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HomeMy WebLinkAboutAgreement A-23-205 Settlement Agreement and Release.pdf Agreement No. 23-205 SETTLEMENT AGREEMENT This Settlement Agreement ("Agreement") is a contract between the County of Fresno ("the County"), a political subdivision of the State of California, Harpreet Pawar, an individual; Sikandar Singh, an individual, and Harpreet Pawar as Trustee of the Pawar-Singh Family Trust (collectively, "Defendants"). The effective date of this Agreement is May 9, 2023. RECITALS WHEREAS, on July 15, 2022, the County filed a civil lawsuit against Defendants in the Superior Court for the County of Fresno, entitled County of Fresno v. Harpreet Pawar, et al., Case No. 22CECG02154 ("Lawsuit") to abate violation of the zoning ordinance of the County of Fresno, public nuisance, and unfair business practices; WHEREAS, as of the date of the effective date of this Agreement no Defendant has filed a response or made an appearance in the Lawsuit; WHEREAS, said Lawsuit arises from the operation of a commercial truck yard on property located at 3280 S. Peach Ave. in Fresno, legally described as "Lot 7 of tract No. 1228, Thrifty Acres, according to the map thereof recorded in Book 15, page 71 of plats, Fresno County records," commonly known as 3280 S. Peach Ave., Fresno, CA 93725, and assigned Assessor's Parcel Number(APN) 331- 200-01 S; WHEREAS, said property is zoned as an Exclusive Agricultural District; WHEREAS,Fresno County Zoning Ordinance section 816.4, subdivision(A), applicable to Exclusive Agricultural Districts, expressly prohibits all manufacturing, service, and commercial uses not specifically permitted and also specifically prohibits commercial truck yards; WHEREAS, at all times relevant in the Lawsuit, Defendants, and each of them, owned and controlled the Property; WHEREAS, at all times relevant in the Lawsuit, Defendants Harpreet Pawar and Sikandar Singh were trustees of The Pawar-Singh Family Trust; WHEREAS,Defendants deny they have engaged in unlawful activity as alleged in the Lawsuit; WHEREAS,Defendants are willing to cease all commercial trucking activity at the Property except as permitted in this Agreement; Page 1 of 8 SETTLEMENT AGREEMENT WHEREAS,the County and Defendants wish to avoid the disruption, inconvenience, uncertainty, and costs associated with further litigation with respect to this matter, and seek to settle and resolve this dispute upon terms set forth herein; WHEREAS the County and Defendants both wish to reach a prompt, mutually agreeable settlement to fully and finally resolve all matters raised in the first amended complaint; THEREFORE, The County and Defendants acknowledge that in light of the foregoing facts and circumstances, there exists fair and valuable consideration for each of them to enter into a binding legal agreement, and agree as follows: OBLIGATIONS 1. Defendants shall not place, park, store, keep, or otherwise permit to be present any commercial truck, for any length of time at the Property, regardless whether it would otherwise be permitted by law. For the purpose of this agreement, "commercial truck" refers to any truck or similar vehicle which is primarily used for commercial purposes such as hauling, towing, storing, or carrying goods, equipment, or other items. "Commercial truck" also includes any vehicle of the type commonly known as a semi-truck, and any vehicle similar to a semi-truck in its tendency to create noise, dust, and other nuisances. "Commercial truck" does not include vehicles which are on the property to provide services necessary to maintain the Property, such as plumbing, roofing, landscaping or medical services. "Commercial truck" does not include a vehicle summoned to the Property by Defendants for the purpose of towing or removing a vehicle, in compliance with Defendants' obligations under this Agreement. 2. If any commercial truck is present for any amount of time at the Property, Defendants shall cause it to be towed or otherwise removed at their own expense. If within 24 hours Defendants have not towed or removed the vehicle, it may be towed and impounded by the County, with or without notice, at any time of the day or night, and Defendants shall be liable to the County for any expense incurred thereby. Defendants shall post signs at all entrances to the property notifying any person that unauthorized vehicles may be towed, consistent with the provisions of Vehicle Code section 22658, subdivision(a)(1). Page 2 of 8 SETTLEMENT AGREEMENT 3. Defendants shall comply with all County Zoning Ordinances and shall not use the Property or permit the Property to be used in any way which unreasonably interferes with the quiet enjoyment of neighboring residents, or otherwise constitutes a public or private nuisance. 