HomeMy WebLinkAboutCAG1999-0358 - Original - John M. Grazda - Settlement Agreement Regarding 27510 114th Ave SE, Kent (House) - 04/20/1999 SETTLEMENT AGREEMENT
BETWEEN JOHN M. GRAZDA AND CITY OF KENT
This Settlement Agreement(hereinafter"Agreement") is made this date by and between the
CITY OF KENT, a Washington municipal corporation(the "City") and JOHN M. GRAZDA, a
single individual ("Owner").
RECITALS
WHEREAS, the Owner has a substantial beneficial or fee interest in real property located at
27510 - 114' Avenue Southeast, Kent, Washington (hereinafter the "Property") which is legally
described in Exhibit A attached hereto and incorporated herein by this reference; and
WHEREAS, the Owner is the sole owner of a house which was moved onto the property in
approximately September of 1995; and
WHEREAS, the house was moved onto the property without permits and placed thereon
without a foundation; and
WHEREAS,the Owner entered into an agreement with the City to place the two-story house
on a new foundation on the above-described property and in accordance with the requirements of
a building permit within 90-days of removal of the home from its previous location and furthermore
agreed that the house would be habitable two years after execution of the Agreement with the City
on or about September 25, 1997; and
WHEREAS, the Owner has allowed the house to remain up on wood cribbing without a
foundation past the two-year grace period and continue to violate other provisions of the Kent City
Code as described in the Notice of Violation attached as Exhibit B attached hereto and incorporated
herein by this reference; and
WHEREAS,the Owner was apprised of the need to remedy the violations at least three times
beginning February 14, 1996, until the date of the hearing before the hearing examiner on May 26,
1998; and
WHEREAS, on April 10, 1998, the City issued a Notice of Violation to the Owner for
maintaining the vacant house in an unsafe condition and creating an accessible and attractive
nuisance to children; and
WHEREAS, the Notice of Violation required corrective action to be completed by May 1,
1998, by obtaining necessary permits and either: (1)properly repairing the structure to comply with
Kent City Codes; or (2) demolishing and removing the structure; and (3) removing and properly
disposing of accumulations of litter, trash,refuse, debris, rubbish, and appliances,tires, automobile
SETTLEMENT AGREEMENT 1 of 5
parts/accessories, barrels, furniture, and junk, including that which has been dumped in the junk
vehicles, or face possible monetary penalties; and
WHEREAS, on May 6, 1998, a hearing was held before the Kent hearing examiner on the
violations alleged in the Notice of Violation; and
WHEREAS,the appellant did not appear after service of the Notice of Violation was found
to be valid by the Kent hearing examiner; and
WHEREAS, at the appeal hearing,the City described the violation of the Owner's property
and the hearing examiner concluded that the violations of the Kent City Code occurred as stated in
the evidence and testimony presented at the hearing and that the Owner was responsible for
compliance with the City Codes; and
WHEREAS, after the hearing, the hearing examiner issued an order to the Owner on May
26, 1998, which required the Owner to take certain corrective action; and
WHEREAS, the hearing examiner's May 26, 1998 order also directed that a monetary
penalty of$500 per day per four violations beginning June 1, 1998 for a total of$2,000 per day be
assessed against the Owner and that an additional fine of$500 per day retroactive to September 25,
1997,the date that compliance should have been accomplished by the Owner pursuant to his contract
with the City if the Owner failed to complete the required corrective action; and
WHEREAS,the Owner did not judicially appeal the order as allowed by the Kent City Code;
and
WHEREAS,because the Owner did not initiate the work required by the hearing examiner's
May 26, 1998 order, the City has determined to file a lawsuit against the Owner in King County
Superior Court, to enforce the hearing examiner's order and collect the accumulated monetary
penalties; and
WHEREAS,the parties have decided to enter into this agreement for the settlement of the
pending litigation, under the terms and conditions set forth herein; NOW, THEREFORE, in
consideration of the following mutual promises and covenants, the City and the Owner agrees as
follows:
TERMS
l. Termination of Litigation. The parties hereby agree that if the terms and conditions of the
settlement agreement are preformed as set forth herein, the City shall abstain from filing a
lawsuit against the Owner for collection of costs and penalties in the King County Superior
Court, except that John Grazda agrees to pay the $500 hearing examiner assessed cost.
