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LUA00-089
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A1411111 4. . -r4 .lea .1 . i I A. , ill • lir ID I • v . _ • •• 1mm li )1 : . .. i 4 . .... __ ! i: , i. . . . . 44 i ,...___.- P . - , • : i I . i . • 4,„1„. 1 4 .•f i L• g F A 4 0 S ' 1 o I ilr' - . i .., . ,e i 4 ,, ' 106:1 .,.., li 4 4 i 1 f i _ 1..• • • b .• tt\ f r..a• • r \ I\ P' . .... . . _.„ , •.,„„... \ 1 \ , 4 ... • - • .."„....„,a0"--- . to,...0. ...,-*- . ..•*`' • • • ` Y PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is made and entered into this day of January, 2000;by and between Tammy Usibelli, hereafter called "wife" and Angelo Usibelli, Jr., hereafter called "husband." WITNESSETJ: L RECITALS 1.1 Marriage. The parties were married on October 28, 1989, in Issaquah,King County,Washington,where their marriage was registered. The parties have been since the date of their marriage and now are husband and wife. I.2 :Child . There are no children of this marriage and the wife is not now , :pregnant. 1.3 Separation. The parties have been separated since M 11999. 1.4 Aissolutigf. The husband commenced an action for dissolution of marriage on August 10, 1999, under King County Cause No. 99-3-05942-9 SEA. Both parties are desirous of settling forever their respective rights as to their property and liabilities arising out of their marriage relationship, and of effecting a complete settlement of any and all claims that either may have against the other, it being their desire to avoid the expense and uncertainty of litigation of any and all questions regarding their respective rights. • 247790.1/5137201 U014380.00005 I -ma: 1.5 efftstysnm. This Agreement is not a contract that the marriage will be dissolved. It shall be effective from the date of its execution referenced above. When a decree of dissolution is entered by the court, this Agreement shall be incorporated therein and shall be ratified and approved by the court as a full and complete settlement of all issues addressed hereby. Nevertheless this Agreement shall be enforceable independently of any such decree,and each party shall have all rights provided by this contract in addition to any and all rights accorded by law. 1.6 Warranties. Both parties acknowledge that this Agreement is fair.and • equitable and that the properties and obligations hereinafter listed and disposed of constitute all of the properties and liabilities of the parties,both separate and community. Each party has made a fill and complete disclosure to the other of all property acquired and all obliga- tions inu.Au4.4 uy either of them prior to the date of this Agreement,greement,and each has disclosed: his or her respective income, benefits, and other interests, including, but not limited to, all employment benefits, pensions, annuities, life insurance contracts, and all other property interests or rights. If it shall be determined hereafter by a court of competent jurisdiction that either the husband or the wife is now possessed of any property interests not set forth in this Agreement or otherwise disclosed to the other party,or that either of them has made, without the consent of the other,any gifts or transfers of the community property other than those mentioned herein or otherwise agreed to between the parties, then each of the parties consents and agrees to pay to the other, upon demand, an amount equal to one-half of the 241790.U5072o11/0I43 o.Qoo05 2 • fair market value of such property as of the date of this Agreement or of the date of demand. whichever is greater. Each party acknowledges that he or she has knowledge as to alb personal and real property of the parties,the values thereof.the location of all propertie .the current benefits flowing therefrom, and any encumbrances-thereon. IL CONSIDERATION • In consideration ofthe mutual promises,agreements,and covenants contained herein, and in consideration of the desire of the parties to make an amicable settlement of their marital rights,and other good and valuable consideration herein expressed,the sufficiency of which consideration is hereby acknowledged, and based upon the above recitals, the parties hereto now agree as follows: 'IlI. AINTENANCX Neither spouse is responsible for paying any maintenance to the other spouse. IV. DIVISION OF PROPERTY 4.1 Property to Wife. The wife shall have as her sole and.separate property, together with any property or liability insurance covering said property, and the husband hereby quitclaims to the wife all of the following: a. Th940,80 Glen River MobileR e,Serial Number C-148 IXY,located at 6733 Preston-Fall City Road S.E., King County,Issaquah, WA 98037,and real pro Pay at same address(King County Tax Parcel Numbers 282407-9021-09 and 272407-9030-09), legally described as follows: SEE ATTACHED EXHIBIT A. ,gliL /J 247790.l(5872011/014380.0000S 3 L tJ -�� • b. Al.!, of the business, T&A Plus, Incorporated, including•any_,and alb.,. stock, rights, titles, interest, equipment, inventories, permits, leases, licenses, insurance policies,vendor contracts,accounts receivable,all corporate and/or business bank accounts (including,but not limited to US.Bank accounts: 1-535-0157-63 15; 1-535-0157-9186;and 1-535-0362-6050) in any financial institutions. Said business interest includes but is not limited to two adult video stores named: 1. T&A Adult Video 19500 Pacific Highway South, Suites B and C Federal Way, WA 98003 2. Dan's Adult Video Variety 430 Sunset Boulevard North rt� Renton, WA 98055 Q � All of the husband's stock shall be transferred to the wife. s corporate,officers"cop° ,931.'t i. •1 • it., a _ ,can. in othardottunents necessary=toeffectuate;tlthturnoyer'.ofthe business interests to th 'i l The husband shall prude dd wi th aith.at fie end bMiness r ilsurance- . P licenses, ms; iticl of 0 d"Bylaws alt itocoments latt re and/or combinations� klys mbsnattons to all of ci.