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HomeMy WebLinkAbout4946� Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments : 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 , � � 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. -1- _ ` � 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 � � 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 '�� - � 't Attorney Harjit S ni, Member " -2-