HomeMy WebLinkAboutBao Voung Ho - 2021-06-17 Recorded in Official Records, Orange County
RECORDING REQUESTED BY Hugh Nguyen, Clerk-Recorder
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RESIDENTIAL DIVISION • s R o o t 2 9 a 7 2 6 7 S
RECORDING REQUESTED BY AND 2021000420423 11:57 am 06128/21
WHEN RECORDED MAIL TO: 227 NC-5 Al2 5
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City Clerk
City of Huntington
Beach 2000 Main Street
Huntington Beach, CA 92648
SPACE ABOVE THIS LINE FOR RECORDERS'USE ONLY
SETTLEMENT AGREEMENT
This Settlement Agreement ("Agreement") is entered into by and between the City of
Huntington Beach, ("CITY"), and Bao Voung Ho ("HO"), for purposes of settling all known and
unknown disputes, claims, causes of action, or demands of any kind arising from administrative
fines, penalties and liens associated with property owned by HO at 17511 Griffin Lane #7,
Huntington Beach, CA 92647 ("PROPERTY"). CITY and HO (collectively the "Settling
Parties") each and collectively desire a full and final resolution of the claims as between them,
without need for further action, and are accordingly entering into this Agreement on the terms set
forth below.
RECITALS
A. A dispute has arisen between the Settling Parties (as well as other defendants not
party to this Agreement) in regard to the previous operation of a marijuana dispensary at the
PROPERTY in violation of various provisions of CITY's Municipal Code. 1-10 is the owner of
the PROPERTY. The marijuana dispensary located at the PROPERTY was operated by parties
who are not party to this Agreement and not included as third party beneficiaries or otherwise
afforded any rights pursuant to this Settlement Agreement.
B. HO contacted the City through his personal representative Ken Pavia in an effort
to discuss the outstanding penalties and fines issued by Code Enforcement against the Property
for violations of Huntington Beach Zoning Code in relation to a business on the Property
illegally selling Marijuana.
C. In 2017, HO leased his PROPERTY to a tenant that opened a marijuana
dispensary. Once the City became aware of the illegal business, Code Enforcement informed the
business to cease operations, and when the business refused, began issuing citations. Code
Enforcement reached out in both English and Vietnamese in an attempt to obtain HO's
cooperation in shutting down the illegal business. HO did not respond to any correspondence
sent by the City, did not return calls and appeared to be ignoring the citations. As a result of the
administrative citations issued against the PROPERTY, HO owes $768,230.12 in civil citation
fines and fees. $703,851.58 were recorded against the PROPERTY.
v Exempt from fee per GC 27366.1 (s)(2):
retarded concurrently"in connection with-
a transfer subject to the Imposition
of documentary transfer tax
21-9751/256392
RECORDING REQUESTED BY
T ,MERICAN TITLE COMPANY
RESIDENTIAL DIVISION
RECORDING REQUESTED 13Y AND
WHEN RECORDED MAIL TO:
City Clerk
City of Funtington
Beach 2000 Main Street
I luntington Beach, CA 92648
SPACE ABOVE"IBIS LINE FOR RECORDERS"USE ONLY
SETTLEMENT AGREEMENT
This Settlement Agreement ("Agreement") is entered into by and between the City of
Huntington Beach. ("CITY"), and Bao Voting Flo ("HO"), for purposes of settling all known and
unknown disputes, claims, causes of action, or demands of any kind arising front administrative
fines. penalties zinc] liens associated with properly owned by 1-10 at 17511 Griffin Lane 97.
Funtington Beach. CA 92647 ('PROPERTY"). CITY and 1-10 (collectively the "Settling
Parties") each and collectively desire a full and final resolution of the claims as between them.
without need for further action, and are accordingly entering into this Agreement on the terms set
forth below.
RECITALS
A. A dispute has arisen between the Settling Parties (as well as other defendants not
party to this Agreement) in regard to the previous operation of a marijuana dispensary at the
PROPERTY in violation of various provisions Of CITY'S Municipal Code. 1-10 is the owner of
the PROPERTY. The marijuana dispensary located at the PROPERTY was operated by parties
Who are not party to this Agreement and not included as third party beneficiaries or otherwise
afforded any rights pursuant to this Settlement Agreement.
B. 1-10 contacted the City through his personal representative Ken Pavia in an effort
to discuss the outstanding penalties and lines issued by Code Enforcement against the Property
for violations of I-iuntington Beach Zoning Code in relation to a business on the Property
illegally selling Marijuana.
C. In 2017. 1-10 leased his PROPERTY to a tenant that opened a marijuana
dispensary. Once the City becanne aware of the illegal business. Code En force nnent informed the
business to cease operations, and when the business refused, began issuing citations. Code
Enforcement reached out in both English and Vietnamese in an attempt to obtain 1-10's
cooperation in shutting clown the illegal business. 1-10 did not respond to any correspondence
sent by the City, did not return calls and appeared to be ignoring the citations. As a result of the
administrative citations issued against the PROPERTY. FIO owes S768.230.12 in civil citation
fines and fees. S703,851.58 were recorded against the PROPL'•RTY.
Exempt from fee per GC 27388.1 (e)(2):
recorded concurrently-in connection with-
a transfer subject to the imposition
of documentary transfer tax
21-9751/256192
D. CITY and Flo reached an agreement to reduce the administrative fines. Ices and
penalties to $ 27,000 based on the facts presented to the City with regard to the sale of the
PROPERTY and the PROPERTY owners eventual cooperation in resolving the matter.
