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<br />2. Respondent agrees to waive its right to have a hearing on these violations <br />pursuant to Ramsey City Code Section 7.93.12 in exchange for the disposition of this matter as <br />described herein. <br /> <br />3. Pursuant to City Code Section 7.93.13, Respondent shall pay a civil penalty of <br />$500.00. Said $500.00 shall be paid in two $250.00 installments on March 2; 2009 and March 9, <br />2009. The said payments shall be paid in check by Respondent at the Ramsey Municipal Center, <br />-7550 Sunwood Drive NW, Ramsey; MN 55303. <br /> <br />4. Respondent acknowledges that it has had adequate opportunity to consult with <br />independent legal counsel in connection with the foregoing and that they understand fully every <br />provision herein. <br /> <br />5. That any default by Respondent with regard to the terms of this Agreement will <br />result in the City scheduling a hearing to consider tobacco license suspension pursuant to City <br />Code Section 7.93. <br /> <br />6. This Settlement Agreement shall be governed by and construed in accordance <br />with the laws of the State of Minnesota. <br /> <br />7. The above represents the entire agreement of the parties. <br /> <br />WITNESS, the hands of the undersigned this _ day ofFebtuary, 2009. <br /> <br />SUNFISH EXPRESS, INC. <br /> <br />By: <br />FrankYamoutpour, President <br /> <br />CITY OF RAMSEY <br /> <br />By: <br />Bob Ramsey, Mayor <br /> <br />ATTEST: <br /> <br />By: <br />Kurt G. Ulrich, City Administrator <br /> <br />-2- <br /> <br />-17- <br />