Typed Memorandum of Understanding

Timothy Prince et al, Plaintiffs                                     Case # GINO54132

                   v.

Rancho Heights Road Maintenance                               Memorandum Of

Committee, et. al., Defendants                                Understanding (MOU)

 

It is Agreed:

1.The Committee shall publish and distribute by mail the Committee’s current policies and procedures no later than 90 days before the 2007 Annual Meeting. 

2.Plaintiffs may provide to the Committee, no later than 60 days prior to the 2007 Annual Meeting, their prepared amendments to the Road Maintenance Agreement (“the Agreement”), along with sufficient stamped envelopes to allow mailing to all land owners subject to the Agreement.  The proposals shall relate solely to proposed amendments to the Agreement and shall not contain any derogatory, unlawful or defamatory material.  The Committee will circulate the materials submitted by Plaintiffs to all land owners subject to the Agreement.  Any response to Plaintiffs proposal by any person, or by the Committee, shall similarly contain no derogatory, unlawful or defamatory material. 

3.Either side may request a re-count of the votes cast in which event the recount will be undertaken by two attorneys, one picked and paid by each side. 

4.The Committee acknowledges that the parcels of land fronting on Sunset Peak Road and described in the original Road Maintenance Agreement, are covered by the Road Maintenance Agreement. 

5.The Action shall be dismissed in its entirety with prejudice. 

6.The parties agree to a Civil Code # 1542 waiver.

7.The parties agree that this action has been settled to everyone’s mutual satisfaction. 

8.The parties contemplate drafting a 2nd execution of a formal Settlement Agreement which shall contain standard and customary provisions. 

9.All parties shall bear their Attorney’s fees and costs.

10.Notwithstanding the formal Settlement Agreement described in paragraph 8 above, this MOU is intended to be and shall be binding, enforceable and admissible and may be enforced pursuant to CCP #664.6. 

 

Dated: April 9, 2007

Approved:  David Graves

Attorney for Plaintiffs

Ernest Sloame

 

Attorney for Defendants

Signed by Plaintiffs Timothy Prince, Everett Dunnick and David Graves (for Barbara Gill)

Signed by Defendants Stephen Bochinski, Beverly Romans and Phil Burke; and by Kirk Ebmeier representing the RHRMC.