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AG 24-024 - DANIEL IVANCHUKRETURN TO: Christina Dunlap EXT: 2648 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: CD 2. ORIGINATING STAFF PERSON: Christina Dunlap EXT: 2648 3. DATE REQ. BY 1 /30/2024 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL O OTHER VCA 22-103946-000-00-VO 5. PROJECT NAME: 27634 25TH DR S / IVANCHUK VCA 6. NAME OF CONTRACTOR:7za^ i P_\ T.,��„r�c ADDRESS: TELEPHONE E-MAIL: FAX: SIGNATURE NAME: TITLE 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE [:]ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE:, , may COMPLETION DATE: p 9. 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: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ®YES ONO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: "I" 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED O PROJECT MANAGER CJD/l/31/2024 CJD 1/31/2024 O DIRECTOR KN / 1.31.24 KN / 1.31.24 ❑ RISK MANAGEMENT (IF APPLICABLE) ©. LAW K4 k t 7,1i, ?{ 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ 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 I DATE SIGNED LAW DEPARTMENT I litk t! ©. SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK {Jq ❑ ASSIGNED AG# p ## "'^ ) +Q COMMENTS: 2/2017 41k CITY OF Federal Way Community Development Department 33325 81' Avenue South Federal Way, WA 98003 253-835-2617 w w%v.ciivoBedcraln ay.coni VOLUNTARY CORRECTION AGREEMENT AND LIMITED RIGHT OF ENTRY NOTICE AND ORDER 22-103946-VO 1. This Voluntary Correction Agreement and Limited Right of Entry ("Agreement") is entered into between the City of Federal Way, Washington, ("City") and Daniel Ivanchuk ("Property Owner"). 2. The Property Owner is the fee title owner of real property with parcel number 757560- 0130 commonly known as 27634 25th Drive S, Federal Way, Washington 98023 ("Property"). 3. The Federal Way Revised Code (FWRC) 1.15.050 authorizes the City of Federal Way ("City") to enter into a voluntary correction agreement with a person causing or allowing a violation when it determines that a violation has occurred. The City determined that a violation has occurred and on March 1, 2023, the City issued the above referenced Notice and Order of Violation ("NOV"), which is attached and incorporated here by this reference. The NOV identifies code violations occurring on the Property and was served on the Property Owner. 4. The Property Owner subsequently appealed the NOV to the City Hearing Examiner on March 7, 2023. On April 5, 2023, the Hearing Examiner held a hearing on the appeal, and on April 19, 2023 issued a Final Decision on the appeal ("Decision"). The Decision sustained all violations identified in the NOV, and affirmed the City's required corrective actions in their entirety. Property Owner did not timely appeal the Decision under the -Land Use Petition Act, Chapter 36.70C RCW, and the Decision is now final. 5. The Decision required all corrective actions specified in the NOV to be completed by May 10, 2023. The Property owner did not complete the corrective actions by the May 10, 2023 deadline. Under FWRC 1.15.040(5), a monetary penalty shall accrue for each day that each violation continues beyond the date set in the NOV. As of December 31, 2023, the violation has not been remedied, and the total accrued monetary penalty is $115,600.00. 22-103946 Ivanchuk Page 1 of 6 Doc ID 83580 6.The Property Owner agrees that the code violations exist and agrees to take the following corrective actions to correct the violations and remediate the impacts of the violations: A. By February 1, 2024, pay the City $5,000.00, representing a portion of the accrued monetary penalty. B. The Property Owner agrees that upon execution of this Agreement, the City may file the Lien Pursuant to Voluntary Correction Agreement in the form attached as Exhibit A ("Lien") against the Property, representing the remainder of the accrued monetary penalty. C. By February 1, 2024, apply for an Engineering ("EN") clearing and grading permit to permit restoration of the property to its pre -violation condition. Please contact Associate Planner Natalie Kamieniecki at