CONTRACT 4316 Settlement Agreement43 16
r" O.,
THIS SETTLEMENT AGREEMENT ("Agreement"') is made and entered into as of this 04a), of
August, 2012 (the "Effective Date'") by and among David and Carle Oulashian (collectively,
"OULASHIANS") and the CITY OF EL SEGUNDO (the "CITY"). The above parties will be referred to
collectively as the "Settling 0 Parties."
A. OULASHIANS together are the sole owners of the single-family property at 910 Eucalyptus
Drive in the City of El Segundo (the "Property"). The Property is zoned for Single-Family Residential (R-
C,
1);
C. After the rear unit was remodeled and City Building Inspectors had visited the Property to process
the building permits, the Oulashians applied for a second address. Planning staff reviewed City records and
determined a building permit had never been issued for a second unit • the Property. Rather, permits were
issued in 1946 for a garage and storeroom for the rear unit, and in 1947 a perm it Was issued for plumbing for
a kitchen and bath in that rear storage area.
D. OULASHIANS incurred losses due to the construction that they incurred in reliance on the
issuance of the building permit and, while the City claims immunity from a damages lawsuit, a dispute exists
between the CITY and the OULASHIANS concerning the liability for damages incurred due to reliance on
the issuance of the building permit (the "Dispute"); and
E. OULASHIANS and the CITY now wish to resolve the Dispute and settle the Action,
b. Within 90 days of the execution of this Agreement, OULASHIANS shall obtain
necessary building permit(s) and complete in compliance with the El Segundo Municipal Code, Title XIII
(Building) and Title XV (Zoning) and in compliance with the building plans submitted and approved by the
CITY, all modifications to the rear unit on the Property to remove the kitchen facilities and bathroom
11p'
61, a J
facilities (except that such structure may contain two sinks and a toilet) as specifically described in Exhibit
B, and permit an inspection by the City of El Segundo to confirm such completion.
a. U oil execution of this
♦
Areement including the Cvenant and Agreement attached as
p 0
Exhibit A, CITY agrees to pay the sum of $51,6 g64.00 to OULASHIANS for reasonable losses incurred due
to the issuance of the building permits referenced above.
b. Upon completion by the OULASHIANS of their Obligations set forth in Section I
above, the City shall issue the letter set forth in Exhibit C.
"A general release does not extend to claims which the creditor does not know
or suspect to exist in his favor at the tinie of executing the release, which if
known by him must have materially affected his settlement with the debtor(J"
M9
2) Waive any and all rights that they may have under the provisions of California Civil
Code § 1542 as well as under any other statute or common law principle of similar effect.
In the event that any waiver of the provisions • Section 1542 of the California Code provided for in this
Agreement shall be Judicially determined to be invalid, voidable or unenforceable, for any reason, Such
waiver to that extent shall be severable from the remaining provisions of this Agreement, and the invalidity,
N
4 3
4 3
11. Entire Agreement
12. Bindinp- Effect.
This Agreement is binding upon and inure to the benefit of the Parties hereto and to their
0
respective employees, agents, heirs, representatives, and related-party successors and related-party
assigns.
13. Severabilily.
4 3 6
1�,�Mm
Each Party warrants, represents. and agrees that this Agreement has been duly approved,
executed, and delivered and constitutes the valid and binding obligation of such Party; and that the
individual executing this Agreement on behalf of such Party has the authority to do so.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of
the Effective Date.
ATTEST:
CITY Of, EL SRS UNDO
By, By:
% R 11 1: R.,
4�;i �' � ,
C C' Manager
-- 4-k(�P'
Approved as to form:
By� 7'�
L E'�
M A H EN' S,
By:
STE V, L"�Z413-I—XN
Legal Cvy( msel for
DAV16AND CARTE OULASI-IIAN
DAVID QJJ, S , IAN
B
D It '-1'1I',AS1JIAN
By�
CARIE OULASHIAN
RECORINNG REQUEST BY
City of El Segundo
Department of Planning & Building Safety
350 Main Street
El Segundo, CA 90245
WHEN RECORDED MAIL TO
Attn: Director of Department of Planning
and Building Safety
350 Main Street
El Segundo, California 90245
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES)
4 3 6
That We, David and Carie Oulashian, husband and wife as Community Property with Right of Survivorship ("Owners") own the
single-family real property described below, and that we are the only persons having any interest in the real property described as
follows:
THE NORTH 60 FEET OF THE SOUTH 167 FEET OF THE WEST 130 FEET OF LOT 6 IN BLOCK 103 OF EL SEGUNDO,
IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 20 PAGES 22 AND 23 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
which property is located and commonly known as 910 Eucalyptus Drive, El Segundo, California ("Property").
The City of El Segundo ("City") requires that the Owners provide this Covenant and Agreement ("Covenant") to restrict the use of
the approximately 455 square foot room attached to the detached garage structure ("accessory building") on the Property as a
detached accessory building in accordance with Government Code § 27281.5 and El Segundo Municipal Code ("ESMC") § 15-
4A-6.J. The approximate 455 square feet of such room is included in the total square footage of the single-family residence on the
Property. Specifically, Owners agree and covenant that they will not rent or use any portion of the accessory building on the
Property as a dwelling unit as defined by ESMC Section 15-1-6 and/or a second dwelling unit as defined by ESMC Section 15-1-6
and that ninety (90) days after this Covenant is executed, the rear unit cannot contain a kitchen or kitchen facilities, and/or
bathroom facilities, except that such structure may contain two sinks and a toilet.
M
This covenant and agreement runs with the land and is binding upon any future owners, heirs or assign's.
Dated this _day 20
(Name)
4!
1 '0 .
4 3 6
STM-13'01" CALIFORNIA
('*01 IINTY 0I" 1,0 AN t. IJ` S
()n Ilds day of' ore me, the undersigned, a Notary Public in and for the
20 bef
said County, duly commissioned, personaHy appeared
(or proved to nie on the basis of satisfactory evidence) to be the person(s) whose narne(s) (is, are)
subscribed to the foregoing instrument, and acknowledge to me that (be, she, they) executed sarne.
WITNESS iny hand and official sent.
Notary Public in and for the Co un
Los Angeles, State of Calih
FOR DEPARTMENT USE ONLY:
111is is to certify dint any interests in real property conveyed to the City by this Covenant are accepted
purquRnt to authority granted by City Council Rew.hpficrp No. 4255. adopted Apffl Z 2007, and the City consents to
recordation.
WMANIMEM
Date:
Title: LLN Manager ROcic,-nm Plm Check No
4 3
I
9 f 0 Eucalyptus 1,,')r
Fl Segundo, CA 90245
To Property Owner
4316.
The rear unit attached to the detached accessory garage siyuctutc t)f'g 1 o
1-,, ' Lcc�jjyjittjs 1)1-iv,e
ha inspected by the Cky off',"I Sec Seca ror compliance with the [.1 Segundo
Mullicipal Code, Tile X111 (Building) and " "tie XV (Zoning) and beci) found to be in
Compliance.
Sincerely,
Director ol'Planning and Budding