�„�,y 4,,.:-cax.+S':.ear z�,,o:�.:.. _ the business safes, alarm codes for all of the businesses. Thttbusband a it czle and sign over all and bus punts to the 247790.I/50720 t Y014380.00005 4 The husband is responsible-fora : : ; ; , . •; ill ....�,.�:_� • t corpora�a� d, t an4 oh ..: d_.grior to Febriary:d . The wife is responsible for and shall indemnify and hold the husband harmless from all corporate and business debts and obligations incurred after February 1, 2000. The husband shall cooperate in closing and/or changing all business creditor accounts to the.wife's name,including charge accounts,by February 1,200. The husband covenants not to compete with the wife's business, T&A Plus, Incorporated, either as sole proprietor or in partnership (including as a silent partner), by conducting any business involving adult videos, adult books, adult magazines, adult toys and/or accessories, including sales and/or rentals,within the same town or city where T&A Plus, Incorporated conducts business, for a period of five (5) years, commencing on 1 ►:I,OOOG.The husband further covenan is thathe shall�not utilize the Sameorsimilar .. name as T&A Plus, Incorporated or the names of the businesses currently operated under T&A Plus, Incorporated, including T&A Adult Video Boutique. The husband further covenants that he shall not utilize in advertising or in any other manner or venue that he is a former owner of T&A Plus,Incorporated or that the business is"relocating"or"under new management." The husband shall cooperate in spending six(6)weeks to provide "training" for the wife for allaspects of the business operations and procedures, including on-site training; bookkeeping and accounting. The wife may include other employees or assistants as part 247790.1/50720 I trot 4380.00005 5 of this training. Training shall occur from the hours of 8:00 a.m. until the husband leaves the business that day. For said training, the wife shall pay the husband$4,000, at S666.67 per week,commencing on February 1,2000. This period of training may be decreased only at the discretion of the wife in writing. • The wife shall take over the business as of February 1, 2000. Pending same, wife shall have complete access to the business and the daily cash receipt tapes. c. 1992 VR4 Mitsubishi. d. 1986 Toyota Corolla. e. Any and all checking, savings, or credit union accounts in her own name in any financial institution. f. Any and all retirement benefits, sick leave, vacation pay, bonuses, lid other�beipefits sac credd or accruing to her virtue o ' by f her pasteploymegt: g. The wife's clothing rpersonal effects, appliances, antique furniture and other household items in her possession. ° 4.2 Property to Husband. The husband shall have as his sole and separate property, together with any property or liability insurance covering said property, and the wife hereby quit claims to the husband all of the following: a. The residence Iocated at 41312 Southeast 130th Street, North Bend, Washington 98045,King County Tax Parcel#162308-9089-02,legally described as follows: 247790.1/S0720t 1ro1 43d0.00005 6 PARCEL A: Lot 1 of King County Short Plat No. L93S0053, . recorded under recording No. 9809 1 09011, in King County, Washington. PARCEL B: An easement for ingress and egress as delineated on said short plat; except that portion lying with said Lot 1. b. The wife shall pay the husband $50,000 upon the execution of this Agreement. c. 1977_Chevrolet-Corkiette. n J . 199 '` J e. 19' 2; 7 1500 Pickup. f. 1977 non Motorhome, ,- g. Any and all checking, savings, or credit union accounts in his own ~, w 'y' Ostituticm. • h. AO and all retirement benefits, sick leave, vacation pay, bonuses, insurance, and other benefits accrued or accruing to him by virtue of his past or present employment. i. The husband's clothing,jewelry, personal effects,and other household items is his possession. 4.3 Division of Employment Benefits and Causes of Action, Each of the parties through whom a legal right of action is derived, which has not otherwise:been awarded herein, is awarded said causes of action. Further, each party is awarded those rights and benefits not otherwise awarded herein which were derived as a result of his or her past or 247790.1/3972011/014380.00005 7 • present employment, union affiliation, military service, United States or other citizenship and/or residence within a state, all of which include, but are not limited to: Various forms of insurance, rights of Social Security payments, welfare payments, unemployment compensation payments, disability Medicare and Medicaid payments, retirement benefits, sick leave benefits,, educational benefits and grants, interests in health or welfare plans and profit sharing plans, and all other legislated, contractual and/or donated benefits, whether vested or nonvested and/or directly or indirectly derived through the activity of that specific party;provided,however,that said benefit or benefits have not otherwise specifically been awarded herein; and provided, further, that marriage to the party through whose activity said benefits have been accrued shall not be an indirect basis for an award of that benefit. Each of the parties hereby waives or releases any claim or cause of action which he or she has against the other which has accrued prior to the date of execution hereof. This provision specifically includes actions for personal injuries and other actions, , but_ldoes•i not.include any action for undisclosed or undistributed property not described is herein, It is the agreement of the parties that any such undisclosed or undistributed property shall be divided between them with fifty percent(50%)awarded to the wife and fifty percent (50%) awarded to the husband. It is further agreed that