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BLD1996-0170 LEGAL DOCS1"RECEIVED CITY CLERK CITY OF EDMONDS NOTIFICATION OF COVENANT EDMONDS, WA 9$020 C� 605BELL STREET INDEMNIFICATION & HOLD HARMLESS PERMIT COUNTER Under the review procedures established pursuant to the State Building Code, incorporating amendments promulgated by the City of Edmonds, and as a prerequisite to the issuance of a building permit for the construction of a residential structure and attendant facilities, the undersigned OWNERS of property do hereby covenant, stipulate and promise as follows: 1. Description of Subject Property. This covenant of notification and indemnification/hold harmless relates to a tract of land at the street address of is -� I I %S i a P1 LvFST , Edmonds, Snohomish County, Washington and legally described as: The north 91.14 feet of Tract 62, Meadowdale Beach, as per plat recorded in Volume 5 of Plats, page 38, Records of Snohomish County, Washington. Except the west 10.00 feet thereof. Lot 3 of S8-87 2. Notification and Covenant of Notification. The above -referenced site (hereinafter "subject site") lies within an area which has been identified by the City of Edmonds as having Q . a potential for earth subsidence or landslide hazard. The risks associated with development of 7-4 the site have been evaluated by technical consultants and engineers engaged by the applicant as a part of the process to obtain a building permit for the subject site. The results of the consultant's report and evaluations of the risks associated with development are contained in building permit file number — ' on file with the City of Edmonds Building Division. Conditions, limitations, or prohibitions on development may have been imposed in accordance with the recommendations of the consultants in the course of permit issuance. The conditions, li��,itations, or prohibitions may require ongoing maintenance on the part of any owner or lessee or may require modifications to the structures and earth stabilization matters in order to address future or anticipated changes in soil or other site conditions. The statements and conditions proposed by the OWNERS' geotechnical engineer, geologist, architect and/or structural engineer are hereby incorporated by reference from the contents of the file as fully as if herein set forth. Any future purchaser; lessee, lender or any other person acquiring or seeking to acquire an interest in the property is put on notice of the existence of the content of the file and the City urges review of its contents. The file may be reviewed during normal business hours or copies obtained at the Planning Division, City of Edmonds, 250 5th Avenue North, Edmonds, Washington 98020. 3. Indemnification and Hold Harmless. The undersigned OWNERS hereby waive any and all liability associated with development, stating that they have fully informed themselves of all risks associated with development of the property and do therefore waive and relinquish any and all causes of action against the City of Edmonds, its officers, agents and employees arising from and out of such development. In addition, the OWNERS on behalf of Frl themselves, their successors in interest, heirs and assignees, do hereby promise to indemnify and G L: NOV 2 2 1996 VOl.3223nGE0373 r 1 . _ , hold harmless the City of Edmonds, its officers, agents and employees from any loss, claim, liability or damage of any kind or nature to persons or property either on or off the site resulting from or out of earth subsidence or landslide hazard, arising from or out of the issuance of any permit(s) authorizing development of the site, or occurring or arising out of any false, misleading, or inaccurate information provided by the OWNERS, their employees, or professional c6nsultants in the course of issuance of the building permit. OWNERS specifically reserve to themselves the claims set forth in a notice of claim submitted to the City Clerk of the City of Edmonds on March 22, 1996, and nothing herein shall be interpreted to waive or release or to require indemnification for the claims set forth in said notice which arose prior to the date of execution of this agreement. 