ATTACHMENT A
CITATION SETTLEMENT AGREEMENT
THIS CITATION SETTLEMENT AGREEMENT (the "Agreement") is entered into as of 4|8. 2024 (the "Effective Date"), by and among the CITY OF VICTORVILLE, municipal corporation, ("City"), and JANET KWAN ("Defendant") who are collectively referred to as the "Parties", with respect to the following:
RECITALS
WHEREAS, Defendant is the owner of a residential property located at 12946 Los Pinos St., Victorville, California, 92394 ("Property"); and
WHEREAS, Defendant has been issued Citation No. 23357 by the City of Victorville Code Enforcement Division for violating Victorville City Municipal Code Section 13.150.060(c) pertaining to excess cannabis cultivation at the Property; and WHEREAS, the Parties believe that it is in its best interest to settle the Citation pursuant to the terms of this Agreement.
NOW THEREFORE, in consideration of the mutual promises and releases contained herein, and for other good and valuable consideration, receipt of which is hereby acknowledged, the Parties agree as follows:
AGREEMENT
SECTION 1. DEFENDANT'S OBLIGATIONS
Defendant shall take the following steps immediately following the date of execution of this Agreement:
1. As to the Citation, Defendant agrees to pay a fine of $50,820.00 plus $665.48 in abatement costs which are outstanding and owed to the City. The fine
CITATION SETTLEMENT AGREEMENT
1 payment of $50,820.00 plus the abatement costs of $665.48 are due and payable to the City within 30 days of the full execution of this Agreement.
The fine payment shall be in the form of a cashier's check and delivered to the City Clerk of the City.
2. To the extent that the Subject Property is owned by Defendant and not used as her primary residence, Defendant shall obtain and maintain a City of Victorville Business License.
3. Defendant and/or her agents shall not use or allow the Property to be used in manner which violates Victorville Municipal Code Chapter 13.150.060(c).
SECTION 2. REMEDIES FOR FAILURE TO COMPLY
Defendant's failure to comply with Section I of this Agreement shall entitle the City to:
(1) initiate proceedings in Superior Court to enforce this Agreement; (2) to revoke Defendant's Business License; and/or (3) take any other legal remedy available under the law to the City. In the event of any action to enforce this Agreement, the prevailing party is entitled to recover its actual attorneys, fees and costs incurred.
SECTION 3. NOTICE
Any notice or communication required hereunder between City and Defendant shall be in writing and may be given by both regular United States Mail and by certified mail, return-receipt requested. Notice or communications shall be deemed to have been given on the date of mailing.
Any party hereto may at any time, upon written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Notices or communications given directly between the parties shall only be sent to the other party. Notices or communications given by legal counsel shall only be served upon legal
CITATION SETTLEMENT AGREEMENT
counsel for the other party. Such notices or communications shall be given to the parties at their respective addresses set forth below:
To City: Jorge Duran, Code Enforcement Manager
City of Victorville
14343 Civic Drive
PO Box 5001
Victorville, CA 92393-500
To City's Counsel: Joan Stevens Smyth, Deputy City Attorney City of Victorville
30077 Agoura Court, Suite 210
Agoura Hills, CA 91301
To Defendant: Janet Kwant
2823 Idell Street
Los Angeles, CA 90065
SECTION 4. MODIFICATIONS
Neither this Agreement, nor any term or provision thereof, may be waived, modified, or amended except by written agreement signed by all Parties.
SECTION 5. JOINTLY DRAFTED
It is agreed to by and between the Parties that this Agreement was jointly negotiated and jointly drafted by the Parties, and that it shall not be interpreted or construed in favor or against either party on the ground that said party drafted the Agreement. The language of this Agreement shall be construed as a whole according to its fair and logical meaning and not strictly for or against any of the Parties.
SECTION 6. RIGHT TO SEEK INDEPENDENT LEGAL COUNSEL
CITATION SETTLEMENT AGREEMENT
Each Party acknowledges that it has had the right to retain independent legal counsel of its own choice throughout all the negotiations which preceded the execution of this Agreement, and that each Party has executed this Agreement voluntarily and with a full understand of each and every term of the Agreement whether or not with the consent and on the advice of such independent legal counsel.
SECTION 7. SEVERABILITY
If any part of this Agreement is said to be unlawful or not effective, the remainder of this Agreement shall remain in full force and effect.
SECTION 8. COUNTERPARTS
This Agreement may be executed in one or more identical counterparts, each of which shall be deemed to be an original hereof. Signatures via facsimile or otherwise transmitted electronically are authorized and shall be deemed to be an original hereof.
SECTION 9. WAIVER
A waiver of any provision of this Agreement by any of the parties shall not be deemed a waiver of such provision either before or thereafter and shall not be deemed a waiver of any other provision of this Agreement.
SECTION 10. EFFECTIVE DATE
This Agreement shall become effective only upon its execution by each of the persons and entities set forth below and ratification of the City Council of Victorville.
SECTION 11. TIME IS OF THE ESSENCE
CITATION SETTLEMENT AGREEMENT
4 Time is of the essence with respect to any act or performance under this Agreement. [THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK] IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective the day and year first written above.
CITY OF VICTORVILLE DEFENDANT
CITATION SETTLEMENT AGREEMENT
By:
Keith Metzler,
City Manager
APPROVED AS TO FORM
an one steven uge
oan Stevens Smyth, Esc
Deputy City Attorney
ATTEST:
By:
Jennifer Thompson,
City Clerk
CITATION SETTLEMENT AGREEMENT