Natalie.Kamieniecki@cityoffederalway.com or 253-835-2638 with questions. The complete EN application shall be submitted no later than February 1, 2024. The EN application must: a. Be submitted electronically to the Permit Center. A document upload link must be requested using the following City website: https://www.cityoffederalway.com/node/4588. The Permit Center will follow-up with an upload link and contact the Property Owner to pay the associated application fee. b. Include a geotechnical report and restoration plan prepared by a qualified geo-technical professional addressing FWRC 19.145.080 and FWRC 19.145.250, consistent with FWRC 19.145.060, and meeting the performance standards of FWRC 19.145.060(2)(b). c. Pay all necessary permit fees including payment of the invoice necessary for the City's peer review of the geo-technical report and restoration plan identified above. D. The Property Owner must diligently pursue, as determined by the City, issuance of the EN permit, which shall occur no later than August 1, 2024, unless modified pursuant to FWRC 1.15.050(3). E. The Property Owner must complete all restoration and other work under the EN permit to the City's satisfaction by no later than November 30, 2024. Upon taking the above corrective action, The Property Owner shall contact the City to inspect the Property for compliance. 7. FWRC 1.15.080 authorizes the City to abate the violation upon noncompliance with the terms of this Agreement. In the event the Property Owner fails to correct the above violations to the satisfaction of the City or to contact the City to inspect the property by November 30, 2024, the Property Owner hereby consents to a search of the Property by the City and its agents, employees, and contractors to determine if the violations persist; consents to the seizure and disposal of property that is causing the violations; and grants the City the right to enter the Property and take actions necessary to abate the violations. The Property Owner agrees to hold the City and its officials, employees, volunteers, contractors, and agents harmless from the violation and the City's abatement of the violation. 22-103946 Ivanchuk Page 2 of 6 Doc ID 83580 8. If the City corrects the violations, the Property Owner agrees to reimburse the City for all costs associated with abating the violations. The Property Owner further acknowledges that should it fail to reimburse the City, the City may file a tax lien against the Property pursuant to FWRC 1.15.080 or pursue other legal action to recover such costs. 9. This agreement does not restrict the City's right to bring enforcement actions for future violations or other past violations at the Property. 10. The monetary penalty shall cease accruing upon execution of this Agreement, and shall not begin to accrue again unless and until the Property owner fails to fully comply with all provisions of this Agreement. If the Property Owner fully complies with all provisions of this Agreement, the City will promptly release in its entirety the Lien. If the Property Owner fully complies with all provisions of this Agreement and maintains the Property free of any violations for two years from the date the Property is brought into compliance, the City will waive all additional monetary penalties associated with the above referenced NOV over and above the original $5,000.00 payment in Section 6.A. 11. The Property Owner and for the Property Owner's heirs, executors, administrators, successors and assigns release, acquit and forever discharge the City of Federal Way, its officials, employees, volunteers, contractors, and agents of and from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service, expenses and compensation whatsoever, which the Property Owner has on account of or in any way growing out of the violation, this Agreement, or the City's abatement of the violation. 12. This Agreement constitutes the entire agreement of the parties. Any amendment to this Agreement must be made in writing and signed by both parties. 13. This Agreement shall be interpreted and enforced according to the laws of the state of Washington. The venue for any dispute arising from this Agreement shall be in King County, Washington. 