4. Insurance Requirement. In addition to any bonding which may be required during the course of development, the Community Services Director has/has not specifically required the maintenance of an insurance policy or public liability coverage in the amount and for the time set forth below in order to provide for the financial responsibilities established through the indemnification and hold harmless agreement above: (insert insurance requirements/time period) 5. Covenant to Touch and Concern the Land. This covenant of notification and indemnification/hold harmless touches and concerns the subject tract and shall run with the land, binding, obligating and/or inuring to the benefit of future owners, heirs, successors and interests or any other person or entity acquiring an interest in property, as their interest may appear. This provision shall not be interpreted to require a mortgagor or lender to indemnify the City except to the extent of their loss nor to obligate such persons to maintain the insurance above required. DONE this day of C Clt3r-; 19 6 . OWNER(S) By: Ll - - R ) f J �y. f( V -2- VOL.3223PAGE 0300 STATE OF WASHINGTON COUNTY OF SNOHOMISH I certify that I know or have satisfactory evidence that CARL P . PEARSON signed this instrument and acknowledged it to be (his/tt) free and voluntary act for the purposes mentioned in this instrument. DATED this 2ND day of OCTOBER , 19 96. (Stamp 1`10TARY PUBLIC PATRICIA E. JODOCK Printed Name My Commission Expires: JUNE 10, 2000 STATE OF WASHINGTON COUNTY OF SNOHOMISH I certify that I know or have satisfactory evidence that _ POLI.Y P. PEARSON signed this instrument and acknowledged it to be , N&//her) free and voluntary act for the purposes mentien,;;d in this instrument. DATED this 2ND day of OCTOBER .� ���p�NiitiEA? 0 (Stamp o ` q�A� ®o a�10 - cr: O Uj f CM rJ �' kl CZ 19 96. ,� Ali �AIZ �TJTIT •.�NOIC PATRICIA E. JODOCK p'4- Printed Name My Commission Expires: JUNE 10, 2000 -3- m.3223-nu0381 AGREEMENT FOR THE INSTALLATION OF LANDSCAPING AND REPAIR OF CURB WHEREAS, Carl and Polly Pearson (the "Pearsons") have subdivided certain property located at 16319 751h Place West, Edmonds, Washington and known as Lot 1 of the Pearson Subdivision; and WHEREAS, the lot was encumbered by debris flows from . landslides occurring in January and March of 1997; and WHEREAS, as a part of removal of the debris flow, the City, at its own behest, and by public contract, initiated certain clean up of said lot; and WHEREAS, such work was suspended prior to completion of the contract, and WHEREAS, there has been a repair and/or replacement of a section of concrete curbing on said lot but there is yet to be accomplished the installation of landscaping on the lot designed to enhance the stability of the lot and, to the extent that landscaping may accomplish such purpose, control erosion and the lessening of danger from future earth subsidence or landslide hazard, and WHEREAS, the City's public contractor was unable to complete the work and the property owners have indicated their desire to complete such work; NOW, THEREFORE, The City of Edmonds, Washington, a municipal corporation, (hereinafter "City") and Carl and Polly Pearson, owners of certain real estate located 16319 751h Place West, Edmonds, Washington (hereinafter "Pearsons") in accordance with the promises and covenants contained herein and the mutual benefits to be derived do hereby agree as follows: 1. Undertakings of Pearsons. 1.1 The Pearsons promise to utilize the $10,000 paid pursuant to paragraph 2 below for the installation of landscaping and vegetative cover in substantially the form and described in the attached Exhibit A therein as Phase II work. 1.2 To utilize $1,090 to repair and replace damaged curbing on the subject site. 1.3 To maintain records regarding the expenditure of such funds in accordance with generally accepted accounting principles and to make such records available for inspection by the Washington State Auditor or through an authorized representative of the City during normal working hours. (WSS473760.DOC;1 /00006.900000/) 2. In consideration of such promises, the City agrees to pay the sums of $10,000 for installation of landscaping and vegetative cover and $1,090, said sum being approximately equivalent to the $1,000 cost of installation of a curb and the sales tax attributable thereto. Said sums shall be paid in the following format: 2.1 $6,000 upon execution of this Agreement, and 2.2 $5,090 upon completion of the work. Work shall be deemed complete when the Pearsons notify the City Engineer of the completion of the work and the City Engineer has verified such installation by field inspectors by his authorized representative, and accepted such work in writing. Acceptance shall not be unreasonably withheld. 