from the share allocated to the nondisclosing spouse,the other spouse shall receive sufficient funds to fully reimburse any and all expenses, costs or attorney fees incurred in discovering and claiming the previously undisclosed assets. • 247790.I/$9720l1roI43so.00005 8 . V. AFTER-ACQUIRED PROPERTY Any and all property acquired by either party after the date of separation of May I, 1999,.shall be his or her sole and separate property and neither party shall hereafter have any claims thereto. VI. LkABILITIES 6.1 Wife'$Akiigations. The wife shall assume and pay the following obligatio., and shall hold the husband harmless therefrom and indemnify him therefore: a. Any and all obligations relating to the real property awarded to the wife in Section 4.1 herein, including but not limited to the obligation to the wife's mother. The wife shall make a good faith effort to have the husband's name removed from the mortgage contraict,including a refinance, within one year of execution of this Agreement. b Except as prvided in paragraph 4.1(b) and 6:2(041), any.andall liabili ies and obligations relating to T&A Plus,Incorporated and the business awarded to the wife in paragraph 4.1(b),including but not limited to,the obligations owing to her,father Dan Thurman. c. Any and all credit card balances in the wife's nan 6.2 Husband's Obligatigrls, Thp husband shall assume and pay the following obligations andishall hold the wife harmless therefrom and indemnify her therefore: a. Any and all obligation relating to the real property awarded to the husband in paragraph 4.2 above. The husband shall make a good faith effort to have the 247790. .5137201 fro 14M.00005 9 wife's name removed from the mortgage contract, including a refinance,within one year of execution of this Agreement. b. Any and all credit card balances in the husband's:name alone. c. The following credit cards: 1. American Express • 2 #373274375833001 . 7 '' (ink the amb ofDan's Video and husband). • \ \ 2. MasterCard #55880000012185I9 (in di name of T&A Video and.busband) 3. Visa #4046910011239004 (in th!:Om of T&A Adult:Video Plus and husband) #5477.537333059016 . _. ;�: ;°�; (in thl ame of T&A Adult Video and husband) d. U.S.Bank Commercial Loan#0000000042. e. Corporate and business obligations as provided in paragraph 4.10). 6.3 Post-Separation Obligations, Each ofthe parties shall assume and pay any and all obligations incurred by him or her subsequent to the separation of the.parties,and shall hold the other harmless therefrom and indemnify the other therefore. 6.4 Income Taney. The parties shall cooperate in preparing joint personal and corporate tax returns for the 1999 calendar year. The husband and wife shall be equally responsible for any taxes due on said returns. Any refunds shall be shared equally by the 247190.u5B72o l fro 143$o.00005 10 parties. The husband shall prepare and file the Corporate return in the same manner as iJ; previous years. 6.5 Prior Tax Return. Should any deficiency, penalty or interest be incurred as a result of an audit of any of the parties'joint federal personal income tax returns, the same shall be divided equally between the parties. 6.6 Secured Obligationt5. Unless otherwise specifically provided herein each party shall assume and pay any and all outstanding obligations relating to property received by him or her hereunder, and shall hold the other harmless therefrom and indemnify the other therefore. 6.7 Attojngys'iyej. Each party should be responsible for his or her own attorneys' fees incurred in this matter. ( VII. GflNIERAI,PROVISIONS �.I B hiding Effect. This Agreement is binding upon the respective heirs,personal representatives and assigns of the parties hereto. The parties are not contracting for a marriage dissolution. However, if a decree of dissolution of marriage is entered, this Agreement shall be confirmed by the court as and for a full and complete settlement between the parties of their property and marital rights and shall be embodied in such decree or incorporated therein as though fully set forth and each of the parties shall be required to carry out the terms thereof. 24779O.1i5 7aai!roia)so.0000s 11 • 7.2 EntireA ncin..,.. This instrument embodies the entire Agreement of the ae.l 1 parties as to the subject matter covered thereby,and there are no other agreements existing between the parties with reference to such matters. 7.3 kihmingat. Each party acknowledges that.he or she is enteringinto' . this Agreement of his or her own free will and that no coercion, force, pressure or'undue influence has been employed against either party in negotiations'Ieading to the execution of this Agreement either by the:otherparty or by any otheireeritiik Each partydeclares that no reliance whatsoever has been placed upon any representations other than those expressly set forth herein. 7.4 Fulfilltitent9fAgreemenl, ,. t Ea :•._ t"�ta4 ere'b.•y tOL:,#•:R..ecum_:o.t s- ..„a �._�:J a�i..-ll V-- •_ P deeds.applicat3ons,security agreements,waivers:orrelinquishne i =t i '"a * W •to carry mit.the_terms.of this A : carryoutthiffetinsci Agreement shall be responsible for any court costs and reasonable attoffitifIlftifthootherpatiinictirred as a result Drawl `failure. 7.5 M9difitation. No modification or waiver of any of the terms of this Agreement shall be valid as between the parties unless made in writing and executed with the same formalities as this Agreement,and no waiver of any breach or default hereunder shall be deemed a walvcr of any subsequent breach or default of the same or similar nature no matter how made or how often recurring. 247790.1/3137201!