SETTLEMENT AGREEMENT 2 of 5
2. Conditions of Settlement. The parties agree that the settlement is conditioned upon the
Owner's agreement to demolish the structure,building,and temporary foundation which now
exists on the property, on or before May 18, 1999. The Owner further agrees to remove and
dispose of the structure, building, and temporary foundation, and to remove accumulation
of junk, debris, and objects from the property to legally dispose of the same and to leave the
property in a clean "t condition, on or before May 18, 1999. The Owner further
agrees to complete 'the fo oin tasks at his own expense.
3. Default. All of the termse oft 's Agreement are material and a breach of a term or condition
of this Agreement or the failure to timely perform a condition of this Agreement, shall
subject the Owner to any remedy available to the City under law or equity, including but not
limited to:
The City's Demolition Of The Structure And Foundation. The Owner agrees that in the
event he breaches any term of this Agreement,the Owner shall allow the City,its employees,
officers,contractors,agents, and representatives, free and unhindered access to the property
for the purposes of demolition of the structure, building, and foundation, and removal and
disposal of all portions thereof. Owner further agrees to allow the City to file a lien against
the property located at 27510 1141h Avenue SE, Kent, Washington 98031 for the costs of
demolition. The City shall be entitled to recover all of its costs of such demolitions from the
Owner in pending litigation.
Pending Liti ag tion. The Owner agrees that in the event he breaches any term of this
Agreement,the City will exercise its right to file litigation and proceed as if this Agreement
had not been executed. In the event of the Owner's breach,the litigation shall not otherwise
be hindered, delayed, or prejudiced on any issue as a result of the execution of this
Agreement.
4. Permits. The Owner agrees to obtain all necessary permits for the demolition of the
structure, building, and temporary foundation which now exists on the property.
5. Notices. Any notices permitted or required under this Agreement shall be deemed given
upon the date of personal delivery, or 72 hours after deposit in the U.S. Mail, First Class,
postage fully prepaid, addressed to the City as follows:
City of Kent
Attn: Code Enforcement Officer
220 —4`h Avenue South
Kent, Washington 98032
SETTLEMENT AGREEMENT 3 of 5
To the Owner as follows:
John M. Grazda
20715 — 104`h Place SE
Kent, Washington 98031
6. Governing Law, venue. This Agreement shall be governed and construed under the laws of
the State of Washington. Venue of any resulting litigation shall be in King County Superior
Court, King County, Washington.
7. Titles and Captions. All sections, titles, or captions contained in this Agreement are for
convenience only and shall not be deemed part of the context nor affect interpretation of this
Agreement.
8. Entire Agreement. This Agreement contains the entire understanding between the parties and
supersedes any prior understandings and agreements among them respecting the subject
matter of this Agreement. Any amendments to this Agreement must be in writing and signed
by both parties' duly authorized representatives.
9. Presumption. Both parties have had an equal opportunity in negotiation and drafting of this
Agreement. This Agreement or any section hereof shall not be construed against any party
due to the fact that said Agreement or any section thereof was drafted by said party.
10. Third Parties. Nothing herein shall be construed to benefit any third party,and shall provide
no rights whatsoever to any third party.
11. Severability. If any provision of this Agreement or the application of such provision to any
person or circumstance shall be held to be invalid, the remainder of this Agreement, or the
application of such provision to persons or circumstances other than those to which it is held
invalid, shall not be affected thereby.
