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Home My WebLink AboutAG 23-016 - PLANT 2, LLCRETURN TO: PW ADMIN EXT: 2700 ID #: 4195 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / 2. ORIGINATING STAFF PERSON: EJ Walsh EXT: 3. DATE REQ. BY: .3. TYPE OF DOCUMENT (CHECK ONE): p CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT p SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT p GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): p INTERLOCAL a OTHER Settlement Agreement 4. PROJECTNAME: Settlement Agreement with Plant 2 LLC - Parcel No 2021049116 5. NAME OF CONTRACTOR: Plant 2 LLC'" ADDRESS: TELEPHONE: E-MAIL: FAX: SIGNATURE NAME: TITLE: 6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES p COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP.�/ / 7. TERM: COMMENCEMENT DATE: 1 /1 0/23 COMPLETION DATE: n/a 8. TOTAL COMPENSATION: $ (INCLUDE EXPENSES AND SALES TAX, IF ANY (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: p YES 13 NO IF YES, MAXIMUM DOLLAR AMOUNT: IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED O PURCHASING: PLEASE CHARGE TO: 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER ❑ DIVISION MANAGER ❑ DEPUTY DIRECTOR _ A DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) 8 LAW DEPT 1/11/2023 10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: 10/18/22 COUNCIL APPROVAL DATE: 10/18/22 11. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: unknown DATE REC' D. unknown ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL / DATE SIGNED ❑ FINANCE DEPARTMENT ❑ LAW DEPT 8 SIGNATORY (MAYOR OR DIRECTOR A CITY CLERK Nwkfkry ❑ Assici ED AG 4 AG# -ca Cp DATE SENT: COMMENT[ EXECUTE" V ORIGINALS I /2020 SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ("Agreement") is entered into on the date of the final signature below, by the City of Federal Way, a Washington municipal corporation ("City"), and Plant 2, LLC, ("Plant 2") (collectively, the "Parties"). I. RECITALS A. Plant 2 is the owner of that certain real property in King County ("County"), Washington, commonly known as 35053 16th Ave S 98003, County Parcel No. 2021049116 ("Property"). B. On December 18, 2020, the City issued a Notice of Development Code and Water Quality Violation ("NOV") to Plant 2 regarding unpermitted paving of the Property. C. On December 29, 2020, Plant 2 appealed the NOV to the City Hearing Examiner. D. On March 9, 2021, the Hearing Examiner granted the appeal in part ("HEX Decision"), providing that Plant 2 could either (1) submit a corrective action plan to remove the paving within 30 days of the HEX Decision, or (2) submit all required plans, applications, and supporting documentation to undertake the corrective actions identified in the NOV within 30 days of the HEX Decision. E. On March 26, 2021, Plant 2 appealed the HEX Decision to Pierce County Superior Court under the Land Use Petition Act, Chapter 36.70C RCW ("LUPA Appeal"). The LUPA Appeal was subsequently stayed by stipulation, and is currently pending transfer to King County Superior Court. F. Because of the appeal and stay, Plant 2 did not timely comply with either of the corrective actions provided in the HEX Decision. The City subsequently issued several notices of accruing fines based on Plant 2's noncompliance with the terms of the HEX Decision. G. On January 5, 2022, Plant 2 completed removal of the paving at issue in the NOV. On January 12, 2022, City inspectors confirmed that Plant 2 had removed the paving, and that there were no other known or pending enforcement actions relating to the Property. H. As of January 4, 2022, the total amount of accrued fines based on Plant 2's noncompliance with the terms of the HEX Decision was $134,600.00. 1. Without admission of fault, liability, or wrong -doing, and to avoid the time, expense, and uncertainty of further litigation, the Parties wish to resolve the above -described issues (the "Dispute") by this Agreement. I1. AGREEMENT In consideration of the promises and obligations set forth below, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Incorporation. The Parties hereby incorporate by reference the above Recitals, as though fully set forth herein. 2. Fine Payment. Plant 2 shall pay the City the amount of $67,300.00 within ninety (90) days of execution of this Agreement. 3. Fine Reduction. Provided that Plant 2 fully complies with the fine payment outlined in section II.2, the remaining accrued fine amount of $67,300.00 shall be forgiven and reduced to $0.00. 4. Dismissal of LUPA Appeal. The Parties shall execute and file a stipulated motion and order dismissing the LUPA Appeal with prejudice and without an award of costs or fees to either party within twenty-one (21) days of execution of this Agreement. 5. Release. Except as to any assertion of breach of the terms of this Agreement, the Parties mutually and completely release and forever discharge each other and their agents, employees, owners, shareholders, principals, officers, directors, attorneys, insurers.. successors and assigns, of and from any and all claims of any kind whatsoever which the Parties now have, or may hereafter acquire, on account of, growing out of, or related to the Dispute, whether presently known or unknown. The release in this Section shall be fully binding upon the Parties, their assigns, and successors. 6. Entire Agreement and Successors in Interest. This Agreement contains the entire agreement between the Parties with regard to the matters set forth herein and shall be binding upon and inure to the benefit of the executors, administrators, personal representatives, heirs, successors, and assigns of each. No promises of any kind have been made in connection with this settlement, other than as stated in this Agreement. 7. Attorge s' Fees and Costs. Each Party shall each bear its own attorneys' fees and costs related to the Dispute. In any legal action arising out of this Agreement, the prevailing party Shall recover its reasonable attorney's fees and costs. 8. No Admission, It is understood and agreed by the Parties that this settlement is a compromise of a dispute, and nothing set forth herein shall be construed as an admission of liability on the part of either Party. 9. Warranty of Ownership of Claims. The Parties represent and warrant that no other person or entity has, or has had, any interest in any claims, demands, obligations, or causes of action referred to in this Agreement except as otherwise set forth in this Agreement. The Parties represent and warrant that they have not sold, assigned, transferred, conveyed, or otherwise disposed of any claims, demands, obligations, or causes of action referred to in this Agreement. 10. Understanding of Document. In entering into this Agreement, the Parties represent that they have read the terms of this Agreement and have relied upon the legal advice of their own attorneys. The Parties represent that the terms of this Agreement have been completely explained to them by their attorneys and that the terms of this Agreement are fully understood and voluntarily accepted. If the Parties entered into this Agreement without the aid of their own attorney, they acknowledge that they were provided a full and fair opportunity to review the Agreement with an attorney of their choice prior to executing the same. 11. Governing Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. 12. Execution of Agreement. This Agreement may be executed by facsimile or e-mailed signature of the Parties on separate signature pages, each of which shall be deemed an original for all purposes. By: By:: Its: Its: Date: I [ 7 Date STATE OF WASHINGTON) ) ss. COUNTY OFJ' I .r- r -L ) yor, . im Ferrell On tl-ds day personally appcared before me ' L { I 1 to me knovai to be the ?c of Plant 2. LLC that executed the foregoing instrument; and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. ,+,►+++++�+.,,, • � *�� G�` FtOD Zr � r••'a GIVEN my hand and official seal this day of s�4._r ton? ` , 2022. Not Not t " to of ❑Vashington. My -