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Home My WebLink AboutA 20110719000412 T - Return Address: 111 111 11 11 111 111 11 11 11 111 11 11 City Clerk's Office 20110719000412 City of Renton CITY OF RENTON AG 67.00 GE06 1055 South Grady Way 07/19/ 20111 1OF 2: 04 Renton, WA 98057 KING COUNTY, WA • Title: SETTLEMENT AGREEMENT Property Tax Parcel Numbers: 143240-0135-06 BETWEEN THE CITY OF RENTON AND ROBIN MILLER AND DIANE MILLER, HUSBAND AND WIFE Grantor(s): Grantee(s): 1. Robin Miller and Diane Miller, 1. City of Renton, a municipal corporation husband and wife ABBREVIATED LEGAL DESCRIPTION: LOT 27,BLK 7,BLK 1, CASCADE VISTA ADD, VOL 60 PLATS, PG 33 ADDITIONAL LEGAL DESCRIPTION ON PAGE(S): Exhibit A SETTLEMENT AGREEMENT BETWEEN THE CITY OF RENTON AND ROBIN MILLER AND DIANE MILLER, HUSBAND AND WIFE THIS SETTLEMENT AGREEMENT (hereinafter "Agreement") is entered into by and between the CITY OF RENTON, a municipal corporation organized and existing under the laws of the state of Washington (hereinafter referred to as "Renton"), and ROBIN MILLER and DIANE MILLER, husband and wife (hereinafter referred to as "Miller"), and both Renton and Miller which are hereafter referred to as "the Parties," and for full, mutual consideration as more specifically set forth below, hereby agree as follows: AGREEMENT 1. Purpose of Settlement Agreement. This Agreement is entered into for the express purpose of the Parties resolving and fully settling any and all claims, demands, disputes or Settlement Agreement--Page 1 of 6 • I causes of action they may have between them, including but not limited to administrative proceedings, decisions and orders of Renton and/or in the action entitled Diane Miller v. City of Renton, et al., King County Superior Court Cause No. 10-2-03438-2 KNT, related to Miller's real property and the dwelling, building and structure located thereon set forth in Paragraph 2 below. 2. Premises. This Agreement relates to the premises and dwelling, building and structure located thereon, commonly located at 16855 125th Ave SE, Renton, King County, Washington, 98058, King County Tax Parcel No. 143240-0135-06 and legally described more fully herein as set forth in EXHIBIT A attached hereto. 3. Demolition Permit for Unfit Dwelling, Building and Structure . The Parties agree that Miller shall apply for and obtain from Renton a demolition permit for removal of the dwelling, building and structure located upon the premises set forth in Paragraph 2 above, within fifteen (15) days from the date of this Agreement, excluding weekends and holidays. 4. Demolition of the Unfit Dwelling. Building and Structure. Within thirty (30) days from obtaining their demolition permit from Renton, Miller shall demolish and lawfully remove all debris resulting there from for the dwelling, building and structure at issue and located as described in Paragraph 2 above. 5. Consideration. For and in consideration of Miller obtaining a demolition permit for the dwelling, building and structure at issue in this Agreement and for demolishing the same, and for lawfully removing any and all debris resulting there from on the premises, Renton agrees to waive collection from Miller of any and all administrative fines, penalties, costs, or court costs. However, this waiver is predicated upon Miller obtaining a demolition permit as referenced above and demolishing the dwelling, building and structure at issue. If Miller fails to comply with the terms of this Agreement, Renton shall be permitted to collect any and all administrative fines, penalties, costs, or court costs imposed against Miller. 6. Right of Entry. Miller hereby does agree and grants to Renton the right to enter upon the real property referenced in Paragraph 2 above, and to demolish the unfit dwelling, building and structure at issue, and to remove any and all debris from the premises, in the event Miller fails to comply with the terms of this Agreement. Miller also agrees that if Renton enters the real property to demolish the dwelling, building and structure at issue that any and all costs incurred by Renton related thereto shall be a lien upon the real property described in Paragraph 2 above. 