Loading...
HomeMy WebLinkAboutSunshine Motel Inn, LLC - Settlement and Release Agreement SETTLEMENT AND RELEASE AGREEMENT This Settlement and Release Agreement (hereafter the "Agreement ") is entered into by and between the CITY OF YAKIMA (hereafter the "City ") and RAJIV SAUSON, individually, and SUNSHINE MOTEL INN, LLC, a Washington Corporation (collectively referred to as "Defendants "). WHEREAS, on or about July 8, 2014, the City of Yakima commenced a civil action against Defendants in Yakima County Superior Court Case Number 14 -2- 02313 -4 (hereafter the "Civil Action "), seeking to obtain a declaratory judgment and order of abatement and costs against Defendants for improperly maintaining a chronic nuisance property for nuisance activities occurring on October 6, November 20 and November 24 of 2013 (hereafter the "Incidents "); and WHEREAS, the Parties desire to clarify and resolve any disputes that exist between them, and to define any continuing obligations between them following execution of this Agreement; and WHEREAS, the Parties therefore have agreed to settle and resolve all issues and all claims and defenses asserted in the Civil Action, and enter into this Agreement to fully and finally resolve and settle all claims made in the Civil Action and otherwise. The Civil Action will only be dismissed as part of this Agreement when all of its terms and conditions are completed and pursuant to Section 4; and NOW, THEREFORE, in consideration of the mutual promises and covenants contained below, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the Parties to this Agreement, the Parties agree as follows: 1. Abatement of chronic nuisance on premises. Defendants agree to the following abatement plan: a. Within one week of this agreement, Defendants will maintain and continue to maintain a current roster or other written record of individuals authorized to be a resident and present within and upon motel premises. Such written record shall include, at a minimum, the name, permanent address, and a copy of photo identification depicting the face of the authorized resident. For the sole purpose of verifying compliance, such roster shall be made available to Yakima Police Department officers upon request. Such written record shall be maintained for at least one year. b. Within one week of this agreement, Defendants shall operate and maintain continuously recording video monitoring of interior hallways and common areas, and of the exterior of the motel facilities including parking lots and entries into motel buildings. To ensure that the video monitoring system is continually operational, Defendant Sunshine Motel shall make reasonable efforts to repair or replace system components that require repair or replacement as soon as possible. Defendants shall retain recorded video for at least 60 days and shall provide copies of such recorded video to the Yakima Police Department upon request. c. Within 24 hours of this agreement, Defendants shall compile and maintain a Trespass List containing the names of persons who have previously been trespassed from motel property or are not allowed to be on or in motel property. Defendants shall also keep a copy of the photo identification for each person on the list of persons who have previously been trespassed from motel property or who are not allowed to be on or in motel property, to the extent that Defendants have copies of such photo identification. 1 Defendants shall keep a copy of the photo identification for each person that is trespassed from motel property, or who is not allowed to be on or in motel property, from the date of this agreement forward. Defendants shall provide such list and photo identification to the Yakima Police Department upon request. 2. Cooperative relationship. The City and the Defendants agree to the following cooperative efforts to substantially reduce incidents of criminal activity upon the premises: a. As soon as is practical after a Yakima Police Department officer responds to a call to the Sunshine Motel, the officer shall contact the motel office and inform the motel employee on duty of the room number or other location (such as an alley or street) from which the call was made, and also the date and time of the call, the nature of the request and any persons involved. b. The Yakima Police Department may assist Defendants by providing names of people recently convicted of nuisance activities, as allowed by iaw. c. Calls initiated by an employee of the Sunshine Motel involving a request for assistance to the Yakima Police Department shall not be considered a violation of this agreement as long as Defendants are in compliance with the agreement. d. The parties acknowledge and agree that by agreeing to maintain a list of people who have been trespassed from the property or who are otherwise not allowed on the motel property, Defendants do not assume any obligation or admit any liability for failing to remove persons from the property who have been trespassed or who are otherwise not allowed to be on motel property, or for failing to alert the Yakima Police Department of the presence of that person on motel property, if Defendants do not have knowledge of that person's presence on the motel property. e. Nothing in this Agreement is intended to prevent or limit the Defendants or employees of Defendant Sunshine Motel from contacting the Yakima Police Department to request appropriate or necessary law enforcement or other emergency service or assistance. 