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A <br />City <br />se civil penalties for the Violation pursuant to Minnesota Statutes, § 340A.415, provided the <br />penalty, including the penalty agreed to pursuant to paragraph 1 hereof, shall not exceed <br />Lnts authorized by law. <br />7. Licensee understands and agrees: <br />a. That this agreement does not constitute an agreement not to bring criminal <br />charges for activities described herein; <br />b. That a decision whether to bring any charges rests within the discretion of <br />the City prosecuting attorney, the County attorney, or other authorized law enforcement <br />agencies; <br />C. That the Licensee freely enters into this agreement without any promises <br />from the City that no criminal charges will be brought; <br />d. That this agreement is entered into for the sole purpose of resolving and <br />settling any potential civil sanctions imposed pursuant to Minn. Stat. § 340A.415, and not <br />for the purpose of resolving or settling any potential criminal issues; and <br />e. That in the event criminal charges are brought against the undersigned, the <br />Licensee or any of its employees for activities described herein, Licensee will not contest <br />the validity of this agreement, repudiate, or otherwise challenge this agreement in any <br />way, by reason of the initiation or prosecution of such criminal proceedings. <br />By Qrder-ef die City Council <br />2008— <br />Adagio's <br />of <br />of the City of New Brighton this 8th day of September, <br />i. I <br />Mayor <br />3 <br />