HomeMy WebLinkAboutContracts & Agreements_3-2014_CCv0001.pdf SETTLE TNT AND RELEASE AGRF-F-,'*tE8T
This Settlement and Release Agreement ("Agreemenf) is entered into by and between
the City of Redlands ("City"), on the one hand, and Chera Harminder CHarmindee), on the
other hand, who agree as set forth below. The City and Harminder may hereinafter be
individually referred to as a"Party"and,together as the"Parties."
1. Recital, This Agreement is made with reference to the following recitals:
1.1 Harminder owns certain real property located at 1323 Colton Avenue,
#201, Redlands, California 92374, and leased said property to Redlands Alternative Care
("Property").
1.2 Redlands Alternative Care allegedly operated a marijuana distribution
facility at the Property.
1.3 The marijuana distribution facility's alleged activities included, but were
not limited to, unlawfully selling, serving, storing, keeping, manufacturing, or giving away
controlled substances,in violation of local,state and federal law.
1.4 The City instituted a civil action against Redlands Alternative Care, as
well as Harminder, in San Bernardino County Superior Court, Case No. CIVDS1306014
("Lawsuit").
1.5 The City was granted a preliminary injunction on July 11, 2013, but
Redlands Alternative Care allegedly continued to operate a marijuana distribution facility on the
Property.
1.6 Harminder successfully filed and obtained judgment in an unlawful
detainer action, in San Bernardino County Superior Court, Case No. UDFS 1302913, against
Redlands Alternative Care,who vacated the Property as of October 7,2013.
1.7 The City filed paperwork for a special assessment lien in the amount of
$91,500.43 against Harminder, related to the Property, with the San Bernardino County Tax
Assessor's Office( Special Assessment").
1.8 Without admitting liability, and solely for the purpose of resolving their
dispute,the Parties agree to settle their dispute and the Lawsuit on the terms set forth therein.
2. Terms Of-Stulement-
The City agrees to accept the sum of Fourteen Thousand Dollars ($14,000.00) (the
-Settlement Sum") from Harminder in order to resolve the claims related to the Lawsuit. The
above stated Settlement Sum shall be paid by Harminder via check payable to the City of
Redlands. The Settlement Sum shall be paid by Harminder,to the City, no later than February 7,
2014.
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Upon receipt and negotiation of the Settlement Sum, the City will process the requisite
paperwork with the County of San Bernardino's Tax Collector/Assessor's office to cause the
removal of the Special Assessment, which represents delinquent fines associated with the
citations issued to Harminder for Redlands Alternative Care's use on the Property.
Upon payment and negotiation of the Settlement Sum, the City will file the appropriate
request for dismissal of the entire action.
3. Release of-Claims.
Except for the obligations set forth in, created by, arising out of or reserved by this
Agreement, the Parties, for themselves, and for all of their heirs, executors, administrators,
successors and assigns, fully and forever release, discharge and dismiss any and allpresent and
future claims, demands, actions; causes of action, rights, damages, costs, expenses and
compensations whatsoever, in law or in equity, in the nature of an administrative proceeding or
otherwise (known, unknown, contingent, accrued, inchoate or otherwise), that they have, have
had or may have,now or in the future, against one another, arising out of or relating in any way
to the Lawsuit
4. Waiver of Statutory Right-.
Expect for the obligations set forth in, created by, arising out of or reserved by this
Agreement,the Parties hereby acknowledge that they are familiar with California Civil Code §
1542,which provides as follows:
A general release does not extend to claims which the creditor
does not know or suspect to exist in his or her favor at the
time of executing the release, which it known by him or her
must have materially affected his or her settlement with the
debtor.
Except as provided for under the terms of this Agreement, the Parties waive and
relinquish any and all rights and benefits which they may have under, or which may be conferred
upon them by,the provisions of§ 1542 of the California Civil Code and/or by any similar law of
any state or territory of the United States, to the fullest extent that they may lawfully waive such
rights or benefits pertaining to the subject matter of this Agreement. In connection with such
waiver and relinquishment, the Parties acknowledge that they are aware that they or their
attorneys may hereafter discover claims or facts in addition to or different from those which each
of them now knows or believes to exist with respect to the subject matter of,or any Part to, this
Agreement, but that it is the intention of the Parties to hereby fully, finally and forever waive
said claims,whether known or unknown, suspected or unsuspected, which concern, arise Out Of,
or are in any way connected with the Lawsuit.
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5. _Representation and Warranties.
