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Home My WebLink AboutCAG1996-0210 - Original - Sloan Building Company and Tod Huey - Settlement Agreement Regarding 425 West Meeker Demolition - 12/20/1996 SETTLEMENT AGREEMENT THIS AGREEMENT is made this date by and between the City of Kent (hereinafter the "City") and Sloan Building Company and Tod Huey (hereinafter "Sloan"). RECITALS WHEREAS, Sloan owns certain real property located at 425 West Meeker, Kent, Washington (hereinafter the "Property"); and WHEREAS, the building on the Property is the subject of a City code enforcement action; and WHEREAS, on November 28, 1995, the Kent Hearing Examiner issued a Notice and Order of Abatement (hereinafter the "Order") for the Property; and WHEREAS, on January 2, 1996, Sloan appealed the Order to King County Superior Court under Cause No. 96-2-00073-6 KNT; and WHEREAS, this action was dismissed with prejudice on February 16, 1996, and Sloan appealed to the Court of Appeals, Division I, No. 38318-3-I, which case is currently pending; and WHEREAS, on February 16, 1996, the City filed a complaint in King County Superior Court (Cause No. 96-2-04923-9 KNT) against Sloan to enforce the Hearing Examiner Order; and WHEREAS, on October 11, 1996, the King County Superior Court entered an Order Granting the City's Motion for Partial Summary Judgment in King County Superior Court Page 1 of 6 Cause #96-2-04923-9 KNT, which imposed penalties upon Sloan and required Sloan to make certain corrections by a date certain; and WHEREAS, on November 8, 1996, Sloan filed a Notice for Discretionary Review of the Order Granting the City's Motion for Partial Summary Judgment in the Court of Appeals, Division I (No. 39682-0-I); and WHEREAS, Sloan has not yet filed its Motion for Discretionary Review in Court of Appeals, Division I (No. 39682-0-I); and WHEREAS, the parties desire to resolve this dispute without resort to further litigation; and NOW, THEREFORE, in consideration of the following mutual promises and covenants, the parties agree as follows: TERMS Section 1. Stay. The parties agree to stay all litigation, appeals and enforcement actions until February 28, 1997. This stay will be effective immediately. Section 2. Demolition of the Building on the Property. Sloan agrees to obtain the necessary permits from the City and demolish the building at 425 W. Meeker. Such demolition shall be, at a minimum, down to the concrete slab. All debris shall be removed from the Property in accordance with the Hearing Examiner's November 28, 1995 Order. Demolition and removal of debris from the Property shall occur on or before February 28, 1997. Sloan shall maintain the Property and keep the site clean as required by City codes. Section 3. Extension of Time by Reason of Extrinsic Events. The time for demolition and clean-up of the Property shall be extended for the period of any reasonable delay which is Page 2 of 6 due exclusively to acts of God, fires, floods, and acts of the City. The deadline for demolition and clean-up of the Property may be extended by the City for the circumstances described in this paragraph for a period of time equivalent to the time lost by reason of any or all of the above causes. Section 4. Sloan's Reimbursement of City's Attorneys' Fees. Sloan agrees to reimburse the City for the City's attorneys' fees and costs associated with all litigation described in this Agreement, in the amount of Twenty-Six Thousand and No/100 Dollars ($26,000.00). Sloan agrees to pay the City this amount on or before February 28, 1997. Section 5. Vacation of Order. Upon completion of the demolition and debris removal described in Section 2, as well as payment of the City's attorneys' fees described in Section 3 herein, Sloan will prepare the necessary stipulation for vacation of the Order Granting the City's Motion for Partial Summary Judgment entered in King County Superior Court Cause No. 96-2-04923-9 KNT on October 11, 1996, and the City agrees to stipulate to such vacation. Section 6. Dismissal of All Litigation. Upon completion of the demolition and debris removal from the property as described in Section 2, and payment of the City's attorneys' fees as described in Section 3 herein, the parties agree to dismiss all pending litigation with prejudice and without cost or fees to either party (except as described herein), and to execute any other