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ATTY/AGR/SETTLEMENTS/2026/JUVA RETAIL RWC INC./JUVA RETAIL RWC INC. SETTLEMENT AGREEMENT
<br />REV: 04-24-26 MI
<br />Page 4 of 9
<br />Permittee’s failure to make timely payments shall constitute a material breach of this
<br />Agreement. In the event of nonpayment, City shall be entitled to recover (1) the Settlement
<br />Payment less any payments made by Permittee under the terms of this Agreement, (2) any
<br />penalties assessed for late payment under this Agreement, and (3) One Hundred Four
<br />Thousand Two Hundred Sixty-One dollars and Forty-four cents ($104,261.44), the amount
<br />of the penalties and interest associated with the Disputes held in abeyance under this
<br />Agreement (the sum of $101,143.74 and $3,117.71, as set forth in the Recitals).
<br />c. Settlement Payment Not Contingent: Permittee’s obligation to pay the Settlement
<br />Payment is not contingent on its future operations, including without limitation whether or
<br />not its cannabis business activities continue, are interrupted, or cease.
<br />3. Attorney’s Fees and Costs: Each Party and their attorneys shall bear their own attorney’s
<br />fees and costs with respect to the subject matter of this Agreement (including without limitation
<br />the Disputes, other subject matter of the Recitals, and the negotiation and enforcement, if
<br />necessary, of this Agreement).
<br />4. No Other Claims; Mutual Waiver and Release: Except for the obligations specified
<br />herein, Permittee and the City hereby release and forever discharge each other, together with their
<br />respective officers, officials, council members, employees, attorneys, accountants, other
<br />professionals, insurers, and agents, and all entities, boards, commissions, and bodies related to any
<br />of them, successors, assigns, heirs, personal representatives and executors, and all persons, firms,
<br />associations, co-partners, co-venturers, insurers, contractors, engineers, subcontractors,
<br />subsidiaries, parents, affiliates, or corporations connected therewith, and each and any of them
<br />(“Released Parties”), from any and all claims, debts, liabilities, demands, obligations, costs,
<br />expenses, attorney’s fees, actions, and causes of actions of every nature, character, and description
<br />whether known or unknown and whether based on a tort, contract, statute, regulation, ordinance,
<br />or other theory of recovery, directly or indirectly arising out of any matter, fact, and/or allegation
<br />related to all acts, omissions, events, circumstances, or facts occurring or existing prior to the
<br />Effective Date, that arise out of or are related to the Disputes —provided that nothing herein shall
<br />release the City from any liability resulting from the City’s breach of this Agreement, nor shall
<br />anything herein release Permittee from any liability resulting from Permittee’s breach of this
<br />Agreement.
<br />This waiver and release is a general release and includes all claims that have accrued as of the
<br />Effective Date, known or unknown, including without limitation as to which any Party is presently
<br />unaware or which any Party does not presently suspect to exist which, if known by the Party,
<br />would materially affect the Party’s release. Each Party hereby expressly, knowingly, and
<br />voluntarily waives any and all rights and benefits granted by California Civil Code Section 1542
<br />(or any other analogous federal or state law or regulation). Section 1542 provides as follows:
<br />A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
<br />THAT THE CREDITOR OR RELEASING PARTY DOES NOT
<br />KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT
<br />THE TIME OF EXECUTING THE RELEASE AND THAT, IF
<br />KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY
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