3. Mutual Release. In the event the above requirements are fulfilled and the case is dismissed pursuant to Section 4, this Mutual Release will become binding on the parties. The City hereby forever discharges Defendants from any cause of action or obligation, known or unknown, and whether the same may hereafter arise, develop, be discovered, including, without limiting the generality of the foregoing, any and all claims and demands which Yakima has asserted or could have asserted against Defendants related to the Incidents. The City represents that the only claim by the City of which it is aware pending against Defendants is the Civil Action, and the City has not filed any complaints, claims, actions or initiated any other proceedings against any of the Defendants with any governmental agency or court. The Defendants each hereby fully and unconditionally release the City of Yakima, its past, present and future elected and appointed officials, employees and agents from any and all liability, rights, claims, demands, damages, costs, expenses, actions, and causes of action of 2 every kind, nature and description which they may have whatsoever as of the date of this agreement, including without limitation any claims, defenses or counter - claims asserted in the Civil Action or that could have been so asserted, whether known or unknown, whether or not currently pending, whether arising out of tort, contract, contract for insurance, statute or otherwise, and whether liquidated, unliquidated, contingent or non - contingent. This release shall not prevent the Defendants from raising affirmative defenses or counterclaims in any future action against the City unrelated to the Civil Action or the Incidents. The City and the Defendants understand and agree that these mutual releases are intended to be full, complete and general releases. The City and the Defendants further represent and warrant that neither has assigned nor otherwise transferred any interest in any of the claims released in this Agreement and further agrees to indemnify, defend and hold harmless the other (Defendants or City) from any liability, claims, demands, costs and attorneys' fees they incur as a result of any person or entity asserting any such assignment or transfer of any such claims. These waivers and releases shall not waive or release claims where the events in dispute first arise after the execution of this Agreement, nor shall it preclude the City or the Defendants from filing a lawsuit for the exclusive purpose of enforcing their respective rights under this Agreement. 4. Withdrawal of Civil Action. Within twelve months after the Defendants have completed and maintained all items listed in section 1 and 2 of this Agreement, and the City has inspected and accepted such actions on the business premises, and in consideration thereof, the City and the Defendants shall execute a stipulated motion to dismiss the Civil Action with prejudice and without costs. 5. Modification. This Agreement shall not be amended or modified except by an instrument in writing, executed by all the Parties. 6. Joint Preparation. This Agreement shall be construed as one prepared by the joint efforts of the Parties. The Parties further agree that all have sought legal counsel in connection with this Agreement or have knowingly waived their right to do so. 7. Counterpart Originals. This Agreement may be executed in any number of counterparts, all of which shall, upon execution and delivery of identical counterparts by the Parties, comprise a single agreement. 8. Severability. If any clause or provision of this Agreement is declared illegal, invalid, or unenforceable under any present or future law, statute, regulation or ordinance, the remainder of this Agreement will not be affected. It is the intention of the Parties that if any such provision is held to be illegal, invalid, or unenforceable, there will be added in lieu thereof a provisions similar in terms to such provision as is possible to be legal, valid, and enforceable. 3 9. Applicable Law. This Agreement shall be governed by the laws of the State of Washington. The venue of any action necessary under this Agreement shall be in Yakima County, Washington. 10. Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior or contemporaneous negotiations, agreements, representations, warranties and understandings of the Parties. 11. Attorneys' Fees. In the event legal action is initiated to enforce the terms and conditions of this Agreement, the prevailing party in such action shall be entitled to an award of reasonable attorneys' fees and costs incurred in such legal action. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth underneath their respective signatures. CITY OF YAKIMA RAJIV SAUSON By: L q71/ ff � Jeff Cu of , :erim City Manager Rajiv Sau Date 6 ""2-8 /l Date 4 112- I ATTEST: SUNSHINE MOTEL INN, LLC 61.4 I Oy9�IH Sy ��111 j Sonya Claar �d ee, City Clerk i 1 3 .:ir i ame ' Jl ' L) 4 i • *"" Stl ►A L A . - (7 � i '�%� „ vit � d @ � ~ /� � n( ( 2 CITY CONTRACT NO: 1 RESOLUTION NO: !l 4 STATE OF WASHINGTON ) ss. COUNTY OF YAKIMA ) On this day personally appeared before me, Rajiv Sauson, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same and that by his signature on the instrument, executed the instrument. J GIVEN under my hand and official seal this Z- , day of L./J1 , 2016. INC� , � O.. * N EXp �R c� s , e `` �� �: v 4 P • a e•: %ti / ...,l o 01. AO IC it ry Public in and for the State foe Washington OS Az Rs )ing at ( 74, /';".t , 'b I commission expires: /z b/Z o � 4). O FW P d � STATE OF WASHINGTON ) ) ss. COUNTY OF YAKIMA ) I hereby certify that I know or have satisfactory evidence that Rajiv Sauson is the person who appeared before me, and said person acknowledged that he signed this instrument and is the A't 4 .�r.-- of Sunshine Motel Inn, LLC, and on oath stated he was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. r GIVEN under my h. • :_ 2 - - .fficial seal this Z day of � , 2016. 4\ KINC/f �I � g so N EX/a/_ 4,A% tP ....i. __ u.... 3 ° , o�p ` , ri n -d Na, e: � /A, 6.7 , g �1C N I . Notary in and for the State of Washington N V , residing at y� 4 --0 - e � 4 RCH 2 �� My commission expires: 3 / 2 - 0 � Z G 9r F oFwA S S 5