/014380.00005 12 7.6 R Inyalidj y :In the event that any-portiart of this AgrecRtenf`shall be declared invalid by any court of competent jurisdiction,those parts not at issue shalt remain in full force and eft. 7.7 Legal Representation, Each party hereby stipulates that he or she has been represented in negotiations for the preparation of this Agreement by counsel of his or her own choosing. The husband was represented by James A.Oliver and Lisa A. Wolfard,and the wife was represented by Sondra S. Lustgarten. 7.8 Definitions. As used herein, the singular shall include the plural and the masculine,feminine or neuter gender shall be used interchangeably where appropriate,but in all cases shall not be used to thwart the purpose of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be ' f exeCut40 thin date, i Tammy Usibelli C gel sibelli, 4;62/446,1- 247790.1/S97201 1ro 14310.00005 13 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Tammy Usibelli is the person who appeared before me and said person acknowledged that she signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in the instrument. DATED: , 2000. (Seal:or stamp) Printed Name: Notary Public in and for the State of Washington residing at My appointment expires STATE OF WASHINGTON ) ss. COOsITY Ki c ) I certify that I know or have satisfactory evidence that Angelo Usibelli, Jr., is the person who appeared before me and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. DATED: On/we( /1 ,2000. (Seal or stamp) • ,,,� 6 Pri ed Name: c5 #ah21 L. 77PP Notary Public in d for the State of Washington residing at ,aay 'v j My appointment expires /410 geoidans 2477510.I/3872011/0143b0.0000S 14 • • • LEGAL DESCRIPTION That portion cf the Northeast quarter of Section 28, Township 24 North, Range 7 East W.M. , in King County, Washington, described as follows: Beginning at a point where the Southerly line of the right of way of the Snoqualmie Branch of Northern Railroad intersects the East line of section 28, Township 24 North, Ran w.N. , in King County, Washington, which point7 East et, more or less, South along said East line from the Northeast corner of Section 28; thane Southwesterly along said Southerly line of the Northern Pacific Railroad, 850 feet; thence Southeasterly from and at right angles to said right of way at thispoint to the Northerly line of State Road No. 2, as conveyed to King County be deed recorded under Recording No. 5266962,: thence Northeasterly along said road line to its intersection with the East line of said Section 28; thence North along said Section line to the point of beginning; EXCEPT the Northwesterly 50 feet thereof as conveyed to Northerly Pacific Railroad Company, be deed recorded in Volume 2955 of deeds, page 522, under Recording No. 4244734; ALSO The West 1.45 acres, the East line of which is parallel with the Viet lute of said Section of the following: That portion of the Northwest quarter of Sectio-27, Township 24 North, Range 7 East W.K. , in King County, Washington, described as follows: Beginning at a point on the Southerly line of the right o* way 3 of the Snoqualmie Branch of the Northern Pacific Railroad 527 tC feet, more Or less, South on a line from the Northwest corner 00 of Section 27, Township 24 North, Range 7 East W.M.., in King 0 • County, Washington; • thence Northeasterly along said right of way line, 975 feet to Raging River; ON thence Southwesterly along the river to the Northerly line of State Road No. 2, as conveyed to King County by deed recorded under Recording No. 5266963; thence Southwesterly along said road line to an intersection with the West line of said Section 27, Township 24 North, Range 7 East w.M. , in King County, Washington; thence North on said section line to the point of beginning; EXCEPT such portion, if any, lying within Section 22, Township 24 North, Range 7 East N.M. , in King County, Washington; EXCEPT all coal and iron and the right to explore for and mine the same. . Situate in the County of King, State of Washington. Sent By: Suite 200 Associates; lob 441:1 1L5G; ueu- 'a-uu iu• iu, FACSIMILE Law Offices of FAX: 206-448-2252 COVER GILBER'I' H. LEVY CONFIRM: 206-443-0670 SHEET Suite 200 Market Place 'I'wo 2001 Western Avenue Seattle, WA 98121 TO: Name: Red Kaufman, Hearing Examiner Company: City of Renton Fax Number: 425 430-6523 Phone Number: 425 430-6515 FROM: Name: Gilbert H. Levy Message: Accompaning Property Settlement Agreement re Dan's Adult Video LUA-00-089. Thank you. INTERNAL USE: Name of Client: Dan's Adult Video Date Submitted: December 13, 2000 There are,l5pages in this transmittal, including this cover page. IF YOU DO NOT RECEIVE ALL PAGES PLEASE CALL THE UNDERSIGNED AT 206-443-0670 Ope; tor This message is intended for the use of the individual or entity to which it is transmitted and may contain information that is privileged, confidential and exempt from disclosure under applicable laws. If the reader of this communication is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephotte,,(call collect if appropriate), Thank you. • �? FIB-:L C,-'�r7 • l;' ijtj L.1 �t u 1j ,d'L ld ii'f3Lij a:� Sent By:,Suite 200 Associates; 206 448 2252; Dec-13-00 10:18; rage z HUUL I VIDEO 425 226 1124 p. 1 • REIBROWE al DEC 1 3 2000 PROPERTY SETTLEMENT AGREEMENT CITY OF RENTON HEARING EXAMINER THIS AGREEMENT is made and entered into this #4 b day of January, 2000, by and between Tammy Usibeili, hereafter called "wife" and Angelo Usibelli, Jr., hereafter called "husband." WITNESSETH: I. RECITALS 1.1 Marriage. The parties were married on October 28, 1989, in Issaquah, King County, Washington,where their marriage was registered. The parties have been since the date of their marriage and now are husband and wife. 1.2 Children. There are no children of this marriage and the wife is not now , pregnant. 