4. Defendants' "show truck" is exempt and excluded from the limitations described in paragraphs 1 to 3 above, so long as it is not used for commercial activity on the Property or to haul any trailer on the Property. Defendants' "show truck" is a three axle, black semi-truck tractor with green accents. On both sides of the vehicle, to the rear of each door, above a fuel tank, in green lettering is painted "ICCMC — 881176, USDOT — 2534567, VIN-ND788060," and in the front passenger side windshield is displayed California license plate "YP31996." 5. Defendants are not responsible for "commercial trucks" which they do not own or control and which are not present or operated on the Property. 6. The County may, with reasonable notice to either of the individual Defendants, which notice may be by telephone or in writing in the sole discretion of the County, enter onto the property and inspect it to ensure compliance with the terms of this Agreement. Such inspection shall be limited in scope to ensuring compliance with this Agreement and shall not include entry to any building or vehicle, except with additional, contemporaneous consent. Nothing in this Agreement affects or reduces the County's right or ability to lawfully search the Property or any building, vehicle, container or anything else, as otherwise permitted by law, including through the use of a warrant or reliance upon exigent circumstances. Reasonable notice shall mean the soonest of(1) any time agreed upon by the parties; (2) upon 24 hours' notice; (3) notice sufficient to permit a responsible adult to be physically present during the inspection. Notice to Defendants may be communicated to: Harpreet Pawar 7073 E. Redlands Avenue Fresno, CA 93737 (559) 871-0885 7. Defendants shall pay $77.50 to Fresno County Department of Public Works and Planning, as a special inspection / compliance inspection fee, and $20.00 to Fresno County Recorder, Page 3 of 8 SETTLEMENT AGREEMENT for a recording fee for a release of Notice of Violation. Payment must be made separately to each department, or processing may be significantly delayed. Both payments may be delivered in person or by mailing a check to: The County of Fresno Department of Public Works and Planning Development Services and Capital Projects Division 2220 Tulare St. Suite A Fresno, CA 93721 Attn: Ze Xiong 8. Defendants agree to pay fifteen-thousand dollars ($15,000.00) to the County. The payments shall be made at a rate of$1,000.00 each month, due the first day of each calendar month, with the first payment due July 1, 2023. There shall be a grace period of fifteen (15) days for each payment, and payments made within the grace period shall be deemed timely. If Defendants make the first six (6) payments timely, the remaining balance shall be suspended so long as Defendants remain in substantial compliance with the terms of this agreement. If Defendants violate any term of this Agreement, including making of a timely payment, the entire balance shall become due immediately. 9. If Defendants have remained in substantial compliance with this Agreement for a period of three years or thirty-six calendar months from the effective date of this Agreement, any balance owed under this Agreement shall be deemed satisfied. 10. If Defendants are in substantial compliance with the terms of this Agreement, the County shall dismiss Defendants without prejudice from Case No. 22CECG01586 within sixty (60) calendar days following receipt of the first payment described in paragraph 8. MATERIAL BREACH OF THE AGREEMENT AND TERMINATION 11. A material breach of this Agreement by any party is a breach of contract and any aggrieved party shall be entitled to pursue any and all remedies available in law or equity for breach of contract, including specific performance. Page 4 of 8 SETTLEMENT AGREEMENT 12. A material breach of this Agreement does not automatically void this Agreement. All terms shall remain in force and effect until the Agreement expires or is terminated by the Parties. 13. Nothing in this Agreement prevents the County from filing a new administrative, civil or criminal action on the basis of conduct which occurred, or is discovered, after the effective date of this Agreement. 14. The Agreement shall remain in force for ten (10) years from its effective date or until terminated by the Parties. The Agreement may be terminated by the Parties sooner than ten (years) by mutual Agreement, in writing, signed by all the parties to this Agreement or their successors in interest. MISCELLANEOUS PROVISIONS 15. Parties bear their own costs. Neither the County nor any Defendant shall be deemed a prevailing party in this action by way of this Agreement and neither shall be entitled to recover costs or fees from the other. 16. Joint and several liability. Defendants and are jointly and severally liable for all obligations of Defendants under this agreement. 