3. Nothing herein shall be interpreted as a waiver of any claim which the Pearsons currently maintain against the City of Edmonds as described in Snohomish County Cause No. 99-2-05628-9. Similarly, however, the parties acknowledge that the City may claim any amounts expended hereunder as offsets to any damage alleged by the Pearsons in such lawsuit. 4. Entire Agreement. This is the entire agreement between the parties. Any prior understanding, written or oral, shall be deemed merged with its provisions. This Agreement shall not be amended except in writing with the express written consent of the parties hereto. PEAR NS: CarlLPearson Polly Pe on CITY OF EDMONDS By: Ma or Gary 01 akenson ATTEST/AUTHENTICATED : Jd S;;�' ( '16 Sandra S. Chase, City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: W. Scott Snyder { W S S473760. DOC;1 /00006.900000/1 AGREEMENT FOR THE INSTALLATION OF LANDSCAPING .AND REPAIR OF CUU EXHIBIT A (Phase ID Scope of Work: The restoration of the property located at 16319 751h Place West, Edmonds, WA will include the following: 1 • Removal and replacement of curb section damaged during construction. 2. Removal of debris flow that occurred dtuing'the construction sequence between curb and the rockery, and replacement of the rock materials. 3. Removal of dead and failed landscaping materials from the slope placed by City' s public contractor. 4. Importing and placement of topsoil on the lower portion of the slope and adjacent to the City 'installed pipe. 5. Planting of landscaping materials, groundcover, plants, scrubs and trees on the lower slope to enhance stability, control erosion and visually screen the pipe. 6. Installation and operation of a temporary irrigation system as necessary for the establishment of a new vegetation. 7. Restoration of additional land areas where vegetation was removed, disturbed or compacted by equipment operated by the City's public contractor. Permits: Whereas the City of Edmonds had already provided permits for. it's oxvn public contractor to perform the above work, no additional permits will be required by the Pearsons or their private contractors for the above work. Completion of Work: Whereas the Pearsons have received an estimate from a private contractor in excess of S 105,000 to restore hillside (approx. 8,000 sq. ft. damaged), it is understood by both the Pearsons and the City, that City's contribution of $10,000 to the restoration will repair about 10% (ten percent) of the damaged area, or 800 square feet. The placement of topsoil must begin at the bottom of the hill, and work towards the top. When restoration of 800 square feet has been completed, the Pearsons will notify the City Engineer. Upon acceptance by the City, the portion of the work covered udder this agreement will be considered completed, and final payment will become due within 30 days of the date of acceptance. f WSS486888.000:1/00006,0502191) AGREEMENT REGARDING INSTALLATION OF STORMWATER IMPROVEMENTS COVENANT RUNNING WITH THE LAND WHEREAS, the City of Edmonds maintains stormwater management and dewatering improvements upon the property of Carl and Polly Pearson ("subject site"); and WHEREAS, pursuant to a review by the City's consulting engineer, storm sewer improvements for the subject site have been designed and would be scheduled for construction by the City during the 2001 construction season; and WHEREAS, the Pearsons desire to install improvements which, by means of containing ponds, drop walls, stream beds and waterfalls, are more aesthetically pleasing and compatible with the landscaping of their property; and WHEREAS, the parties have agreed to cooperate in the installation of said improvements in order to achieve a level of final design and construction which meets the standards established by the City for its stormwater improvements while meeting the aesthetic needs and desires of the Pearsons, NOW, THEREFORE The City of Edmonds, Washington, a municipal corporation ("City") and Carl and Polly Pearson, husband and wife and owners of property situated at 16311 75th Place West, Edmonds, Washington, (hereinafter "the Pearsons") have entered into this Agreement in consideration of the mutual benefits to be derived and the promises and covenants contained herein: 1. Statement of Purpose. The parties have entered into this Agreement in order to authorize the Pearsons to utilize a City easement for the construction and maintenance of stormwater improvements compatible with the aesthetic and landscaping design of the Pearsons' property, while meeting the stormwater conveyance needs of the City of Edmonds. Nothing in this Agreement should be interpreted to find that the City has assumed a greater duty with respect to the Pearsons and any future owner of the subject site than is owed to any member of the general public. The parties, in making the preceding declaration, specifically rely on Washington case law such as Brown v. MacPherson's, 86 Wash, 2d. 295 (1975). 