The URL can be used to link to this page

Home My WebLink AboutWilson Park 2 - Settlement Agreement - Fully Executed 5-22-2019WILSON PARK 2: SETTLEMENT AND RELEASE AGREEMENT This Settlement and Release Agreement ("Settlement Agreement"), dated for reference purposes only as May 22, 2019, is entered into by and between ROBERT and DORAVIN WILSON, husband and wife, on behalf of themselves individually and their marital community, ("WILSONS"), and the CITY OF RENTON, a Washington municipal corporation, acting through its Community and Economic Development Department ("CED"). Collectively, WILSONS and CED are the "PARTIES." Recitals A. WILSONS are the applicants of a plat and planned urban development (PUD) known as Wilson Park 2. Wilson Park 2 obtained preliminary plat approval from the City of Renton on July 5, 2012, and was subject to a seven-year validity period before final plat recording was required. That seven-year period has been set to expire on July 5, 2019. B. On or about January 30, 2019, citing Renton Municipal Code (RMC) 4-7-0801.1, WILSONS requested a one-year extension of the Wilson Park 2 preliminary plat, from July 5, 2019 to July 5, 2020. C. On or about March 27, 2019, CED issued a decision denying WILSONS' request for the one-year extension, finding that the extension standard of RMC 4-7-0801.1 had not been met. D. WILSONS disputed CED's denial decision, and on or about April 19, 2019, WILSONS filed a timely appeal of CED's denial decision to the City of Renton Hearing Examiner. As of the date of this Settlement Agreement, a hearing has been scheduled on the matter but not yet held at the request of the PARTIES. E. Subsequent to the WILSONS' filing of their appeal, the PARTIES engaged in negotiations. The PARTIES have agreed upon terms that are mutually acceptable and reflect mutual benefit to WILSONS and to CED. The PARTIES desire to enter into this Settlement Agreement to effectuate those terms. The PARTIES' election to enter into this Settlement Agreement is not and should not be construed to be a reflection on the part of WILSONS or CED as to the merits of the WILSONS' appeal to the City of Renton Hearing Examiner. Agreement NOW, THEREFORE, in consideration of the covenants, promises and agreements set forth herein, the PARTIES to this Settlement Agreement agree as follows, on behalf of themselves as well as their successors and assigns: Wilson Park 2 Settlement Agreement 1. Subject to the additional terms and conditions set forth in this Settlement Agreement, the expiration date of the Wilson Park 2 preliminary plat is extended from July 5, 2019 to July 5, 2020. r G �J otr 1% e', r' S'u cc e s3;0 rs O r a 5,!;I f AS 2. WILSONVmust obtain issuance of a civil construction permit and pay all outstanding i construction permit fees no later than 5:00 pm on July 30, 2019. If this deadline is not met, Wilson Park 2 expires at 5:00 pm on July 30, 2019. 3. Construction work on the project site shall commence prior to 5:00 pm on August 15, 2019, and initial erosion control (silt fences, construction entrance, sediment pond/traps) for the site per the approved civil construction set shall be installed and undergo inspection by September 5, 2019. If any follow-up or correction is needed to pass inspection, WILSONS shall work diligently to correct such deficiencies in order to comply with City of Renton Erosion Control Standards, and no ground disturbance shall commence (other than erosion control necessary in order to accomplish this) until erosion control is in compliance. The site shall be in full compliance with the City of Renton Wet Season Requirements by October 1, 2019. If these deadlines are not met, Wilson Park 2 expires at 5:00 pm on October 1, 2019. 4. The Wilson Park 2-related public records request made on May 13, 2019 (as subsequently narrowed) is withdrawn effective as of the effective date of this Settlement Agreement. S. CED will issue a decision on the PUD, which will include conditions including required corrections to the PUD drawings, by 5:00 pm on May 24, 2019. 6. WILSONS shall provide an accurate bond quantity worksheet by 5:00 pm on May 22, 2019. If WI LSONS meet such deadline, CED will rely on the accurate bond quantity work sheet in order to provide WILSONS with the outstanding construction permit fees, as well as any other fees that may be required prior to commencing civil site construction, by 5:00 pm on May 24, 2019. 