documents necessary to ensure that Sloan's property is free and clear of any lien claim by the City. Section 7. Compromise of Claims. The parties understand and agree that this Settlement Agreement is the compromise of disputed claims and the execution and performance of this Settlement Agreement does not constitute and shall not be construed as an admission of Page 3 of 6 liability, fault or responsibility of any party. Neither parties' actions in settlement of this litigation shall be used against that party in any future matter. The acts of the parties in settling this litigation shall not be precedent in any future matter. This Settlement Agreement does not bar any subsequent code enforcement action by the City against Sloan for any future code violations on the property located at 425 West Meeker. Section 8. Release. Upon execution of the stipulations and agreed orders of Dismissal referenced in Section 5 above, the parties shall and hereby do, mutually release, acquit and forever discharge one another and their successors, past, present and future officers, agents, employees, members, assigns, relations, and attorneys, of and from any and all claims, demands, damages, actions, controversies, attorneys' fee claims, disputes, causes of action or suits of any kind or nature whatsoever which each has, may have or could have had through the exercise of diligence against the other, pertaining to or arising from King County Superior Court Cause No. 96-2-00073-6 KNT Court of Appeals Cause No. 38318-3-I and King County Superior Court Cause No. 96-2-04923-9 KNT and Court of Appeals Cause No. 39682-0-I. This Settlement Agreement is binding upon both parties, their heirs, legal representatives and assigns. Section 9. Representations or Warranties. Each signatory to this Settlement Agreement represents and warrants that he or she has full power and authority to execute and deliver this Settlement 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 Settlement Agreement on behalf of the person or entity for whom he or she signed. Upon proper execution and delivery, this Settlement Agreement will have been duly entered into by the parties, will constitute as against Page 4 of 6 each party a valid, legal and binding obligation, and will be enforceable against each party in accordance with the terms herein. Section 10. Remedies. A. The parties specifically agree that damages are not an adequate remedy for breach of this Settlement Agreement and that the parties are entitled to compel specific performance of all material terms of this Settlement Agreement by any party in default hereof, as well as to obtain damages. All terms and provisions of this Settlement Agreement are material. B. As an alternative to the above remedy, the non-breaching party may, as a result of a breach of this Agreement, provide the breaching party written notice that the Settlement Agreement is void and of no further effect. If a party chooses this option over specific performance as described in subsection (A) above, the parties shall resume the pending litigation with no prejudice to their former positions. C. The parties acknowledge and agree that the Order Granting the City's Motion for Partial Summary Judgment filed in King County Superior Court Cause No. 96-2-04923-9 KNT on October 11, 1996, shall remain in full force and effect, and any civil penalties and interest shall continue to accrue as provided in the Order until the obligations described in this Settlement Agreement are fully performed and the parties execute and file the Stipulation and Agreed Orders of Dismissal in all of the pending litigation matters. Section 11. Entire Agreement. This Settlement Agreement contains the entire Agreement between the parties with respect to the subject matter hereof, and shall not be modified or amended in any way, except in writing, and signed by the parties hereto. Page 5 of 6 12/19/96 THU 15:29 FAX OGDEN MURPHY 007 TILE UNDERSIGNED IIAVE READ THE FOREGOING SETTLEMENT AGREEMENT, HAVE CONSULTED WITH AN ATTORNEY REGARDING ITS MEANING AND ACKNOWLEDGE THAT THEY FULLY UNDERSTAND THIS AGREEMENT. DATED this-1044 day of -�D-e c 1996. THE CITY OF KENT SLOAN BUILDING COMPANY By: By: r-- -..,r /-44—n I Its IiOVOtt�!e•�.� ATTEST: By: By: KENT CITY C TOD HUEY 4 APPROVED AS TO FORM: By: �- • � KENT CITY ATTORNEY CA M149908.1 ACR/170095.050.00071R0085. Page 6 of 6