2. Undertakings of City. 2.1 The City agrees to pay the sum of $30,000 to the Pearsons in consideration of the promises contained herein, and more particularly their promise to install stormwater improvements and to maintain such improvements either personally or by their successors in interest in ownership in the subject site. Said sum shall be paid in the following manner: { WSS473742.DOC; 1/00006.900000/} 2.1.1 $5000 upon execution of this Agreement, said sum being paid in consideration of the promises contained herein and also in order to permit the Pearsons to complete design work necessary for the installation of stormwater improvements in accordance with attached Exhibits B and C, incorporated by this reference as fully as if herein set forth (hereafter "improvements"). 2.1.2 The remaining $25,000 shall be paid in two equal portions. The first portion shall be paid upon approval of a grading and/or retaining wall permits necessary to authorize the construction of the improvements to proceed and the remaining one-half upon completion of the improvements and their acceptance by the City. 2.2 The City hereby waives any and all permit fees associated with the application, review and issuance of required grading and/or retaining wall permits in order to authorize construction of the subject improvements. To the extent consistent with its obligations to other applicants, the City will make every reasonable effort to expedite review and approval of the permits, including an expedited geotechnical review by a neutral third party in accordance with the provisions of ECDC Chapter 19.05 relating to construction in earth subsidence and landslide hazard areas. 2.3 The City hereby authorizes the Pearsons, their authorized agents and assigns, and future property owners as may be necessary to fulfill the terms and conditions of the undertaking set forth below, to enter into and utilize City easements located upon the subject site for the purpose of construction, reconstruction, repair and maintenance of the stormwater improvements as shown on the attached Exhibit B and C. 3. Undertakings of Pearsons. 3.1 To utilize all funds paid pursuant to this Agreement for the design and construction of the improvements as shown on the attached Exhibits B and C. The Pearsons agree to maintain adequate records regarding expenditure of such public funds and to make them available for inspection by Washington State Auditor or any duly authorized agent of the City during normal working hours and following reasonable written notice. 3.2 Diligently pursue construction, reconstruction, completion and maintenance of the improvements. 3.3 Hold harmless and indemnify the City from any damage to the City's stormwater system caused by construction, reconstruction and/or maintenance of the improvements and to indemnify and hold harmless the City from any claim, loss or liability of negligence or intentional wrongful act of the Pearsons, their officers, agents, or employees during the design, construction, reconstruction and maintenance of the improvements, to, but only to the extent of such negligence or wrongful tortious act. The City will likewise hold harmless the Pearsons from any claim, loss or liability of any kind whether from the City or any third party for stormwater damage caused by the negligence or intentional wrongful act of the City, its officers, agents, or employees during the design, construction, reconstruction and (W SS473742.DOC;1 /00006.900000/) 2 maintenance of the improvements, to, but only to the extent of such negligence or wrongful tortious act. 3.4 Warrant that the improvements shall conform to minimum City standards as set forth in applicable City standards and, more specifically, to construct improvements and to maintain such improvements, including the cost of repair or reconstruction to the end that stormwater collected from the approximately 21.5 acres of upland is conveyed through the system to the City's drainage basin in a free and unfettered flow. The improvements shall be designed, maintained, constructed and reconstructed in a manner consistent with the drainage of the 21.5 acres with a design standard equal to a 100-year storm peak flow of 7.8 cubic feet per second during any twenty-four hour period. The Pearsons will install an 18" pipe, designing their system with sufficient head and other characteristics to enter the City's 12" pipe, based on the City's representation that its 12" pipe has sufficient head and characteristics to handle the anticipated flows, above described. 