5.1 Except as otherwise set forth in this Agreement,each of the Parties hereby
represents and wan-ants that it has not previously assigned or transferred in any manner, or
purported to have assigned or transferred in any manner, any of the claims described or set forth
in Paragraph 3,above,entitled"Release of Claims."
5.2 Except as otherwise set forth in this Agreement,each of the Parties hereby
represents and warrants that the person executing this Agreement on its behalf is duty authorized
to do so, and that he/she is authorized to bind the Party to the terms set forth herein. The Parties
ftuther warrant that they are the sole owners of the claims set forth in paragraph 3, above,
entitled"Release of Claims."
6. _Admission of Liability. Nothing in this Agreement shall be construed as an
admission of liability by any of the Parties to this Agreement.
7, qqygMjftjLaw. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of California.
8. Further Assurances. Each Party to this Agreement shall execute all instruments
and documents and take all actions as may be reasonably required to effectuate this Agreement.
9. yeuue and Jurisdiction. The Parties stipulate and agree that the sole and
exclusive venue for the litigation of any dispute under this Agreement shall be in the Superior of
the State of California in the County of San Bernardino.
10. Time of Essence. Time is of the essence with respect to each provision of this
Agreement.
11. Attorneys' Fees. If either Party shall bring an action or proceeding against the
other party to enforce any of the terms of this Agreement the prevailing Party shall be entitled to
an award of reasonable attorney's fees and costs.
12. Modification. This Agreement may be modified only by a contract in writing
executed by a Party to this Agreement against whom enforcement of such modification is sought.
13. Prior Understan This Agreement contains the entire agreement between
the Parties with respect to the subject matter of this Agreement, is intended as a final expression
of such Parties' agreement with respect to such to as are included in this Agreement, is
intended as a complete and exclusive statement of the terms of such Agreement,and supersedes
all negotiations, stipulations, understandings, agreements, representations and warranties, if any,
with respect to such subject matter, which precede or accompany the execution of this
Agreement.
14. lntennrctation. Whenever the context so requires in this Agreement, all words
used in the singular shall be construed to have been used in the plural (and vice versa), each
1794100MA536373A
be construed 10 include any other genders.and the word-'person"shall be consmied
gender shall y
to include a rAWMI person. a corporation, a firm, a joint venture, a trust, an estate,or an other
entity.
13. tartW Invalidity. Each provision of this Agreement shall be valid and
enforceable to the West extent permitted by law. If any provision of this Agreement or the
application of such provision to any person or circumstance is, to any extent, deemed to be
invalid or unenforceable,the remainder of this Agreement,or the application of such provision to
persons or circumstances other than those as to which it is held invalid or unenforceable, shall
not be affected by such invalidity or unenforceability, unless such provision or such application
of such provision is essential to this Agreement
16. Successors-in-Interest and Aevion"t- Except as otherwise set forth in this
Agreement, the Parties, and each of them, shall not assign or delegate to any other person this
Agreement or any rights or obligations under this Agreement. Subject to any restriction on the
transferability contained in this Agreement,this Agreement shall be binding upon and shall inure
to the benefit of the successors-in-interest and assigns of the Parties, and each of them Nothing
in this paragraph shall create any rights enforceable by any person other than the Parties,except
for the rights of the successor-in-in erest and assigns of the Parties. unless such rights are
expressly granted in this Agreement to other specifically identified personsy
17. Cannterpsrts. This Agreement inky be executed in one or more counterparts,
each of which sJWI be deemed an original. All counterparts so executed shall constitute one
Agreement binding all the Parties. A photocopy or fax reproduction of an original copy of the
Agreement shall be of the same binding effect as the original.
Ins had the
19. leo lndutceuuesut cur '�t}raftin� Party". Each of the Parties
obtained legal counsel
opportunity to. and hath of the es agrees and
concerning thec merut not herein expressed has been made to
represents that no at between the
effectuate this Agrecinenti Is
Agreement represents the entire Patti es. Each of the Parties' respective legal counsel have reviewed and approved this
Agreement The rule of construction that any ambiguities we to be resolved against the draffing
party shall not be employed in the interpretation of this Agreement.
Dated:4-14-1 2014 -8y----CI4 �HM�INDE�R ��
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0N41W-M45W73,1
Dated: AtjyAay I 2014 CITY OF REDLANDS
By.
PETE AG ILAR
MAYOR
Attest:
Dated. Poigoy I-
2014 14 By:
SAM IRWIN
CITY CLERK.
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