17. Public Record. The parties agree that this Agreement, including its contents, is a disclosable public record under the California Public Records Act (Government Code Section 6250, et seq.), the Ralph M. Brown Act (Government Code Section 54950, et seq.), and all other applicable laws pertaining to disclosure by public entities. The County is not limited in any manner whatsoever with respect to public disclosure of this Agreement, in whole or in part. 18. Statute of limitations. The parties agree that any and all applicable statutes of limitation are tolled as to conduct described in the recitals of this Agreement, and as to conduct reasonably related to the subject matter of this agreement occurring before the effective date of this Agreement, or while this Agreement is in effect. 19. Notice. For all claims arising out of or related to this Agreement, nothing herein establishes, waives, or modifies any claims presentation requirements or procedures provided by law, including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with section 810). Page 5 of 8 SETTLEMENT AGREEMENT 20. Complete Agreement. This Agreement represents the full and complete understanding of the parties with respect to the subject matter hereof, and all preliminary negotiations and oral or written agreements with respect thereto are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by a written instrument signed by all parties. No waiver of any provision of this Agreement will be valid unless and until it is in writing and signed by the party making the waiver. Waiver by any party at any time of a breach or default of this Agreement shall not be deemed a waiver of or consent to a breach or default of the same or any other provision of this Agreement. 21. Severability. If any provision of this Agreement is determined to be illegal, invalid, void, or unenforceable in a final judgment by a court of competent jurisdiction, each and every other provision hereof shall remain in full force and effect, unless this severability provision would deny one or more of the parties to the Agreement of the material benefits of the Agreement, in which case the entire Agreement shall have no force and effect. 22. Authority to Execute. Each party represents and warrants to every other party that such party is duly authorized and empowered to execute, enter into, and perform its obligations set forth in this Agreement, and that the individual signing this Agreement on behalf of such party has been duly authorized to execute this Agreement on behalf of such party, and will, by signing this Agreement on such party's behalf, legally bind such party to the terms, covenants, and conditions of this Agreement. Each party further represents and warrants to every other party that no other person or entity is required to give its approval or consent to this Agreement in order for such party to authorize, enter into, and perform its obligations under this Agreement, or that if such approval or consent to this Agreement is required, that such approval or consent has been obtained. 23. Applicable Law. This Agreement is made and entered into in the State of California and shall be deemed to have been executed and delivered within the State of California, and the rights and obligations of the parties hereunder shall be governed by, and construed, and enforced in accordance with the laws of the State of California. Any suit brought pursuant to this Agreement shall be filed and heard in a court having jurisdiction and located in the Fresno County, State of California. Page 6 of 8 SETTLEMENT AGREEMENT 24. Non-Assignment. No party shall assign, transfer or sub-contract this Agreement nor their rights or obligations under this Agreement without the prior written consent of the other parties. 25. Third-Party Beneficiaries. Notwithstanding anything else to the contrary herein, the parties acknowledge and agree that no other person, firm, corporation, or entity shall be deemed an intended third-party beneficiary of this Agreement. 26. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original, and all of which taken together shall constitute one and the same instrument. [signature page follows] Page 7 of 8 SETTLEMENT AGREEMENT DEFENDANTS: COUNTY: PAWAR-SINGH FAMILY TRUST"RUST COUNTY OF FRESNO,a Political subdivision of the State of California By. eo-> ----- • t� Print Nart3e. r` a� ,',1l Q i cro. Cliairmar, of the Board of is f the.County of Fresno Title. [)ate:� Date: y -Z0 2+43 ATTEST: Harpreet Pawar, as an individual, Bernice C.Seidel Clerk of the Board of Supervisors County of Fresno,State of California Print Name: HhMa r �UJ�IT By: �U�ri�• �n T)e0�,ty Date: Date: Sikandar Singh, as an individual, By: _- Print Name: , i xAPJ0 R ,51 Date: - `?-o7,3 For Accounting Use Oniti Ord;No.: 1188 Account No.: 5800 Fund No.: 0085 Subclass No.: 17408 Page 8 of 8