3.5 The Pearsons agree, on behalf of themselves, their estates, assignees and successors in interest in the hereinafter described subject tract to maintain, repair or reconstruct such system in perpetuity in order to convey stormwater to the catch basin owned by the City and shown on the attached Exhibit D. This promise to maintain, repair, construct and reconstruct touches and concerns the subject tract and as such is and shall be a covenant running with the land, binding all future owners of the subject tract. 3.6 In the event of the destruction of the stormwater facilities constructed hereunder, or their damage beyond any reasonable repair, the Pearsons and their successors in interest in the subject tract, hereby covenant and agree to replace such stormwater improvements in accordance with the minimum standards for such improvements then maintained by the City of Edmonds or otherwise confirming with the then existing applicable law. Nothing herein shall be interpreted to require such future replacement at the level of the original aesthetic improvements constructed pursuant to this Agreement, if the cost of such aesthetic improvements exceeds the cost of minimum improvements then required in accordance with City construction standards and/or then existing applicable law. In the event of dispute regarding the level of construction and repair required, the parties agree to submit their dispute to mediation by a mediator mutually agreed to between the parties and at their mutual cost. 3.7 This Agreement shall be recorded in order to notify any future owners, mortgagors or other persons acquiring an interest in the subject site. In addition, the Pearsons and their successors in interest covenant that they shall notify future property owners of the existence of these construction, reconstruction and maintenance responsibilities. 4.0 Subject Site: Benefited Tract. The subject site, located 16311 75`h Place West, Edmonds, Washington is legally described on the attached Exhibit A, incorporated by this reference as fully as if herein set forth. Said subject site shall be considered to be the benefited tract under this Agreement and the promises and covenants contained herein touch and concern the land and shall run with the ownership of the subject site in perpetuity until released or vacated by the City of Edmonds. (WSS473742.DOC;1 /00006.900000/) 3 5.0 Entire Agreement. This is the entire agreement between the parties, and any prior understanding, written or oral, shall be deemed merged with its provisions. This Agreement shall not be amended except in writing except with the express written consent of the parties hereto. DONE this day of , 2001. PROPERTY OWNERS: Car Pearson lly Pe son STATE OF WASHINGTON ) COUNTY OF SNOHOMISH ) On this day, personally appeared before me CARL PEARSON and POLLY PEARSON, husband wife, and declared that they signed this instrument as their free and voluntary act and deed for the uses and purposes therein mentioned. SUBSCRIBED AND SWORN TO before e this 04- day of c u5 �", 2001. n B±i(�� •`SSioN'.'� �1,/ Print Name ; 8 oOTARy M*PLIB i :UCn ATTEST/AUTHENTICATED: Sandra S. Chase, City Clerk My Commission expires: -1 - u!S CITY OF EDMONDS By: f /';ZZ7� Ma r Gary VAakenson { WSS473742.DOC;1 /00006.900000/,' 4 APPROVED AS TO FORM: OFFICE THE Ifs AT RNEY: W. Scott Snyder { WSS473742.DOC; l /00006.900000/} EXHIBIT A LEGAL DESCRIPTION 16311 75th Place West Edmonds, Washington The North 91.14 feet of Tract 62, Meadowdale Beach, as per plat recorded in Volume 5 of Plats, page 38, Records of Snohomish County, Washington. EXCEPT the West 10.00 feet thereof. EXHIBIT A Stream Bed Structural Components A, D, G - Ponds �. 