Settlement Agreement 06062007.pdfSETTLEMENT AGREEMENT
The CITY OF EDMONDS, a Washington municipal corporation ("City"), and GREGG
PRODUCTION ASSOCIATES, INC., a Washington corporation ("GPA"), in full resolution of
the pending litigation between the parties, agree as`fbllows:
1. Development Agreement; Vesting. Upon approval by the City Council after a
public hearing conducted in accordance with RCW 3 6.70B. 170, GPA and the City will enter into
a Development Agreement in the form attached and incorporated by reference as Attachment A
to this Settlement Agreement. The Development Agreement shall provide. vesting for GPA in
the development of the "OldMilltown Property" (as defined in '. Attachment I A) until January 15,
2008. In the event the City Council. does not approve of the Development Agreement in the form
attached to this Settlement Agreement as Attachment, A, this Settlement Agreement shall be null
and void.
2. Damages. The City'will pay GPA damages in the amount of Thirty Thousand
Dollars and no/I00ths ($30,0010.00}. Such payment will be made to GPA in the following
manner: (a) Fifteen Thousand Dollars and no/100ths ($15,000.00) in the fore of a cashier's
check or equivalent, to be delivered promptly following the City Council's approval of the
Development Agreement in accordance with the provisions of Paragraph I above; and
(b) Fifteen Thousand Dollars and no/100ths ($15,00.0.00), in the form of a credit to GPA against
past or future sidewalk and right-of-way accts' mitigation payments incurred with respect to
development of the Old Milltown Property.
3. Good -Faith Review. The City agrees to engage in good -faith and timely review
of all currently issued, pending, or future applications for building permits, land use decisions or
any other entitlements related to the Old Milltown Property.
4. Waiver of Claims and Dismissal of Suits. GPA and the City will release and
waive all pending claims against each other that have or could have been made relating to the
subject matter of the three actions identified below and, upon City Council approval and the
parties' execution of the Development Agreement (identified in T I above) and payment by the
City of GPA's damages (identified in 112 above), GP'A will dismiss, with prejudice, the
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following actions against the City: Gregg Production Associ.ates, Inc. -v, City of Edmonds, et al.,
Snohomish County Superior Court No. 07-2-020860 (LUPA case); and Gregg Production
Associates, Inc. v. City of Edmonds,'Snohomish County Superior Court No. 07-2-020924
(damages case); and Gregg Production Associates, Inc. v. City of Edmonds, Snohomish County
Superior Court No. 07-2-03677-4 (damages case).
5. Successors and. Assigns.. This Settlement Agree nefi shall be binding -on the
parties, their successors and assigns.
DATED this 61h day of Jane, 2007.
CITY OF EDMONDS
By
Its
Yv
Approved as to Form:
By
W. Scott Snyder
City Attorney
GREGG PRODUCTION ASSOCIATES, INC.
By
Robert R. Gregg
Its President
SEA 2022541 v 10083160-000001
ATTACHMENT A,
DEVELOPMENT AGREEMENT.
THIS AGREEMENT is made this ` day of J�,\J' E- 2007, between the CITY OF
EDMONDS, a municipal corporation ("City"), and GREGG PRODUCTION ASSOCIATES,
INC., a Washington corporation ("GPA").
WHEREAS, GPA is the owner of the property at 2614A Avenue South, Edmonds, WA
98020 that is more particularly described as follows (hereafter referred to as the "Old Milltown
Property");
Lots 1, 2, 3, 4, 5, 6, 37,38, 39, and 40, Block 121, The City of
Edmonds, according to'the Plat thereof recorded in Volume 2 of
Plats, Pages 39 and 40, Records of Snohomish County, Washington;
EXCEPT the East 16 feet of said Lot 37;
TOGETHER WITH That Portion of the vacated alley adjoining.
Lots 1 through 4 and Lots 37 through 40, inclusive,
EXCEPT That Portion of the South half of said.vacated alley lying
adjacent to the East 16 feet of Lot 37.
SITUATE in the County of Snohomish, State of Washington.
WHEREAS, GPA intends to develop and refurbish the Did Milltown Property in
accordance with the current zoning, land use and other applicable City regulations;
WHEREAS, the City is responsible for the review and processing of all applications for
City entitlements that might be required for the development and refurbishment of the Old
Milltown Property; and
WHEREAS, the City conducted a public hearing and voted on June 5, 2007, to approve
this Agreement;
SEA 1991049v1 0083180-000001
NOW, THEREFORE, pursuant to the authority granted by RCW 36.70B.170 and for
good and valuable consideration, the adequacy of which is acknowledged, the City and GPA
enter into the following agreement:
1. The parties agree that until the end of the business day on January 15, 2008
(hereafter the "Term"), applications submitted for the development or refurbishment of the Old
Milltown Property shall be governed by the zoning, design review, and other applicable City
development standards as they existed on April 15; 2007..
2. Any and all City permits issued for the Old Milltown Property as a result of
applications submitted to the City during the Term of this Agreement shall be considered vested
under Washington law against the City development standards as they existed on April 15, 2007.
3. The City reserves the authority, pursuant to RCW 36.70B.170(4), to "impose new
or different regulations to the extent required by a serious threat to public health and safety."
4. This Agreement shall be recorded in.the records of Snohomish County, shall
attach to and run with the Old Milltown Property, and shall be binding upon the heirs, successors
and assigns of the parties.
y
DATED this G = day of 3-u0�
Si?A 1991049v1 0083180-000001
2007.
CITY OF. EDMONDS, a municipal corporation
By
GREGG PRODUCTION ASSOCIATES, INC.,
a Washington,corporation
b!
By.. r
Robert R. Gregg, President
STATE OF WASHINGTON }
ss.
COUNTY OF KING
On this �y day of a E , 2007, before me, a Notary Public in and for the State
of Washington, personally appeared G,��r _H �ts�Ns�N , known to me (or proved tome
on the basis of satisfactory evidence) to be the person who executed this instrument, and on oath
stated thatk/she was authorized to execute the instrument; and. acknowledge it as the
of CITY OF EDMONDS to be the free and voluntary act and deed of said
municipal corporation for the uses and purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand, and official seal the day and year
first above written.
STATE OF WASHINGTON
COUNTY OF KING
ffiva-low-_
NOTARY PUBLIC in and for the State of
Washington, residing at rn a,v s
My appointment expires //-p9-o 9
Print Name 0ojwbqq s. e g s E
On thisday of�G, , 2007, before me, a.Notary Public in and for the State
of Washington, personally appeared ROBERT R. GREGG, known to me (or proved to me on the
basis of satisfactory evidence) to be the person who executed this instrument, and on oath stated
that he was authorized to execute the instrument, and acknowledge it as the President of GREGG
PRODUCTION ASSOCIATES, INC., to be the free and voluntary act and deed of said
corporation for the uses and purposes mentioned in the instrument..
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year
first above written.
SETA 1991049v10083180-000001
a, "WWI s�
NOTARY PUBLIC in and for the State of
Washington, residing at,,4,M A- ees Zr K _
My appointment expires 9 —.Z— 2 g)o 9
Print Name e