1.3 Separation. The parties have been separated since May 1, 1999, 1.4 Dissolution. The husband commenced an action for dissolution of marriage on August 10, 1999, under King County Cause No, 99-3-05942-9 SEA. Both parties are desirous of settling forever their respective rights as to their property and liabilities arising out of their marriage relationship, and of effecting a complete settlement of any and all claims that either may have against the other, it being their desire to avoid the expense and uncertainty of litigation of any and all questions regarding their respective rights. 2-17790.1/5872011/014380.0000s 1 Sent By:, Suite 200 Associates; 206 448 2252; oec-i;3-uu lu:1 ; re�ye . uv vv ic: Vt,p LIMN 'S ADULT VIDEO 425 226 1124 p. 2 1.5 Effectiveness. This Agreement is not a contract that the marriage will be dissolved. It shall be effective from the date of its execution referenced above. When a decree of dissolution is entered by the court, this Agreement shall be incorporated therein and shall be ratified and approved by the court as a full and complete settlement of all issues addressed hereby. Nevertheless this Agreement shall be enforceable independently of any such decree, and each party shall have all rights provided by this contract in addition to any and all rights accorded by law. 1.6 Warranties. Both parties acknowledge that this Agreement is fair and equitable and that the properties and obligations hereinafter listed and disposed of constitute all of the properties and liabilities of the parties, both separate and community. Each party has made a full and complete disclosure to the other of all property acquired and all obliga- , ' lions incurred by either of them prior to the date of this Agreement, and each has disclosed his or her respective income, benefits,and other interests, including, but not limited to, all employment benefits, pensions, annuities, life insurance contracts, and all other property interests or rights. If it shall be determined hereafter by a court of competent jurisdiction that either the husband or the wife is now possessed of any property interests not set forth in this Agreement or otherwise disclosed to the other party,or that either of them has made, without the consent of the other, any gifts or transfers of the community property other than those mentioned herein or otherwise agreed to between the parties, then each of the parties consents and agrees to pay to the other, upon demand, an amount cqual to one-half of t11c 247790 VS072011/014380.0000$ 2 LUC) 44tl Sent By: Suite 200 Associates; [eoc; UCl - i. -uU ayo ���• ww ■c= uoP lihn'5 MOULT VIDEO 425 22S 1124 p, 3 fair market value of such property as of the date of this Agreement or of the date of demand, whichever is greater. Each party acknowledges that he or she has knowledge as to all personal and real property of the parties, the values thereof,the location of all properties,the current benefits flowing therefrom, and any encumbrances thereon. II. CONSIDERATION In consideration ofthe mutual promises,agreements,and covenants contained herein, and in consideration of the desire of the parties to make an amicable settlement of their marital rights, and other good and valuable consideration herein expressed, the sufficiency of which consideration is hereby acknowledged, and based upon the above recitals, the parties hereto now agree as follows: III. MAINTENANCE Neither spouse is responsible for paying any maintenance to the other spouse. IV. DIVISION OF PROPERTY 4.1 Property to Wife. The wife shall have as her sole and separate property, together with any property or liability insurance covering said property, and the husband hereby quitclaims to the wife all of the following: a. The 1980 Glen River Mobile Home,Serial Number C-I 481XY,located at 6733 Preston-Fall City Road S.E., King County, Issaquah, WA 98037, and real property at same address(King County Tax Parcel Numbers 282407-9021-09 and 272407-9030-09), legally described as follows: SEE ATTACHED EXIIIBIT A. 247790.1/597201 ICU 14J 80.00D04 3 sent By: suite zuu Associates; LL�L, ucv- i.J iv.c.v, -• �- -�• -••+r unn a HLULLuoI v44ol1Jt0 425 226 1124 P. 4 b. All of the business, T&A Plus, Incorporated, including any and all stock, rights, titles, interest, equipment, inventories, permits, leases, licenses, insurance policies,vendor contracts,accounts receivable,all corporate and/or business bank accounts (including, but not limited to US Bank accounts: 1-535-0157-6315; 1-535-0157-9186;and 1-535-0362-6050) in any financial institutions. Said business interest includes but is not limited to two adult video stores named; 1. T&A Adult Video 19500 Pacific Highway South, Suites B and C Federal Way, WA 98003 2. Dan's Adult Video Variety 430 Sunset Boulevard North Renton, WA 98055 All of the husband's stock shall be transferred to the wife. The husband shall cooperate in executing all documents necessary for changing corporate officers, corporate financial institution accounts, tax filings of all kinds and any other documents necessary to effectuate the turnover of the business interests to the wife. The husband shall provide the wife with all corporate and business related insurance policies, permits, licenses, leases, Articles of Incorporation and Bylaws, all documents relating to the Corporation, keys to all of the businesses, keys and/or combinations to all of the business safes, alarm codes for all of the businesses. The husband shall reconcile and sign over all corporate and business accounts to the 7 (Sevt wife by February2000. J• )�Jl 2J7790.I/SH7201!