13, E, H, - Drop WaIIo Drop Wall C, F, I - 5tream Beds i 1 ;,; fond 5tream Bed Drop Wall fond 5tream Bed Drop Wall ` Waterfall 5trea m A fond North Drainage Pipe to - n Pearson Lot #3 City Catch Basi i'AGE 1 -Not to Scale •Construction Methods • Ferro Cement Structures Hartley Truss System 3 foot pipe rilinos Formed and Natural Rock Concrete Stained and Sealed Components are overlapping to allow for possible ground movement H H H W ij •p Wall ,cc Stream Bed E x h'I b'l t TRACT 65 exist, 12" storm drain c TRACT 62 sport court at 1631l 75th PI W c to D Convey stormwater to existing City owned catch basing at this location not to scale i DEN OCT Q 21�33 UHYACL P. L. L. C. ATTORNGYS AT LAW 2100 Westlake Center Tower - 1601 Fifth Avenue - Seattle, WA 98101-1686 - (206) 447-7000 • Fax (206) 447-0215 W. Scott Snyder September 26, 1996 Christopher R. Osborn SHORT CRESSMAN & BURGESS, PLLC 3000 First Interstate Center 099 Tlift-d Avenue Seattle, WA 98104-4088 Re: Cara & Polly Pearson Dear Mr. Osborn: Enclosed is a revised Hold Harmless and Indemnification Agreement. I have added a sentence to the end. of paragraph 3. Hopefully, it addresses your concern that the breadth of the Agreement, in particular the language regarding permits issuance is so broad as to cover prior claims by the Pearsons. The purpose of this Agreement which has been in place as an -agreement for approximately ten years is to have property owners bear the risks associated with construction in the Meadowdale landslide subsidence mass. Please call if you have any changes or concerns. Very truly yours, WALLACE, P.L.L.C. WSS/gjz Enclosure cc: Randal Ebberson WSS143481.1SL1F0006.150.1351B0006. Wenatchee Office - One South Chelan Street - P.O. Box 1606 - Wenatchee, WA 98807 - (509) 662-1954 - Fax (509) 66+-155 CSt. 189v CITY OF EDMONDS 250 5TH AVENUE NORTH • EDMONDS, WA 98020 • (206) 771-0220 • FAX (206) 771-0221 COMMUNITY SERVICES DEPARTMENT Public Works • Planning • Parks and Recreation • Engineering August 13, 1996 Mr. Carl Pearson 8227 229th St SW Edmonds, WA 98026 RE: Plan Check #96-170 Mr. Pearson: BARBARA FAHEY MAYOR Your application is missing the required Covenant To Notify and Hold Harmless. Please complete the enclosed form and return to the Building Department. Also, be sure that both signatures, yours and your v"rife's, are notarized. Lyle Chrisman, Engineering Department, will be contacting you regarding the Site Restoration Bond amount. I am enclosing both the form for a bond and for a frozen fund account; either one is acceptable. As soon as we have received the notarized Covenant, the appropriate bond form, and verified your contractor information, we will be able to issue your permit. Thank you, Sharon Nolan if �1/ � 8 -E"�` ' rz � Permit Coordinator Al=-�, cc: Paul Mar PEARSON 1.DOC • Incorporated August 11, 1890 • Sister Cities International — Hekinan, Japan Date: To: From: Subject: CITY COPY MEMORANDUM June 10, 1996 Jeannine Graf, Building Official Sandy Chase, City Clerk Limited Settlement Agreement and Release - Pearson Scott Snyder, City Attorney, asked that I provide you with a signed copy of the above - referenced agreement. The agreement is to go to the City Council for approval on June 18. However, Scott Snyder asked that the Mayor sign the agreement at this time in order to release the building permits. A signed copy of the agreement and payment of funds to the Pearsons will occur after approval by City Council. If you have any questions, you may want to call Scott. Attachment NOT! 177> FILE: #44 & o1v rvte4d2 IVYol1CAfht7�/ fo fide C� r< m.✓ � 31— �6. 771�C�ry �vofifieaC �e4.P✓a..� .by Ax 19Yvd 44 isIL a✓ F-13-gb lVe'eutr UJAs /elm d y -/v Id-e >ss ucd . lelltSOW 116ked ct�v 11-e- Rzalr ON —ZO-/6-96 City of Edmonds LEMHED SETTLEMENT AGREEMENT AND RELEASE WHEREAS, Carl and Polly Pearson are the owners of certain real property located at 16311 - 75th Place W., Edmonds, Washington, which has been the subject of short subdivision and building permit applications. WHEREAS, the Pearsons have filed a claim with the City of Edmonds alleging losses associated with the processing of the subdivision and building permits by the City. WHEREAS, while both parties believe their respective positions to be correct, they desire to attempt to resolve one aspect of the dispute without compromising their respective claims, causes of action and defenses. NOW, THEREFORE, the City of Edmonds, Washington (hereinafter "City") and Carl Pearson and Polly Pearson, husband and wife (hereinafter "Property Owners") have entered into this Limited Settlement Agreement and Release under the terms and conditions set forth herein and in consideration of the mutual benefits to be derived: 1. Purpose. The sole purpose of this Agreement is to provide for the processing without further fee of a building permit application for a home to be constructed at 16311 - 75th Place W., Edmonds, Washington, originally the subject of expired residential building permit Nos. 910867 and 910302, and certain limited costs associated therewith. Except to the extent specifically set forth herein, each of the parties to this Agreement reserves the rights, privileges, causes of action and defenses arising from or out of incidents relating to the subdivision of property owned by the Property Owners and associated building and conditional use permits. 