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