/014310.00005 4 Sent By: Suite 200 Associates; 206 448 2252; uec-i;3-uu iu:2u; rage 0/ ID -- •+�N Lni7 -5 I1UUL l VIDEO 425 226 1124 p. 5 The husband is responsible for and shall indemnify and hold the wife harmless from all corporate and business debts and obligations incurred prior to February? �SFve��. e, 2000 (T-v��... The wife is responsible for and shall indemnify and hold the husband harmless from 7 (se ve>r) all corporate and business debts and obligations incurred after February)(, 2000. The husband shall cooperate in closing and/or changing all business creditor accou� 1 ,,5e✓c to the wife's name, including charge accounts, by February,', 2000. T. rr'' ..rrII._1 The husband covenants not to compete with the wife's business, A Plus, Incorporated, either as sole proprietor or in partnership (including as a silent partner), by conducting any business involving adult videos, adult books, adult magazines, adult toys and/or accessories, including sales and/or rentals, within the same town or city where T&A Plus, Incorporated conducts business, for a period of five (5) years, commencing on (Se Yen) P-L.. UAtc,1 r,‘ - February 2 2000, The husband furthel ovenants that he shall not utilize the same or similar name as T&A Plus, Incorporated or the names of the businesses currently operated under T&A Plus, Incorporated, including T&A Adult Video Boutique, The husband further covenants that he shall not utilize in advertising or in any other manner or venue that he is a former owner of T&A Plus,Incorporated or that the business is "relocating"or"under new management." The husband shall cooperate in spending six(6) weeks to provide "training" for the wife for all aspects of the business operations and procedures, including on-site training, bookkeeping and accounting. The wife may include other employees or assistants as part 247790.1/537201 1/014380.00005 5 Sent By: Suite 200 Associates; 206 446 2252; uec-»-uu iu:ci , rnyc ii . .,�.. uo uu 14: uup WIN 'S ADULT VIDEO 425 226 1124 P- 6 of this training. Training shall occur from the hours of 8:00 a.m. until the husband leaves the business that day. For said training, the wife shall pay the husband $4,000, at S666,67 per week, commencing on February 1,2000. This period of training may be decreased only at the discretion of the wife in writing. l / �J CSeVe • The wife shall take over the business as of February X, 2000. Pending same, wife shall have complete access to the business and the daily cash receipt tapes. c. 1992 VR4 Mitsubishi. d. 1986 Toyota Corolla. e. Any and all checking, savings, or credit union accounts in her own name in any financial institution. f. Any and all retirement benefits, sick leave, vacation pay, bonuses, insurance, and other benefits accrued or accruing to her by virtue of her past employment. g. "Ihe wife's clothing, jewelry, personal effects, appliances, antique furniture and other household items in her possession. 4.2 Praperry to Husband. The husband shall have as his sole and separate property, together with any property or liability insurance covering said property, and the wife hereby quit claims to the husband all of the following: a. The residence located at 41312 Southeast 130'h Street, North Bend, Washington 98045,King County Tax Parcel#162308-9089-02,legally described as follows: 247790.1/5B7201!/014380.000W 6 Sent By: suite 1UU Associates; LUCJ 440 teoei ueU- i. -uu iu.ci rnyc ui - - - -- --- -�r •+nl1 • a I1LUL I v 1 utU 425 226 1 124 P• 7 PARCEL A: Lot 1 of King County Short Plat No. L93S0053, recorded under recording No. 9809109011, in King County, Washington. PARCEL B: An casement for ingress and egress as delineated on said short plat; except that portion lying with said Lot 1. b. The wife shall pay the husband S50,000 upon the execution of this Agreement. c. 1977 Chevrolet Corvette. d. 1992 Chevrolet 4x4. e. 1972 Mazda 1500 Pickup. f. 1977 Titon Motorhome. g. Any and all checking, savings, or credit union accounts in his own name in any financial institution. h. Any and all retirement benefits, sick leave, vacation pay, bonuses, insurance, and other benefits accrued or accruing to him by virtue of his past or present employment. i. The husband's clothing,jewelry,personal effects,and other household items in his possession. 4.3 Division of Employment Benefits and Causes of Action. Each of the parties through whom a legal right of action is derived, which has not otherwise been awarded herein, is awarded said causes of action. Further, each party is awarded those rights and benefits not otherwise awarded herein which were derived as a result of his or her past or 247790.1/tB720I!/014380.00 M 7 Sent By: Suite 200 Associates; 206 448 2252; uec-1:3-uu iu:Gi ; rage aiiD rtuuL I vI11EU 425 226 1 124 p. 8 present employment, union affiliation, military service, United States or other citizenship and/or residence within a state, all of which include,'but are not limited to: Various forms of insurance, rights of Social Security payments, welfare payments, unemployment compensation payments, disability payments, Medicare and Medicaid payments, retirement benefits, sick leave benefits, educational benefits and grants,interests in health or welfare plans and profit sharing plans, and all other legislated, contractual and/or donated benefits, whether vested or nonvested and/or directly or indirectly derived through the activity of that specific party;provided,however, that said benefit or benefits have not otherwise specifically been awarded herein; and provided, further, that marriage to the party through whose activity said benefits have been accrued shall not be an indirect basis for an award of that benefit. Each of the parties hereby waives or releases any claim or cause of action which he or she has against the other which has accrued prior to the date of execution hereof. This provision specifically includes actions for personal injuries and other actions, but does not include any action for undisclosed or undistributed property not described herein. It is the agreement of the parties that any such undisclosed or undistributed property shall be divided between them with fifty percent(50%)awarded to the wife and fifty percent (50%) awarded to the husband. It is further agreed that from the share allocated to the nondisclosing spouse,the other spouse shall receive sufficient funds to fully reimburse any and all expenses, costs or attorney fees incurred in discovering and claiming the previously undisclosed assets. 