2. City's Obligations. The City of Edmonds promises consideration of the mutual promises contained herein by Property Owners to: 2.1 During the 1996 building season, process without further fee or by paying the fee itself a building permit application and all associated approvals, permits or reviews to construct a single-family residence at 16311 - 75th Place W., Edmonds, Washington, substantially equivalent to the house shown on applications and permits for residential dwellings Nos. 910302 and 910867, of the records of the City of Edmonds, Washington. "Substantially equivalent" shall, for the purpose of this Agreement, mean a residential structure to be constructed within the previously approved setback adjustments, not to exceed the previously reviewed and approved square footage of the building footprint. Adjustments of building footprint and location of the structure(s) shall be permitted to, but only to, the extent the location ORIGINAL i of proposed structure(s) is consistent with prior geotechnical review of the building footprint in the above -referenced permits. Minor structural changes, such as the reconfiguration of interior walls and space which do not require further geotechnical review pursuant to Chapter 19.05 of the Edmonds Community Development Code, shall be considered within this definition. Major structural changes, such as the reconfiguration of exterior walls or decks, or a significant reduction in total square footage of the residence may be permitted in accordance with the state building code and chapter 19.05 of the Edmonds Community Development Code; however, all costs associated with these specific changes shall be paid by the Property Owners. 2.2 If, but only if, the structure is required to be redesigned due to a change in the requirements of the State Building Code adopted pursuant to Title 19 of the Edmonds Community Development Code, the City will pay the limited reasonable costs associated with changes in the structure required pursuant to said changes in the State Building Code and the loss of vesting due to the expiration of prior building permits. These costs have been estimated by the Property Owners to be less than Five Thousand Dollars ($5,000.00). Such reimbursable costs shall not exceed Five Thousand Dollars ($5,000.00) without the express written consent of the City. 2.3 The City will use its best efforts and endeavor to process the permit in a prompt and timely fashion, giving priority wherever appropriate, given its other administrative needs and work projects. The City may, at its discretion, utilize contract employees in order to expeditiously process the permits. Nothing herein shall be interpreted to provide a waiver or variance from any provision of the state building code as adopted by the City, its procedures or the provisions of chapter 19.05 ECDC. 2.4 The obligations created by this paragraph shall expire on December 31, 1996, or on the expiration of the building permit issued under paragraph 2.1 and one extension thereof, such extension being requested in a timely fashion in accordance with the provisions of the State Building Code. 3. The Property Owners agree and promise as follows: 3.1 To promptly provide any and all information and signatures necessary to process the permits and any related approvals and to fully comply with the provisions of the state building code as adopted and amended by Title 19 of the Edmonds Community Development Code. By way of illustration and not limitation, limitations on construction during the period .from October tQ April of each vear or in other identified periods of potential earth subsidence or landslide hazard shall be observed. 3.2 To pay any and all costs from architect(s)' and/or engineer(s)' costs associated with changes in the structure not occasioned by or required due to changes in the State Building Code as described in paragraph 2.2 above. 