Attachment A
Citation Settlement
Agreement
CITATION SETTLEMENT AGREEMENT
THIS CITATION SETTLEMENT AGREEMENT (the "Agreement") dated for reference purposes only, is entered by and between the CITY OF VICTORVILLE, a California municipal corporation and charter city (hereinafter "City"), and CHU FAN TAN (hereinafter "Defendant"). City and Defendant are at times collectively referred to hereinafter as the "Parties" and individually as a "Party").
RECITALS
WHEREAS, Defendant is the owner of a residential property located at 12445 Los Moras Lane, Victorville, California, 92395 (hereinafter the "Property"); and WHEREAS, Defendant is the person in full charge and control of the Property; and WHEREAS, Defendant has been issued Citation No. 22842 (hereinafter the "Citation") by the City of Victorville Code Enforcement Division, for violating Victorville Municipal Code Section 13.150.060(c) pertaining to excess cannabis cultivation at the Property as well as ongoing property maintenance violations; and WHEREAS, Defendant has incurred total administrative fines and penalties in the amount of Two Hundred and Thirty-Five Thousand Eight Hundred Dollars ($235,800.00) (hereinafter the "Citation Fine Amounts") as well as cost recovery fees in the sum of Eight Hundred and Twenty-Nine Dollars and Thirteen Cents ($829.'13) (hereinafter the "Cost Recovery Fees"); and
WHEREAS, the Parties believe that it is in their best interest to settle the Citation, the Citation Fine Amounts, and the Cost Recovery Fees in the manner set forth in this Agreement; and
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:
SECTION 1.
AGREEMENT
DEFENDANT'S OBLIGATIONS
1.1 Defendant agrees to and shall take the following steps immediately following the date of execution of this Agreement:
. Defendant shall pay as total settlement of the Citation Fine Amounts the sum of Ninety Thousand Four Hundred and Twenty Dollars ($90,420.00) (the "Settlement Amount") within fifteen (15)days of the full execution of this Agreement.
Citatian Settlemon[ Agreement Page 1
. Defendant shall pay the Cost Recovery Fees in the full amount of Eight Hundred and Twenty-Nine Dollars and Thirteen Cents ($829.13) within fifteen ('15) days of the full execution of this Agreement.
. Defendant shall comply with all requirements in the Notice of Violation, issued by the City of Victorville Code Enforcement Division, Case No. CODE20- 00444, dated February 28,2020.
. The Defendant and his/her/its agents shall not use or allow the Property to be used in a manner which violates Victorville Municipal Code Section 13.150.060(c).
SECTION 2. CITY'S OBLIGATIONS
The City, upon receipt and clearance of the payment of the Settlement Amount, the Cost Recovery Fees, and the full rehabilitation of the Property with a final inspection and approval by the City, shall execute all documents necessary to release the Notice of Pendency recorded against the Property.
sEcTtoN 3. REMEDIES FOR FAILURE TO COMPLY
Defendant's failure to comply with Section 1 of this Agreement shall entitle the City to: (1) initiate proceedings in Superior Court to enforce this Agreement; andior (2) at the City's option, initiate proceedings in the Superior Court to recover the full Citation Fine Amounts; and/or (3) to revoke Defendant's Business License; and/or (4) take any other legal remedy avajlable under law or equity to the City. ln any action to enforce the terms of this Agreement, the prevailing Party will be entitled to its attorneys' fees and costs incurred.
SECTION 4. 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 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
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Neither this Agreement, nor any term or provision thereof, may be waived, modified, or amended except by written agreement signed by all Parties.
SECTION 6, JOINTLY DRAFTED
It is agreed to by and between the Parties that this Agreement was jointly negotiaterJ and iointly drafted by the Parlies, and that it shall not be interpreted or conslrued rn favor or against either Party on the ground that said Party drafted the Agreement. The languagc 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 7. RIGHT TO SEEK INDEPENDEhIT LEGAL COUNSEL
To C ty's Cou nsel:
Defendant:
SECTION 5.
SECTION 8. SEVERABILITY
Robert Lyle, Deputy City Attorney
City of Victorville
30077 Agoura Court, Suite 2'10
Agoura Hills, California 91301
Chu Fan Tan
12245 Los Moras Lane
Victorville CA 92392
MODIFICATIONS
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 understanding of each and every term of the Agreement whether or not with the consent and on the advice of such independent legal counsel. lf any part of this Agreement is found by a court of competent jurisdiction to be unlawful or not effective, the remainder of this Agreement shall remain in full force and effect.
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 original signatures- SECTION 9. COUNTERPARTS
sEcTtoN 10. 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.
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SECTION 11. EFFECTIVE DATE
This Agreement shall become effective only following ratification by the City Council of Victorville and execution by each of the persons and entities set forth on the signature page, provided the City of Victorville signs last. The date the Mayor or the City Manager executes this Agreement shall be the effective date.
SECTION 12. TIME IS OF THE ESSENCE
Time is of the essence with respect to any act or performance under this Agreement. lN WITNESS WHEREOF, the Parties hereto have executed th s Agreement effective the day and year first written above.
CITY OF VICTORVILLE
By:
DEFENDANT
Bv: AAtq'chuFa-
Defendant
,n, (tfrtfwts
-
Keith C. Metzler
City Manager
Date:
APPROVED AS TO FORM:
Robert V. Lyle
Deputy City Attorney
ATTEST:
By:
By:
Jennifer Thompson
City Clerk
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