247790.W1372011/014380.u0005 8 Sent By: Suite 200 Associates; 20ti 448 22b2; uec-l:7-uu 1u: L; rage iu/ iD -• --� _L: a up Lnn a h1UUL I V l lltt) 425 226 1124 p• 9 • V. AFTER-ACQUIRED PROPERTY Any and all property acquired by either party after the date of separation of May 1, 1999,shall be his or her sole and separate property and neither party shall hereafter have any claims thereto. VI. LIABILITIES 6.1 Wife'S Qbliggions. The wife shall assume and pay the following obligations and shall hold the husband harmless therefrom and indemnify him therefore: a. Any and all obligations relating to the real property awarded to the wife in Section 4.1 herein, including but not limited to the obligation to the wife's mother. The wife shall make a good faith effort to have the husband's name removed from the mortgage contract, including a refinance, within one year of execution of this Agreement. b. Except as provided in paragraphs 4.1(b) and 6.2(c)(d), any and all liabilities and obligations relating to T&A Plus, Incorporated and the business awarded to the wife in paragraph 4.1(b),including but not limited to,the obligations owing to her, father Dan Thurman. c. Any and all credit card balances in the wife's name alone. 6.2 Husband's Obligations. The husband shall assume and pay the following obligations and shall hold the wife harmless therefrom and indemnify her therefore: a. Any and all obligation relating to the real property awarded to the husband in paragraph 4.2 above. The husband shall make a good faith effort to have the '47790.t/5137201!/0143 B).00005 9 Sent By; Suite 200 Associates; 206 448 2252; Dec-13-00 10:22; Page 11 /15 • uec Ub UU 12: 11p DAN 'S ADULT VIDEO 425 22S 1124 p. 10 wife's name removed from the mortgage contract, including a refinance, within one year of execution of this Agreement. b. Any and all credit card balances in the husband's name alone. c. The following credit cards: 1. American Express #373274375833001 (in the name of Dan's Video and husband) 2. MasterCard #5588000001218519 (in the name of T&A Video and husband) 3. Visa #4046910011239004 (in the name of T&A Adult Video Plus and husband) 4. MasterCard #5477537333059016 (in the name of T&A Adult Video and husband) d. U.S. Bank Commercial Loan#0000000042. e. - Corporate and business obligations as provided in paragraph 4.1(b). 6.3 Post-Separ. tiort Obligations. Each of the parties shall assume and pay any and all obligations incurred by him or her subsequent to the separation of the parties, and shall hold the other harmless therefrom and indemnify the other therefore. 6.4 Income Taxes. The parties shall cooperate in preparing joint personal and corporate tax returns for the 1999 calendar year. The husband and wife shall be equally responsible for any taxes due on said returns. Any refunds shall be shared equally by the 241790.1/51:1770I±/014360.00005 10 Sent By: Suite 200 Associates; 206 448 2252; Dec-13-00 10:23; rage izno ... ..., 1L. t Lr+ Lnn • b MDUL I V1llt0 425 226 1124 p. 11 parties. The husband shall prepare and file the Corporate return in the same manner as in previous years. 6.5 Prior Tax Return. Should any deficiency, penalty or interest be incurred as a result of an audit of any of the parties'joint federal personal income tax returns, the same shall be divided equally between the parties. 6.6 Secured Obligations. Unless otherwise specifically provided herein each party shall assume and pay any and all outstanding obligations relating to property received by him or her hereunder, and shall hold the other harmless therefrom and indemnify the other therefore. 6.7 Attorneys'Fees. Each party should be responsible for his or her own attorneys' fees incurred in this matter, VII. GENERAL PROVISIONS 7.1 Binding Effect. This Agreement is binding upon the respective heirs,personal representatives and assigns of the parties hereto. The parties are not contracting for a marriage dissolution. However, if a decree of dissolution of marriage is entered, this Agreement shall be confirmed by the court as and for a full and complete settlement between the parties of their property and marital rights and shall be embodied in such decree or incorporated therein as though fully set forth and each of the parties shall be required to carry out the terms thereof. 247790.1/S117201I/014360.00005 1 1 2Ub 44tl 1LSL; uec- I.-uu Sent By: Suite 200 Associates; reyc uriii how_ I V111E0 425 226 1124 P. 12 7.2 EntireAgreement. This instrument embodies the entire Agreement of the parties as to the subject matter covered thereby, and there are no other agreements existing between the parties with reference to such matters. 7.3 Inducement. Each party acknowledges that he or she is entering into this Agreement of his or her own free will and that no coercion, force, pressure or undue influence has been employed against either party in negotiations leading to the execution of this Agreement, either by the other party or by any other persons. Each party declares that no reliance whatsoever has been placed upon any representations other than those expressly set forth herein. 7.4 Fulfillment of Agreement, Each party hereby agrees to execute any and all papers, deeds,applications, security agreements, waivers or relinquishments of interest, or other documents necessary to carry out the terms of this Agreement. Any party failing to carry out the terms ofthis Agreement shall be responsible for any court costs and reasonable attorneys' fees that the other party incurred as a result of such failure. 