Attachment A
Citation Settlement
Agreement
Citation Settlement Agreement Page 1
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 JIACHEN LI (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 15439 Tawney Ridge Lane, Victorville, California, 92394 (hereinafter the “Property”); and
WHEREAS, Defendant is the person in full charge and control of the Property; and
WHEREAS, Defendant has been issued Citation N o. 41037 (hereinafter the “Citation”) 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 as well as ongoing property maintenance violations including C ODE25- 01528; and
WHEREAS, Defendant has incurred total administrative fines and penalties in the amount of Sixty -Two Thousand Dollars ($62,000.00) ( hereinafter the “ Citation Fine Amounts”) as well as cost recovery fees in the sum of Eight Thousand Three Hundred and Three Dollars and Fifteen Cents ($8,303.15) (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:
AGREEMENT
SECTION 1. 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 and Cost Recovery Fees the amount of Thirty-One Thousand Eight Hundred Dollars ($31,800.00) (the “Settlement Amount”), to be paid in accordance with the following
Citation Settlement Agreement Page 2
hereinafter “Payment Plan”:
September 1, 2025 $5,300.00
October 1, 2025 $5,300.00
November 1, 2025 $5,300.00
December 1, 2025 $5,300.00
January 1, 2026 $5,300.00
February 1, 2026 $5,300.00
• Defendant shall comply with all requirements in the Notice of Violation issued by the City of Victorville Code Enforcement Division, Case No. CODE 25- 01528.
• Defendant shall repair the Property under a City Building permit including certifying that the property/structure is free of any mold or pesticides generated and used to support the cannabis cultivation.
• If the Defendant intends to rent the Property , Defendant shall submit an application for a City of Victorville Rental Business License with the City’s Business License division within 45 days after execution of this A greement. The City of Victorville Rental Business License shall remain current and active when renting/leasing this investment Property.
• Defendant agrees to surrender an issued City Business license forthwith if the rental business/ property is used to grow cannabis exceeding the state allowable limit.
• The Defendant and his 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 all payments in accordance with the Payment Plan above, 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.
SECTION 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; (2) and/or 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 available under law or equity to the City. In any action to enforce the terms of this Agreement, the prevailing Party will be entitled to its attorneys’ fees and costs incurred.
Citation Settlement Agreement Page 3
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 direc tly between the Parties shall only be sent to the other P arty. 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
To City’s Counsel: Robert V. Lyle, Deputy City Attorney City of Victorville
30077 Agoura Court, Suite 210
Agoura Hills, California 91301
Defendant: Jiachen Li
15439 Tawney Ridge Lane
Victorville, California 92394
SECTION 5. 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 6. 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.
Citation Settlement Agreement Page 4
SECTION 7. RIGHT TO SEEK INDEPENDENT LEGAL COUNSEL
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.
SECTION 8. SEVERABILITY
If 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.
SECTION 9. 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 original signatures. The original “wet” signatures shall be sent to the City Attorney’s office for execution of the Settlement Agreement by the City.
SECTION 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.
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.
[END OF THIS PAGE-SIGNATURE PAGE FOLLOWS]
Citation Settlement Agreement Page 5
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective the day and year first written above.
CITY OF VICTORVILLE
By: ____________________________
Keith C. Metzler
City Manager
Date:__________________________
APPROVED AS TO FORM:
By: ____________________________
Robert V. Lyle
Deputy City Attorney
ATTEST:
By: ____________________________
Jennifer Thompson
City Clerk
DEFENDANT
By:____________________________
Jiachen Li
Defendant
Date:__________________________