HomeMy WebLinkAbout5.696 Original Contract
MEMO
CITY ATTORNEY
William E. Bloor
City Attorney
[4531 ]
DennIs DIckson
Sr. Assistant City
Attorney
[4532]
Candace Kathol
Legal Assistant
[4536]
Diana Lusby
Legal Administrative
Assistant
[4530]
Jeame DeFrang
Legal Admmistrative
Assistant
[4530]
Teresa L. Pierce
Legal Records
Specialist
[4576]
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WAS H I N G TON, U. S. A.
TO:
FROM:
DATE:
RE:
William E. Bloor City Attorney
Becky Upton, CIty Clerk
December 20, 2004
Original/Lindquist Settlement Agreement
Attached please find the original Settlement Agreement between the City of Port
Angeles and Jacqueline M. Lindquist for safekeeping III your records.
Thank you for your assistance.
Wil~Oor
City Attorney
Attachment
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G ILEGALIMEMOS 2004\Upton LmdqmstAgmt 122004 wpd
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SETTLEMENT AGREEMENT
This Settlement Agreement is made between the City of Port Angeles, Department of
Community Development, hereafter the "Ci~", and Jacqueline M. Lindquist, hereafter the "Owner."
Parties recite and agree as follows:
1. The Owner owns and controls the property at 1902 West Fifth Street within the City
of Port Angeles. The Owner caused a new home to be constructed on that property.
2. This Settlement is expressly limited to the facts of this case. It IS not intended to
establish precedent or to have any effect on the interpretation of the City's zoning
code or development regulations outside the facts of this particular case.
3. The Owner's home was constructed on the property at 1902 West Fifth Street. As
the City interpreted the zoning code, the building exceeded the height limitation by
approximately 2.6 feet. As a result, no occupancy permit was given to the Owner.
4. The Owner contends the correct interpretation of the zoning code is that (1) the
building was designed to be in compliance with the height restriction, and (2) the
building is in substantial compliance.
5. Each different interpretation is supported by some language in the current and past
versions of the ordinance that relates to building height.
6. The Owner filed with the Board of Adjustment an appeal of the City's interpretation
of the height regulation, claiming that the Owner's interpretation is correct and that
the City's interpretation is wrong. The City responded that the Owner's
interpretation of the ordinance is incorrect and that its interpretation is correct.
Subsequently the parties have agreed to resolve this dispute on the terms and
conditions set out below.
7. For its part the City will grant an occupancy permit to the Owner.
8. In return the Owner agrees to fully comply with the following terms and conditions:
a. The Owner will dismiss the appeal now pending before the Board of
Adjustment.
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b. To the extent it is feasible to do so, the Owner will fill around the exterior of
the building III a manner that will decrease the "height" measurement of the
bUIlding.
c. The Owner agrees not to excavate or grade in a manner that will increase the
"heIght" of the building.
d. The Owner waives and releases any and all claims and causes of action
whatsoever against the City or any of its current or past officers or employees
in any way arising or resulting from any act, omission, or dispute concerning,
relating to, or arising out ofthe determination or question of the height of the
Owner's building at 1902 West Fifth Street in Port Angeles.
9. Neither party will seek costs, expenses, or damages of any type from the other.
10. This agreement is intended to be the full, final and complete settlement of all pending
claims or claims that could have been raised or made resulting from this dispute.
11. This writing states the entire agreement of the parties relating to the subject matter
hereof. This incorporates and supersedes all prior discussions, negotiations and
agreements. There are no other agreements, written or oral, that relate to the subject
matter hereof that are separate from this agreement.
City of Port Angeles:
Owner:
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BY:~qUlSI'
Title: DIrector,
Department of Community Development
Date: December ~, 2004
Date: December ~, 2004
G:\Legal_ Backup\AGREEMENTS&CONTRACTS\LindqUlst. SettlementAgmt.12-0 1-04. wpd
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