14. This Agreement may be specifically enforced in King County Superior Court. In any dispute over this agreement, each party will pay its own costs, including attorney's fees. 22-103946 Ivanchuk Page 3 of 6 Doc ID 83580 [Signature page follows] City of Federal Way: Nick Ruiz Date Code Enforcement Officer I declare that I have read and fully understand this Agreement and acknowledge that it involves my legal rights. I have had an opportunity to review this Agreement and consult with an attorney prior to entering into this Agreement. I warrant that I have authority to enter into this Agreement. Property Owner: 30 S nature Date �,�Q k Printed name Address R atrar W 9� UZ3 Address cont. STATE OF WASHINGTON ) ss. COUNTY OF*;� On this day personally appeared before me, )a�!,Rx -r, to me known to be the individual, or individuals described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the name as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 30 day of T�pU�+al , 20� Notary's signature KATHLEEN HOBBS Notary's printed name �rhlo1r��S NOTARY PUBLIC230310I9 Notary Public in and for the State of STATE OF WASHINGTON Washington. 01 COMMISSION EXPIRES My commission expires�Lj SEPTEMBER 11, 2027 t. 22-103946 Ivanchuk . Page 4 of 6 Doc ID 83580 EXHIBIT A When Recorded Mail To: CITY OF FEDERAL WAY 33325 81h Avenue South FEDERAL WAY, WA 98003 ATTN: Keith Niven, Community Development Director LIEN PURSUANT TO VOLUNTARY CORRECTION AGREEMENT Grantor (s): Ivanchuk, Daniel, an individual Grantee (s): CITY OF FEDERAL WAY, a Washington Municipal Corporation Property Legal Description (abbreviated): SCARBOROUGH DIV NO. 01, PLAT LOT 13 Assessor's Tax Parcel ID#(s): 7575600130 NOTICE IS HEREBY GIVEN, that this Lien is created pursuant to a Voluntary Correction Agreement made and entered into on the day of 20,-�Ll ("Voluntary Correction Agreement") by and between Daniel Ivanchuk, an individual ( Grantor") and the City of Federal Way ("Grantee"). Grantor, in consideration for the obligations and duties contained in the Voluntary Correction Agreement, hereby bargains, conveys, and sells to Grantee a lien in the amount of $110,600.00 against the real property located at 27634 25th Drive S, Federal Way, Washington 98023, as legally described as follows: SCARBOROUGH DIV NO.01, PLAT LOT 13 22-103946 Ivanchuk Page 5 of 6 Doc ID 83580 DANIEL IVANCHUK: LI-M Printed Name: 1� � �n L, Date: STATE OF WASHINGTON ) ss. COUNTY OF On this day personally appeared before me, Daniel Ivanchuk, to me known to be the individual, or individuals described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the name as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 2(icly Notary's signature [NOTARY ATHLEEN HOBBS Notary's printed name]r4-��p�� IIpl�s PUBLIC #23031019 Notary Public in and for the State of Washington. TATE OF WASHINGTON My commission expires 5eOMMISSION EXPIRESEPTEMBER 11, 2027 CITE' GT FA RAL WAY: APPROVED AS TO FORM: J iven, C4 y Development Director �ARyan all, City A e,y rr= -A" cc: Keith Niven, keith,nivenW,.citvoffiederahvay. rnni Kent Van Alstyne, kcnt.vanalst�ne,rr?citvof%deralnar.ccnn 22-103946 Ivanchuk Page 6 of 6 Doc ID 83580 Federal Way CITY OF FEDERAL WAY MS: Finance 33325 8TH AVENUE SOUTH FEDERAL WAY, WA 98003 INVOICE CD-1322 r DANIEL IVANCHUK 27634 25TH DRIVE SOUTH FEDERAL WAY, WA 98003 CITY OF FEDERAL WAY CITY HALL INVOICE MANAGEMENT SERVICES IVANCHI 33325 8TH AVE S FEDERAL WAY WA. 98003 VO 22 1 INVOICI Reg# #/Rcpt#: 001-00130361 [ CR2 ] Accounting Date: Tue, Jan 30, 2024 001-000 Date/Time: Tue, Jan 30, 2024 11:34 AM INS ********************* 9010\REVENUE-MISC 001-0000-074-359-91-000 CD-1322 IVANCHUK,D FEE AMOUNT: $ 5,000-00 RECEIPT TOTAL = $ 5,000.00 Payment Data: Pmt# :1 Payer: 1C4B%HUK/DANIEL Method: CC Ref#: 85058 AMOUNT = $ 5,000.00 RECEIPT SUMMARY TOTAL TENDERED = $ 5,000.00 RECEIPT TOTAL = $ 5,000.00 CHANGE DUE _ $ 0.00 HAVE A NICE DAY! u:1.0.3980 CUSTOMER NO. uauG INV DATE OUST. # 11/08/2023 AMT DUE I 89,600.00 DUE DATE 12/08/2023 AMOUNT PAID 'HE "CITY OF FEDERAL WAY" i YOUR REMITTANCE