit the Property will comply the ESMC parking requirements. Doucette further contends that Doucette will be damaged if the Permit is determined to be invalid or Doucette is otherwise unable to complete LA 4122891 vi -1- 0: 0035572 3498 6.4 Continuing Benefit: This AGREEMENT is binding upon and shall inure to the benefit of the parties hereto, their respective successors, assigns, agents, employees, representatives, officers, and officials. 6.5 Joint Drafting: Each party has cooperated in the drafting and preparation of this AGREEMENT. Hence, in any construction to be made of this AGREEMENT, the same shall not be construed against any party. 6.6 Severability: In the event that any term, covenant, condition, provision or Agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or Agreement shall in no way affect any other term, covenant, condition, provision or Agreement and the remainder of this AGREEMENT shall still be in full force and effect. 6.7 Titles: The titles included in this AGREEMENT are for reference only and are not part of the terms of this AGREEMENT, nor do they in any way modify the terms of this AGREEMENT. 6.8 Counterparts: This AGREEMENT may be executed in counterparts, and by facsimile and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties. 6.9 Executed Copy: All parties shall receive a fully executed copy of this AGREEMENT. 6.10 Notice: Any and all notices given to any party under this AGREEMENT shall be given as provided in this paragraph. All notices given to either party shall be made by certified or registered United States mail, or personal delivery, at the noticing party's discretion, and addressed to the parties as set forth below. Notices shall be deemed, for all purposes, to have been given on the date of personal service or three (3) consecutive calendar days following deposit of the same in the United States mail. As to DOUCETTE: Michael Doucette 510 Arena Street El Segundo, California 90245 As to the CITY: Attn: City Clerk City of El Segundo 250 Main Street El Segundo, California 90245 LA #122891 v1 -5- C. ' 0 5572 WHEREFORE, the parties hereto have read all of the foregoing, understand the same, and agree to all of the provisions contained herein. DATED: 10'26 -06 CITY OF EL SEGUNDO DATED: %0 -N DOUCETTE By: vf yvv C, Michael Doucette Doucette Elayne APPROVED AS TO FORM: — ---i --'t� *-- By: Mark D. Hensley, City Attorney LA # 122891 v 1 -6- 07' 0035572 Attest: Cindy Mortesen, City Clerk 02416- doc.doc /sjm LA # 122891 v -7- t� 0! 0035572 EXHIBIT A Lot 20 of Tract No. 2540, in the City of El Segundo, County of Los Angeles, State of California, as per map recorded in book 25, page 30 of Maps in the office of the County Recorder of said county. 01 0035572 October 26, 2006 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) On October 26, 2006, before me, Cathy Domann, Deputy City Clerk, personally appeared Kelly McDowell, Mayor of the City of El Segundo, personally known to me to be the person whose name is subscribed to on the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or entity upon behalf of which the persons acted, executed the instrument. Witness my hand and Official Seal OVA _ Gtwv -/ Cathy Domann, Deputy City Clerk fff fffst ✓, 1' O 60'55' CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of LOS hnge_AQ5 I ss On l� t 2006 before me, 1-1 nda Da , V e v v Ttle of ORicer (e.g., "Ja oe, Notary Public ") personally appeared (C"V `\ c,J� U QC Names) of Signer(s) UNDA CATHY DOMANN r CommWon * 1517879 Nolory h9ok - CaMOMIa La A gma County ❑ personally known to me J'proved to me on the basis of satisfactory evidence to be the person(l&) whose name(a) is /aoe- subscribed to the within instrument and acknowledged to me that heigl%�y executed the same in his /4@fA+oek authorized capacity(ies), and that by his /her/tIrMir signatureo on the instrument the persorf(s), or the entity upon behalf of which the person('sr acted, executed the instrument. WtTN SS -m hand and official seal. Signature of NotaUublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 9 1999 National Notary Association • 9350 be Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1 -800- 876 -6827 Ajk,vt o, 01i 003551-4 4 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California Q,�� County of L 05 / 1� � �A ss. 'e �'�5 �0 — I 1 -0 � before me, Lt rti c�u. On Date 10 %J �Nnd� of Officer (e.g., "Jane Doe, N Public ") personally appeared L Name(s) of Signer(s) UNDA CATHY DOMANN _ Commission # 1517879 -r Notary Public - California Los Angeles County My Comm. Expires Oct 4. 2 ❑ personally known to me Wroved to me on the basis of satisfactory evidence to be the persons)- whose name(s) is /are subscribed to the within instrument and acknowledged to me that -he /she /tWy executed the same in .mss /her /theif— authorized capacity(iee), and that by -k;is /her /theix signature(ston the instrument the perso*), or the entity upon behalf of which the personal acted, executed the instrument. WITN56S my harA and official seal. If)"Wv Signature of o ry Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 1999 National Notary Association • 9350 De Soto Ave., P.O. Boa 2402 • Chatsworth, CA 91313 -2402 • www.nationainotary.org Prod. No. 5907 neoroer: can ioirrree row- oro -o... o+ar,:l Pvvat%Q- If