2 3.3 To waive and release the City of Edmonds, its officers, agents and employees from any claim or cost associated with, but only with, the expiration of permit Nos. 910302 and 910867. This Release is limited and intended to preserve to the Property Owners claims or causes of action set forth in their claim form filed with the City on March 22, 1996, releasing only those costs or damages shown in the claim as relating to residents' permits, plans and costs, totaled at a value of $37,949. Continuing delay costs, if any, associated with construction of the home after the date of this Agreement are reserved by the Property Owners. 4. Invalidijy. In the event that any provision of this Agreement should be held to be invalid or unenforceable, the remaining provisions of the Agreement shall be preserved to the extent consistent with the laws of the State of Washington. 5. Entire Agreement. This is the entire agreement between the parties. Any understanding, written or oral, which preceded this Agreement shall be merged with, and eliminated by the provisions of this Limited Settlement Agreement and Release. THIS AGREEMENT shall not be amended except in writing by the express written consent of the parties hereto. EXECUTED THIS -7Tq_ day of -7UNtz , 1996. Approved as to form: W. Scott- Sny , City Attorney 3 V 0,2 Carl Pearson CITY OF EDMONDS: By: Its: Mayor State of Washington County of Snohomish I certify that I know or have satisfactory evidence that CAR �'" P©4 k Y he' f R SON are the persons who appeared before me, and said persons acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. (SEAL OR STANIl') Al r4A,Y Title My appointment expires // 9 /*7 WSS129762.2AGR/0006.150.135 w DEN ff RUHY L�L' P.L.L.0 L 2100 Westlake Center Tower • 1601 Fifth Avenue • Seattle, WA 98101-1686 • (206) 447-7000 • Fax (206) 447-0215 ATTORNEYS AT LAW W. Scott Snyder May 31, 1996 Paul Mar, Community Services Director Jeannine Graf, Building Official CITY OF EDMONDS 250 Fifth Avenue North Edmonds, Washington 98020 Re: Carl Pearson Agreement Dear Paul and Jeannine: Enclosed for signature is the Limited Settlement Agreement and Release. Carl called to say that the address should remain at 163"XX" as a permanent number has. not been assigned. Very truly yours, OGDEN MURPHY WALLACE, P.L.L.C. Gloria J. Zak, Legal Assistant to W. Scott Snyder nc E Enclosure WSS129772.1M/F0006.900000 Wenatchee Office • One South Chelan Street • P.O. Box 1606 • Wenatchee, WA 98807 • (509) 662-1954 • Fax (509) 663-1553 DENWA - TAU I�PHY LLACEP.L.L.C. ATTORNEYS AT LAW 2100 Westlake Center Tower • 1601 Fifth Avenue • Seattle, WA 98101-1686 • (206) 447-7000 • Fax (206) 447-0215 W. Scott Snyder April 30, 1996 Mr. & Mrs. Carl Pearson 8227 229th S.W. Edmonds, WA 98026 Re: Redraft - Limited Settlement Agreement and Release Dear Mr. Pearson: Enclosed please find an agreement amended in accordance with your comments and those of Jeannine Graf. The changes since the first draft are shown in redline. An original document for execution is also enclosed. When you and your spouse have executed the Agreement, please return it to me for presentation to the City Council at their next available agenda. I have provided a copy to the Washington Cities Insurance Authority and its representative for review as well. While I have talked on the phone to a representative, she has not seen the written agreement. There may be some modification required, in which case I will contact you immediately. Very truly yours, OGDEN MURPHY WALLACE, P.L.L.C. . Scott Snyder WSS:rin:gjz Enclosures cc: Peg Campbell Jeannine Graf WS9130937.1X/F0006.150135 Wenatchee Office • One South Chelan Street • P.O. Box 1606 • Wenatchee, WA 98807 • (509) 662-1954 • Fax (509) 663-1553 DEN ff.�HY L CE P. L. L. C. ATTORNEYS AT LAW 2100 Westlake Center Tower • 1601 Fifth Avenue • Seattle, WA 98101-1686 • (206) 447-7000 • Fax (206) 447-0215 W. Scott Snyder April 16, 1996 Mr. Carl Pearson 8227 229th S.W. Edmonds, WA 98026 Re: Limited Settlement Agreement and Release Dear Mr. Pearson: Enclosed please find a draft Limited Settlement Agreement and Release for your review. Please note that I have arbitrarily inserted a $5,000 figure as a maximum for architects' changes necessitated by code revisions. I suggest that you resolve this cost issue with your architect up front so that I have an estimate to take to the City Council which is realistic. I look forward to your comments. Very truly yours, OGDEN MURPHY WALLACE, P. L. L. C . TO EXPEDITE DEL VL, i W. Scott Snyder WSS:rin:gjz Enclosure cc: Paul Mar Jeanine Graf WSS129769.1X/F0006.150135 Wenatchee Office • One South Chelan Street • P.O. Box 1606 • Wenatchee, WA 98807 - (509) 662-1954 • Fax (509) 663-1553