Agmt21 Airfield Settlement Agreement

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ATTY/AGREEMENTS/SETTLEMENTS/AIRFIELD SETTLEMENT AGREEMENT REV: 08-11-2021 EI Page 1 of 6 SETTLEMENT AGREEMENT This Settlement Agreement (the “Agreement”) is entered into on August 11, 2021, (the “Effective Date”), by and between the City of Redwood City (“City”), a charter city and municipal corporation, and Runway Services, Inc., dba Airfield Supply Co. (“Airfield”), a California corporation (collectively referred to herein as “the Parties”). RECITALS WHEREAS, in February 2021, Airfield timely submitted its application for a storefront cannabis business permit with the City. WHEREAS, the City contends that in accordance with the City’s Application Procedures and Guidelines, on March 31, 2021, the City emailed Airfield a notification that its application was incomplete and that it had five business days to submit the missing information. WHEREAS, the City contends that it did not receive a response from Airfield within five business days of the March 31, 2021 notification. WHEREAS, on May 13, 2021, the City denied Airfield’s application as incomplete (“Denial for Incompleteness”). WHEREAS, Airfield contends that the City’s denial of the Application as incomplete was an abuse of discretion unsupported by substantial evidence. WHEREAS, Airfield exercised its right to an administrative appeal, and the Hearing Officer affirmed the Denial for Incompleteness. WHEREAS, Airfield intended to file a petition for writ of mandate to challenge the Denial for Incompleteness. WHEREAS, after careful consideration of the expense, delay and risks of litigating matters to a final judgment, the Parties, in the exercise of their business judgment and without any admission of liability, desire to resolve all issues of any kind between and among them arising out of or related to the Denial for Incompleteness, including but not limited to any claims that could have been asserted in a legal action, on the terms set forth below. WHEREAS, all terms of this Agreement are to be construed so that their meaning will effectuate the intent as identified above and throughout this Agreement. AGREEMENT AND RELEASE NOW THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties, the Parties hereby agree as follows: 1. INCORPORATION OF RECITALS The Recitals set forth above are incorporated herein by this reference and are made a part of this Agreement as if set forth in their entirety.