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4946
Kaberwall & Saini, dba Gemini Restaurant
Settlement Agreement
Legal
LEG 12-1
8/6/2010
On-Going
1/1/2012
Review Date to Check for Status of Business
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AGREElVIENT
This AGREEMENT is executed by and between the CITY OF BREIVIERTON,
WASHINGTON, hereinafter referred to as the "City", and Gurdarshan S. Kaberwall and
Harjit Saini, dba Gemini Restaurant, LLC hereinafter referred to as "the Business" on this
� day of August, 2010.
WHE�AS, the Business desires to re-open within the City limits of the City of
Bremerton; and
WHEREAS, as a consequence of previous activities at the Business, the City and
the State of Washington had to expend significant resources in actions to enforce the law;
and �
WI�EItEAS, the Business wishes to cooperate with the City to ensure that there
are no further issues;
NOW, TI�EREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto hereby agree as follows:
1. That the City will withdraw any objection to the Washington State Liquor Control
Board's issuance of a liquor license to the Business upon the following
conditions: -
A. The Business agrees that if the City of Bremerton Police
Department or any other Law Enforcement Agency is required to `-
respond to the Business for two or more events in any one 24 hour
period, that the Business will cease operations for the remainder of the
same business day the two events occur. However, any Law
Enforcement response initiated by the Business in an attempt to
operate safely and maintain law abiding behavior at the Business shall
not count towards the two events discussed above.
B. The Business also agrees that for purposes of BMC 9.92 that if
there are three or more nuisance activities at the Business as defined by
BMC 9.92.020(e) that the warning/notice requirements of BMC
9.92.040 have been met by virtue of this Agreement and that the City
shall have the option to take imrnediate enforcement action as
authorized by BMC 9.92.
2. Nothing in this Agreement shall prevent the parties from bringing suit or pursuing
other legal or equitable remedies to enforce the terms of this Agreement.
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3. This Agreement shall be interpreted and enforced under the laws of the State of
Washington. The venue for any action shall be in Kitsap County, Washington.
4. If any provision of this Agreement is held to be illegal, invalid or unenforceable
under present or future laws, such provision shall be fully severable and this
Agreement shall be construed and enforced as if such provision had never
comprised a part of this Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect, and shall not be affected by the
illegal, invalid or unenforceable provision or by its severance from this
Agreement.
CITY OF BREMERTON,
WASHINGTON
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Patty I.e , ayor
GEMIr1I RESTAURANT, LI,C
C� �. �,�..� ,
Gurdarshan S. Kaberwall
Individually and as Manager of -
Gemini Restaurant, LLC
1� �7 �'Tlli�.�-17F.�1�1 '��
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't Attorney Harjit S ni, Member "
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