7. Performance. In the event Miller requires an extension of time as a result of issues relating to scheduling the demolition with a contractor or inspectors, Renton will grant a good faith request for a reasonable extension of time to demolish the dwelling, building and structure at issue. Any such request for an extension must be in writing and supported by reasonable evidence to support the extension request. No such extension shall be granted Settlement Agreement--Page 2 of 6 g I unless Miller has begun the process of obtaining the demolition permit and is making reasonable and continuous progress. 8. Severability. If any provisions of this Agreement or its application are held invalid, the remainder shall not be affected. 9. No Third-Party Rights. Nothing in this Agreement shall be construed to permit anyone other than the Parties hereto and their successors and assigns to rely upon the covenants and agreements herein contained nor to give any such third party a cause of action (as a third-party beneficiary or otherwise) on account of any nonperformance hereunder. 10. Entire Agreement. This Agreement constitutes the entire agreement between the Parties hereto and no other proposals, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. Either party may request changes in this Agreement. Proposed changes, modifications or amendments that are mutually agreed upon shall be incorporated by written amendment hereto and become part of this Agreement when signed and executed by the Parties. 11. Duplicate Originals. This Agreement shall be executed with duplicate originals, with each duplicate original having the same force and effect as the other. 12. Notices. All notices provided for in this Agreement shall be in writing, signed by an authorized official or party, and sent either by registered or certified mail, postage prepaid, return receipt requested. 12.1 Notice to the City of Renton shall be sent as follows: Mark Barber Senior Assistant City Attorney Renton City Attorney 100 S 2nd St P.O. Box 626 Renton, WA 98057 12.2 Notice to Miller shall be sent as follows: Robin Miller and Diane Miller 1814 SE 21st PL Renton, WA 98055-4554 13. Equal Opportunity to Draft. Each party has had opportunity to consult with legal counsel in connection with the negotiation, execution and delivery of this Agreement. Each of Settlement Agreement--Page 3 of 6 • the provisions of this Agreement has been reviewed and negotiated, and represents the combined work product of both parties hereto. No presumption or other rules of construction which would interpret the provisions of this Agreement in favor of or against the party preparing the same will apply in connection with the construction or interpretation of any of the provisions of this Agreement. 14. Governing Law. This Agreement and its terms and the interpretation and enforcement thereof shall in all respects be governed by the laws of the state of Washington. 15. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington. DATED: *74 // , 2011 DATED: 7/8/1/ , 2011 CITY OF RENTON ROBIN MILLER AND DIANE MILLER, HUSBAND AND WIFE 4417/ By: , 40_ X/ 1 Denis Law, Mayor Robin Miller �*•ssacp, :Attest:J) I annie JL.Walton, ity Clerk • .•. c:20,4„1„,e4, Diane Mille Approved as to form: fir•grA ...04-(4. ••• Lawrence J. Warren,ery Attorney Settlement Agreement-- Page 4 of 6 • STATE OF WASHINGTON ) ) ss. COUNTY OF KING On this day appeared Robin Miller and Diane Miller, husband and wife, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) who acknowledged and signed the above referenced instrument and that they executed this instrument as their free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that he and she were authorized to execute the said instrument. GIVEN my hand and official seal this Day of 2-44 /y , 2011. . �� 5$1Oh �'�i o9�1Z [Notary signature] MOTARy ►: Print name: Flan -ill. R 4e/'74. PUBLIC �?` Residing at: d 1 %'., ••:.os-0 '� ; My Commission expires: 7/5/ WAgN\ 11,00 Settlement Agreement-- Page 5 of 6 • 7 ti EXHBIT A LEGAL DESCRIPTION OF PREMISES LOT 27, BLOCK 1, CASCADE VISTA, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 60 OF PLATS, PAGE 33, IN KING COUNTY, WASHINGTON. Settlement Agreement-- Page 6 of 6