HomeMy WebLinkAboutCAG2001-0425 - Original - DBM Consulting Engineers - Building Permit Application Job #9863 Time Extension - 01/10/2001 JAN 10-2001 WED 02: 12 PM DBM CONSULTING ENGINEERS FAX NO, 2538870925 P. 02
e -
ST,MJMENT AGREEMENT AND RELEASE OF ALL CLAIMS
7W8 SETTLE1vM AGREEMENT AND RELEASE OF ALL CLAIMS
("Aomment"),is entered between the City of Kent,a municipal corporation("City'),and
DBM CONSULTINGENWEERS,a t. a&(&,r- v% recto iw (•'Applicant`),
on this 10T H day of'Ta,Ae.ry 2001,as follows.
WHEREAS, the Applicant desires an additional 180 days in order to perfect its
Building Permit Applications 09900262, 9900213 through 99002791DBM Job #9863
("Applicadom'),sect to the Tequiraratents of dw lent City Code and this Agreement;and
WHEREAS, the City wishes to o and the time period in which Applicant mtut
perfect said Applications by the requested ISO days;and
WHERF,AS, the City and Applicant agree that consideration lies in the City's
agreement to extend the time for Applicant to perfect is Applicatione, and Applicant's
unconditional release of the City of any known or currently unknown claims, actions.
expgmscs,and casts associated with the Applications submitted by DHM that Applicant,or
its representative,may assert against the City;
NOW THEREFORE,the City and Employee agree as follows.
1. The Applicant "I have 180 days in order to perfect its Building Penult
Applications #9900262, 9900273 through 9900279MUM lob 09863, subject to the
requirements of the Kent City Code and this Agrecxaent. Ths 180-day time period shall
commence immediately upon mutual acceptance of this Agreement. In consideration of
execution of this Settlement Agreement and Rclease,the fallowing terms MW conditions
dull apply:
a. Applicant's response to the City's consolidated cometion notice will
be due within 90 days from rho date of mutual acceptance of this Agreement, KCC
12,01,110. This period will V.41 be included in the l -day calculation per KCC 12.01.190,
t+ti1'Tr EMENT AGREUMM AND RELUn OF ALL CLAIMS- 1
JANT10-2001 WED 02:12 PM DBM CONSULTING ENGINEERS FAX NO. 2538870925 P. 03
b. Due to protracted delay in the application process, the parties
undaat=d that the City may not be able to review Applicant's response to the City's initial
consolidated correction notice within 14 days as rcquued by KCC 12.01.110, Thetefnre,the
parties agree that the time in Which the City is reviewing Applicant's initial concerted
application will notbe included in the 180-say ealculsflom KCC 12.01.180(5). However,
the parties agree that the remaining time cc,-rnputsdons as set forth In the City Code shall
thcroofter apply.
C. Pursuant to KCC 12.01.180,any period during which Applicant has
been requested by the City to correct plans,po*rrn required studies,provide additional
required information,or otherwise require the Applicant to act s6a11 be excluded for the
purposes of calculating An time for issuance of the Notice ofDecision.
d. Applicant shall dismiss the administrative appeal currently pending
with the City of Kent Hearing$xamirm,with prejudice,and without costs to eitherparty,
e, The patties ages that this Agreement shall release,acquit, sod forever
discharge the City ttom any and all claims,actions,expenses and cwnpmsstion,iwiuding
economic lose,that exist,either currcndy known or unknown,on account of actions of the
City of Kent or its agents,off urs,or employees,involving any and all allegations or seta
arising out of or associated with the Applications submitW by Applicant that is the subject
miner of this Agreement.
2. Nothing in this Agreement shall constitute an admission by either party of any
legal wrong prohibited by any local,state,or indent policy,regulation,ordinance,or stawte,
or the common law,in connection with the subject matter of this Agreement
3. This Agreement is contractual in nai n. This Agremmt embodies the entire
agreement sad undetatanding between the City and Applicmt with respect to the subject
matter of this Agmemeat and may be cbanged,waived,diaeharged,or terminated,only by
a written instrument signed by the City and Applicant.
68TTLEMID-Tr AGMSE s6NT AND ARLUSS OF ALL CLAIMS•2
JAN:10-2001 WED 02:12 PM DBN CONSULTING ENGINEERS FAX NO. 2538870925 P. 04
4, By signing this Ageement,Applicant acknowledges duds it has read flu entae
Agreement,by and tho*an authorized repr aftiWve of the Applicant,»rAwstwuh the
omits Agreaucnt,and entm the Av ement in a knowing,intelligent,and voluntey tntalner,
without duress or undue influence.
CITY OF KENT: APPLICANT:
Print Name;
Print Natru: 1�e N w ttc
Title: ----
Data: / • D Data: 11 to Z oo I —
$Prirtt Nsme:- g ll_ illt�nsoa'�
Attorney for Applicant
Date: l,�IQ.�Q!
58T MEMLNT AGIaM&NT AND ULEASE OF ALL CLA245-3