7. On behalf of themselves and any successors or assigns: (1) WILSONS agree that the Wilson Park 2 preliminary plat is not (and will not be, under any circumstances) eligible for an extension beyond July 5, 2020; (2) WILSONS waive all rights to seek any extension of the preliminary plat beyond July 5, 2020; and (3) WILSONS agree that they will not apply for or otherwise seek an extension of the preliminary plat beyond July 5, 2020. B. The PARTIES acknowledge that this Settlement Agreement is the result of a compromise and settlement of disputed claims, and that the Settlement Agreement shall not at any time or for any purpose be considered an admission of liability or responsibility (or lack thereof) by either of the PARTIES. The PARTIES agree that this Settlement Agreement is intended to be a full and final compromise, release, and settlement of all claims, demands, actions and causes of action, known or unknown, suspected or unsuspected, relating to the subject matter of Wilson Park 2 Settlement Agreement this Settlement Agreement. Consistent with this understanding, WILSONS agree to dismiss their pending appeal to the City of Renton Hearing Examiner. 9. The PARTIES agree that this Settlement Agreement constitutes the entire agreement and understanding between them as to the settlement of this matter, and terminates, supplants and supersedes any and all prior and contemporaneous understandings and agreements between them with respect to the subject matter hereof. The PARTIES acknowledge that they are not entering into this Settlement Agreement on the basis of any representation, warranty or promise not expressly contained in this Settlement Agreement, and that no promises or inducements other than those which are expressly set forth herein have been made to cause WILSONS or CED to execute this Settlement Agreement. 10. The PARTIES agree that this Settlement Agreement may not be modified or amended orally, nor any term hereof waived, except by a writing signed by WILSONS and CED or their duly authorized representatives, successors, or assigns. 11. The PARTIES acknowledge that they have had adequate opportunity to consult with independent legal counsel of their own choosing and freely to negotiate this Settlement Agreement, that they have had ample time and opportunity to review and consider this Settlement Agreement's terms, that they understand the terms and effects of this Settlement Agreement, and that they knowingly enter into this Settlement Agreement freely and without coercion of any kind. 12. This Settlement Agreement shall be governed by, construed and enforced in accordance with the internal laws of the State of Washington, without giving effect to principles and provisions thereof relating to conflict or choice of laws. Venue for any action under this Settlement Agreement shall lie in King County, Washington. 13. This Settlement Agreement may be executed in more than one counterpart and may be entered into through facsimile copies and signatures, each of which shall be deemed to be an original, and all of which when taken together shall constitute one and the same instrument. 14. This Settlement Agreement takes effect on the last date signed below by the PARTIES. CITY OF RENTON By: C. E. "Chip" Vincent, CED Administrator Dated: S 62 z j 1 Cl WILSONS By: Robert Wilson Dated: /ud Y Z 2- Wilson Park 2 Settlement Agreement Approved as to form by: aeo- 6��;) Renton City Attorney's Office By: Leslie Clark Senior Assistant City Attorney 4 By: Doravin Wilson Dated: � j — / 9 Approved as to form by: �ek C-" y for Robert and Doravin Wilson Clara Park Van Ness Feldman LLP Wilson Park 2 Settlement Agreement Approved as to form by: It I Renton City Attorney's Offices By: Leslie Clark Senior Assistant City Attorney 4 By: r9C-1 Doravin Wilson Dated: Approved as to form by: Attorney for Robert and Doravin Wilson Clara Park Van Ness Feldman LLP Wilson Park 2 Settlement Agreement Approved as to form by: Renton City Attorney's Office By: Leslie Clark Senior Assistant City Attorney 4 B 90 Y• Doravin Wilson Dated: Approved as to form by: C�, Attorney for Robert and Doravin Wilson Clara Park Van Ness Feldman LLP