NOW, THEREFORE. CITY and 1-10 desire to fully settle their dispute, and in
consideration of the mutual covenants, agreements, and promises set forth in this Settlement
Agreement, and for other good and valuable consideration, each of the Parties to this Settlement
Agreement agree as follows:
AGREES-tEN"f
I. The Settling Parties acknowledge and agree that the above Recitals are true and
correct and are hereby incorporated into this Agreement as material terms.
2. This Agreement shall be effective as ol'the date it is sieved by all parties
("EtTective Date").
3. Upon payment of$27, 000, and upon recordation ol'this Agreement, the CI"IY
will caused to be released anv and all liens or claims related to the administrative citations
issued against the PROPER"TY which will satisty the settled upon outstanding amount of
5768.230.12 administrative citations owed to the City.
4. 1-10 hereby acknowledges and is expressly aware of Huntington Beach Zoning
and Subdivision Ordinance (I-IB/_SO), as well as the Beach Edinger Corridor Specific Plan
(BECSP), which prohibit medical and recreational marijuana businesses in the City.
5. In consideration for the CITY reducing the aforesaid civil citation amounts.
processing fees, and penalties, as stated above, 1-10 agrees and covenants with City that:
a. 1-10 shall not use or allow the PROPERLY to be used to operate any type
of"marijuana business in violation of 1-IBZSO and 1-10 shall not rent, lease,
sell, or otherwise convey the PROPERTY to any person or entity who
intends to operate a marijuana business in violation of"HBZSO regarding
the prohibition ol'marijuana businesses. This covenant and agreement
shall run with the land in perpetuity and shall be binding upon the
undersigned 1-10, future owners, encumbrancers. successors, heirs and
assignees, unless released by the CITY through subscqucnt written
instrument: and
b. 1-10 or successors in interest to the PROPERTY shall perform a physical
inspection of the PROPERTY every thirty (30) days to insure compliance
with this agreement and covenant.
6. HO warrants and represents that in executing this Agreement, they have obtained
legal advice from an attorney; that the terms of this Agreement and its consequences have been
21-9751/256392
completely read and explained to them by that attorney; and that HO fully understands the terms
and consequences of this Agreement.
7. HO acknowledges and represents that they have been apprised of all relevant
information and data furnished by their attomey and all others involved in the matters
referenced herein, and all other information relative to this Agreement.
8. This Agreement is the final expression of, and contains the entire agreement
between, the Settling Parties with respect to the subject matter hereof and supersedes all prior
understandings with respect thereto. Except as expressly provided in this Agreement to the
contrary, this Agreement may not be modified, changed, supplemented, superseded, canceled
or terminated, nor may any obligations hereunder be waived, except by written instrument
signed by the party to be charged or by its agent duly authorized in writing or as otherwise
expressly permitted herein. The Parties shall not be bound by any representation, warranty,
promise, statement, or information, unless it is expressly set forth in this Agreement.
9. It is further understood and agreed that all rights under Section 1542 of the Civil
Code of California and any similar law of any state or said territory of the United States are
hereby EXPRESSLY WAIVED. SECTION 1542 READS AS FOLLOWS:
-1542. General rclease: cNlcnt A general release does not
extend to claims which the creditor does not know
or suspect to exist in his or her favor at the time of
executing the release, which if known by him or her
must have materially affected his or her settlement
with the debtor."
10. Each person executing this Agreement represents and warrants to the other
signatories that they have the authority to execute this Agreement on behalf of the Party and
all other persons for whom they are signing this Agreement.
Date: (P
City of Huntington each, by and
.4ottthrough the City Manager IYAVI s p u as-
Date: '[
�licha'eT E. Gates, Ci Attomey
Date:
Bao Voung Ho
21-9751/256392
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached, and
not the truthfulness, accuracy, or validity of that document.
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
On June 17, 2021 before me, Donna Switzer, Notary Public, personally appeared
Travis Hopkins and Mike Vigliotta who proved to me on the basis of satisfactory
evidence to be the persons whose names are subscribed to the within instrument
and acknowledged to me that they executed the same in their authorized capacities,
and that by their signatures on the instrument the persons, or the entity upon behalf
of which the persons acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. - „� , . cc� iswm.zat11etn
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E 1-_ oNAMC#COI/R1
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(Notary Signature)
ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness,accuracy, or
validity of that document.
State of California
County of DY } SS
On �OI IS I202I before me, i'1 YlWA1 1A � ir6� Notary Public,
uvl J
personally appeared 15G11.) +6--) who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he she they executed the
same in his/her/their authorized capacitv(ies), and that
by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s)acted,executed the instrument.
ANGELICA 18ARRA
Comm N 2258171 1 certifv under PENALTY OF PERJURY' under the
aka(C� Ia%s of the State of California that the foregoing
'•..�' Y�Cew Exo 5Eo 15.7011
paragraph is true and correct.
V SS my hand and official s
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OPTIONAL INFORMA ION
The information below is optional. However,it may prove valuable and could prevent fraudulent attachment
of this form to an unauthorized document.
CAPACITY CLAIMED BY SIGNER(PRINCIPAL) cDESCRIPTION OFATTACHyyE��D IX)Ct NIENT
❑ INDIVIDUAL S ►myeCervtey+
❑ CORPORATE OFFICER TITLE OR TYPE OF Ixx' Fs r
❑ PARTNER(S) im1 3
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ GUARDIAN/CONSERVATOR
❑ SUBSCRIBING WITNESS
DATE OF DOCUMENT
❑ OTHER:
OTHER
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SIGNER(PRINCIPAL) RIGHT
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