12. Indemnification. The Owner agrees to defend, indemnify, and hold harmless the City of
Kent, its officers, officials, agents, employees, and representatives for any and all claims,
losses, demands, actions, injuries, damages, or liabilities of any kind or amount whatsoever
foreseen or unforeseen fixed or contingent, liquidated or unliquidated, arising by reason of
the City's(or the City's contractors)demolition, removal,and or disposal of the structure and
temporary foundation on the property, or the enforcement of the terms of this Agreement..
13. Representation or Warranties. Each signatory to this Agreement represents and warrants that
he or she has full power and authority to execute and deliver this Agreement on behalf of the
entity or party for which he or she is signing, and that he or she will defend and hold
harmless the other party and signatories from any claim that he or she was not fully
authorized to execute this Agreement on behalf of the person or entity for whom he or she
SETTLEMENT AGREEMENT 4 of 5
signed. Upon proper execution and delivery, this Agreement will have been duly entered
into by the parties,will constitute as against each parry a valid, legal, and binding obligation,
and will be enforceable against each party in accordance with the terms herein.
THE UNDERSIGNED HAVE READ THE FOREGOING SETTLEMENT AGREEMENT,
HAVE CONSULTED WITH AN ATTORNEY OR HAVE CHOSEN NOT TO CONSULT
WITH ANY ATTORNEY REGARDING ITS MEANING AND ACKNOWLEDGE THAT
THEY FULLY UNDERSTAND THIS AGREEMENT.
IN WITNESS WHEREOF,the parties hereto have executed this Settlement Agreement on
the date set forth below.
THE CITY OF KENT OWNER
By: ;?/11011"'SBy: &/
WHITE, Mayor GRAZDA, Owner
Da ed: -drr _ —T q c� " D e: � cry c c
APPROVED AS TO FORM:
By:
"TRO A. LUBOVICH, CitR
ATTESTED:
By
BRENDA JACO R ity Clerk
P:1CiviRCONTRACTIgrazda.agreamen.
SETTLEMENT AGREEMENT 5 of 5
EXHIBIT A
Legal Description
Lot 1 of King County Short Plat Number 1077138, recorded under Recording Number
7809180866, said Lot being described as follows:
The south half of the southeast quarter of the Northeast quarter of the Northeast quarter of
Section 32, Township 22 North, Range 5 East of the W.M., in King County, Washington.
EXCEPT the West 330.00 feet of the North 130.00 feet thereof;
EXCEPT the West 30.00 feet for road.
CODE ENFORCEMENT
EXHIBITS #CV-98-1. #2537
EX: A = NOTICE OF VIOLATION, dated 2/17/98.
EX: B = Declaration Of Service, dated 2/22/98.
EX: C = Photo's.
EX: D = Title.
EX: E = Void Construction Permit#6683.
EX: F = Contract for moving house.
EX: G = Department Of Public Works letter.
EX: H = NOTICE OF VIOLATION, dated 4/10/98.
EX: I = Tracking Summary Report.
EX: J = GeoBase Tax Report.
EX: K = Mailing Attempts.
EXH I B IT
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CITY Of 11
Jim White, Mayor
April 10, 1998
John Grazda NOTICE OF VIOLATION
27510 114 Ave. SE
Kent, WA 98031
You have been determined to be the person responsible for the violation(s) henceforth
mentioned which occurred at Same as above, Prcl: #3222059145 on or prior to
September 25, 1997 and is described as follows: (FILE # 2537)
I. DESCRIPTION OF VIOLATION:
1) Permitting, maintaining, and/or allowing on the subject property a structure in a
decayed, dilapidated or unsafe condition, which creates an accessible attractive
nuisance to children, and/or negatively affects, to any degree, by any and all conditions,
actions or omissions which, singularly or together, reduce or are likely to reduce or
negatively impact the life or limb, health, property or safety of the public, including but
not limited to, economy in the provision of public services, general welfare, economic
viability, or security in the enjoyment of the community. in violation of Kent City Code
08.01.030, items 3 and 6; in violation of the 1994 Uniform Building Code, section 102,
3402 and 3403, as adopted by Kent City Code 14.02.010., and in violation of the 1991
Uniform Code For The Abatement Of Dangerous Buildings section 302, subsections;
4,7,8, 9,12,13,16, and 17, as adopted by Kent City Code 14.06.010., 14.06.020.
