A Stipulated Agreement

Stipulated Agreement

between

Theresa A Brassey and Lynda S Allen, defendants

and

Richard W Behling, plaintiff

regarding

the unlawful use of 810 Fishback Street, Manteca, CA

Ms. Allen stated during the public Manteca City Council Meeting of March 3, 2009, “I only have a couple years left in my business.”

With this agreement, property owners relinquish all nonresidential uses of the property on or before two years from date of agreement. In the event any conveyance of the property, or change in control thereof, or inheritance, before two years expires, then relinquishment of all nonresidential uses becomes effective one day prior to any such event.

Within one month of agreement date.

Property owners move the icemaker, all components, to the south side of the property and enclose it in a sound containing structure. The structure is to be issued a permit by the City of Manteca, properly engineered for its special purpose, constructed by a competent, licensed contractor, and certified that its performance (sound containment) is as advertised.

Within three months of agreement date.

Property owners remove all equipment and structures within fourteen feet south of the north property line, excepting only the steel garden shed.

Within one year of agreement date.

Propety owners dispose of all former business equipment no longer actively used.

Within two years of agreement date.

Property owners discontinue all business operations on the property, including the parking of business vehicles, and dispose of all remaining business equipment and structures, including the mobile home.

For five years from agreement date.

All future structures accessory to residential use proposed for the fourteen feet south of the north property line will require a City of Manteca building permit.

No future equipment accessory to residential use stored or placed within that same fourteen feet south of the north property line will be powered or emit noise while unattended.