HomeMy WebLinkAbout32246Agreement No.15-440
SETTLEMENT AGREEMENT BETWEEN COUNTY OF FRESNO AND DWAYNE
ALVARES, CONCERNING IMPOSITION OF ADMINISTRATIVE PENALTIES AND
RESOLVING ALVARES V. COUNTY OF FRESNO, FCSC CASE NO. 14CECL09JU
This Settlement and Mutual Release Agreement ("Settlement Agreement") is
made and entered into on the date executed by the Chair of the Fresno County Board of
Supervisors, by and between Dwayne Alvares ("Alvares") and the County of Fresno (''the
County").
REClTALS
As of August, 2014, Alvares was a tenant on real property located in Squaw
Valley. On or after September 16, 2014, the County served upon Alvares an administrative
citation imposing upon Alvares a:n administrative penalty In the amount of $11,000, for alleged
violation of Fresno County Otdirtance Code Chaps. 10.60-10.64, relating to cultivation of
marijuana. Alvares appealed the. administrative citation to the Board, and on October20, 2014,
an appeal hearing was held, at which the Board, on a 3-2 vote, denied the appeal.
On November 10, 2014; Alvares initiated Alvares v. Cpurity of Fresno, et al.,
FCSC Case No. 14CECL09311 ("Alvares f'), contesting the County's imposition of the
administrative penalties. A notice of conditional settlement (conditioned upon Board of
Supervisors approval of the settlement) was filed in the matter, and the CoUrt has scheduled a
settled case status hearing for October 13, 2015. On July 14, 2015, the Board approved of the
settlement .in concept, to be memorialized by this Settlement Agreement.
Alvares and the County now desire to resolve Alvares I and the matter of the
County's imposition of the administrative penalties and all unresolved claims which are, were; or
could have been raised in any of those actions, as set forth in more detail below-and with the
exception noted below.
AGREEMENT
For valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Alvares and the County agree as follows:
1. Final and binding resolution. This Settlement Agreement sets forth an
intended final and binding resolution of all matters left unresolved in.Alvares1. Within ten (1 0)
days of the Chair'S. execution of this Settlement Agreement; and proper service of the fully
executed Settlement Agreement upon counsel for Alvares, Alvares shaii dismiss Alvares.!. The
County acknowledges that Alvares has filed another lawsuit seeking only equitable.re!ief:
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referred to in the recitals and the execution of and delivery of this Settlement Agreement and
related documents.
13. Understanding of Facts. Alvares and County understand and agree that
the facts surrounding the events underlying this Settlement Agreement may differ from that
party's present understanding of those facts, and, except as provided for by this Settlement
Agreement, each party assumes the risk that this Settlement Agreement will waive causes of
action, regardless of their nature or value, by any of the parties and which subsequently may
become known to that party. Both Alvares and the County nevertheless agree that the releases
contained herein shall not be subject to termination or rescission.
14. Enforceable Settlement. This Settlement Agreement is governed by the
provisions of Code of Civil Procedure Section 664.6 and shall be enforceable by the Superior
Court of the State of California, and in that regard, it is agreed that the Court shall retain
jurisdiction over the parties to enforce the settlement until performance in full of the terms of this
Settlement Agreement.
IN WITNESS WHEREOF, the parties hereto have executed and acknowledged this
Settlement Agreement on the date set forth above.
Dated: September .M_, 2015
ATTEST:
Dated: September fldb 2015
SIGNATURES OF THE PARTIES
By:
FRESNO COUNTY BOARD OF
SUPERVISORS
Chair, Fresno County Board of
Supervisors
CLERK TO THE FRESNO COUNTY
BOARD OF SUPERVISORS
By: Su50vr--~sho-p
Deputy Clerk
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