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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] 5. ls>tJ l.{; lflORl' ^NGELJES I=- .n 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 WEB:dl G ILEGALIMEMOS 2004\Upton LmdqmstAgmt 122004 wpd ;- 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. -1- 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: ~ -? 1f{~ 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 -2-