2) Permitting, maintaining, and/or allowing on the subject property, accumulations
of litter, trash, refuse and/or rubbish,, in violation of Kent City Code 08.01.030, item 2 c
& d & 4.
3) Throwing or depositing litter and/or failing to maintain premises free of litter on
any occupied or vacant private property within the city whether owned by such person
or not, in violation of Kent City Code 08.04.100. sec; A, B, and C. ,
4) Permitting, allowing, and/or cause to allow more than one (1) vehicle of any kind
in inoperable condition to be stored or parked on any residentially zoned property for
more than thirty (30) days in violation of Kent City Code 15.08.090.
1
NOTICE. OF V IOLATIONT,
II. REQUIRED CORRECTIVE ACTION:
Corrective action must be completed by May 1, 1998 by 1:00 pm
1) Obtain necessary permits and either:
i) properly repair structure to comply with Kent City Codes; or
ii) demolish and remove structure.
2) Remove and properly dispose of accumulations of litter, trash, refuse, debris,
rubbish and appliances, tires, automobile parts/accessories, barrels, furniture and junk
including that which has been dumped in the junk vehicles.
3) You MUST notify this office upon completion for a compliance inspection.
III. HEARING NOTICE: On May 6, 1998, 3:00 pm, the Hearing Examiner will hold an
appeal hearing in City Council Chambers West, first floor, Kent City Hall at 220 4th
Avenue South, Kent, Washington. Except for repeat violations, if the required
corrective action is completed AND written approval is obtained from the issuing party
at least 48 hours prior to the hearing, the hearing will be canceled and no monetary
penalty will be assessed. If you choose NOT to complete the required corrective action
by that time, the hearing will continue as scheduled.
IV. HEARING EXAMINER HEARING: At the hearing, staff will request the Examiner to
issue an order assessing you monetary penalties of Five Hundred ($500) dollars per
day and/or allowing the City to abate the unlawful condition at your expense unless
you complete the required corrective action by the date and time indicated above,
pursuant to Kent City Code Chapter 1.04 "Civil Violations, Enforcement and
Abatement".
ISSUING PARTY:
Z
Brian Swanberg
Code Enforcement Officer
Development Services Division
(253) 813-3270
c: Hearing Examiner
Legal Department
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.NOTION: INQUIRY Geo-Base Data Base
GB110 - 'Parcel County Information Master
Prcl ID: 3222059145 Place: Map NDX:
1) Situs Addr: 27500 114 AV SE 2) Z.ip: 98031
3)Desc: STR-32-22-05 TAXLOT# 9145 LOT 1 KCSP 1077138 REC A
4) In City Flg: 11) Lot Acre: 3 . 660 17) Tape Updt : 09/17/1997
5) Quarter: NE 12) Lot Size: 000159429 18)Manu Updt: 02/21/1990
6) Levy Code : 1531 13)Gr/Living A: 000470 19) Section: 322205
7) County Use: 101 14)Max#Stories : 0 . 00 20)MoreLeg=9 : 9999
8) Land Value: 000120000 15) KC Roll Yr: 97 21) Prop Type: R
9) Improvement : 000011300 16) County Zone: GR-2 . 5P
10) Personal Pr: 000000000
22)Taxpayer Nm: GRAZDA JOHN M+MELODY A
23) Co-taxpr:
24) In care of :
25) Street Addr: 20715 104 PL SE
26) City, State: KENT WA 27) Zip: 98031
ACTIVE Signs Bonds Per/Lic Assess Proj Zone Viol Disc Act .
000 001 000 000 000 000 000
<ANYKEY> TO CONTINUE