7.5 Modification. No modification or waiver of any of the terms of this Agreement shall be valid as between the parties unless made in writing and executed with the same formalities as this Agreement and no waiver of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default of the same or similar nature no matter how made or how often recurring. 247790.1/M372011/014)80.0000; 12 Sent By; Suite 200 Associates; 206 448 2252; Dec-13-00 10:23; Page 14/15 . uleu uo uu le: lip DRN 'S ADULT VIDEO 425 226 11?.,4 p. 13 • • 7.6 Partial Invalidity. In the event that any portion of this Agreement shall be declared invalid by any court of competent jurisdiction, those parts not at issue shall remain in full force and effect. 7.7 Lgal Representation. Each party hereby stipulates that he or she has been represented in negotiations for the preparation of this Agreement by counsel of his or her own choosing. The husband was represented by James A. Oliver and Lisa A. Wolfard, and the wife was represented by Sondra S. Lustgarten. 7.8 Definitions. As used herein, the singular shall include the plural and the masculine, feminine or neuter gender shall be used interchangeably where appropriate, but in all cases shall not be used to thwart the purpose of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be ' executed this date. Tammy Usibelli ngelo sibelli, 499 diCAC:91 :4770.1/50720I Uo 143Ro.0000i 1 3 Sent By: Suite 200 Associates; 206 448 2252; Dec-13-00 10:24; rage in/in uec uo uu tc: tep DR11 'S ADULT VIDEO 42S 226 1124 p. 14 STATE OF WASHINGTON ) ) ss, COUNTY OF KING ) I certify that I know or have satisfactory evidence that Tammy Usibelli is the person who appeared before me and said person acknowledged that she signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in the instrument. DATED: 7-An co o , 2000. SONORA LUSTGARTEN (Seal or sfit OF WASHINGTON . o2.41.tot,&- , , NOTARY--PUBLIC Printed Name: S„,dr.-..,, Lac -Rq{Z-f r,4,/ Kt(1JW 3$JOM E7tl'U 3 1-21-03 Notary Public in pnd for the State of Washington residing at'51/cyuc, 7, ' My appointment expires ‘,/,21 fp" STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Angelo Usibelli, Jr., is the person who appeared before me and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument, DATED: g2eubrity, /1 . 2000. (Scel or stamp) ' our Pri ed Name: c'i14pil L. DPP Notary Public in and for the State of Washington residing at lt�� /�)a, My appointment expires i /z 4s 247790.1/i5720 l!/0I 43 R0.00005 14 Sent By: MYERS AND PARKER, PLLC; 206 32615291 ; , Nov-16-00 2\4OPM; Page 2/2 BILLS INCURRED BY ANGELO USIBELLI IN NAME OF T&A PLUS , Creditor Account Number Amount Owing Date US Bank 0000000042 $44,877.42 . 7/29/00 • AT&T Universal 5588008002537580 $3,786.85 8/2/00 The News Group 4781 $35,944.98 2/04/200 . The News Group 4125 $18,929.55 3/3/00 Promotions Dans $2,266.85 2/2100 USX Dans $1,491.95 1/27/00 Sunshine Films Dans $3,375.00 12/12/99 Sunshine Films Dans • I $1,875.00 12/17/09 Emerald Bay Pub Dans i $118.02 2/1/00 B Cumming Co. Dans $478.24 1/13/00 Profit Pak Dens $1,715.10 1/20/00 Profit Pak Dans $1,631.50 12/12/99 Group Distributing Dans $406,00 1/3/00 Group Distributing Dans - $ 9.00 1/20/99 Group Distributing Dans $401.50 1/25/99 Group Distributing Dans $334.20 ' 1/31/99 Group Distributing Dans $415,15. '2/13/99 GrOvp Distributing Dans \, $40Qa,50 1/10/99 Group Distributing Dans ;I, $406,75 12/20/99 Group Distributing Dans $416.59 • 12/27/99 America's Choice Dans ,� $1,914.50 1/23/99 US Bank 4719230323279740 I�, $7,700.61 8/4/00 Misc. Magazines ! Dans .$94,00 2111OC • . Misc. Books Dans I $125,00 12/30/99 CE Corporate faluo , 4046010011230074 a 100.00 To Prawn', US.Bank Visa 471923032327042' l' . "$3,600.57 1'o Present' " '' ' -"' Cd,rente Mastercard 5471537333Lt590.16 • $'14,000,0i0 . . —....To Prosent TOTAL $146,919.83 / , , • (Z_ � 7 Sent By GROUP DISTRIBUTING, 2539262457; D8C-4-UU 4:-eorm; rays I Group Distributing . Tacoma.,Wa 98424 253-926-2462 Fax-253-926-2457 December 1, 2000 '.:Dear Tami, This letter is in reply to the question"Why not open a full Video store with main stream video's?" The reason as I stated on the phone to you is baSic economics. You will go broke with a Full service Video Stere. In the past five years;there has been record closures of regular video stores,the main reason is the big competition from Hollywood&Blockbuster Video,the both of them have made it very hard to m11_000,11 this t..tisiness and make moneyThe wholesale .;:- side of the video industrieshia changed as drastically too. We use to do both Adult • •&Mainstream video,but the numbers arenot there for the wholesale side for main stream, So we had to quit doing the mainstream due to our cost.We were charged higher than what the Retail store(Blockbuster&Hollywood)were charged for the same retail cost, so how could we compete! So now we stickto adult only,and have done very well. We Can assist yoU in getting Main stream video's and the contacts if you still are interested,but I '•-•:would like you to understand,the average cost ormainstream Video's are around$70.00 a piece. Everyone thinks that all the video's cost the same as what you see on TV, for$19.95,these are 2 *hat we call"sell—thru",very few do this,less than 5 %.And to stock your store to make a - ss, decent impact will cost you at least$75,090:00. • if you have any further questions about this,please call me800-801-9476 Michael *S- 4 ' Mason General Manager DistributingGroup „- • L-:' - Page: 1 . Date: 11/16/00 at 1:28 PM DAN'S ADULT VIDEO Income Statement From September 1, 2000 Through September 30, 2000 Last Seq.#: 100 PTD Post %Sales YTD Post %Sales Sales REVENUES RETAIL SALES 29,879.75 100.0 251,841.76 100.0 Total Sales 29,879.75 100.0 251,841.76 100.0 ___= Cost of Sales =___ COST OF GOODS SOLD PURCHASES 14,342.28 48.0 120,884.04 48.0 Total Cost of Sales 14,342.28 48.0 120,884.04 48.0 Gross Margin 15,537.47 52.0 130,957.72 52.0 Expenses OPERATING EXPENSES OTHER WAGES 15,852.00 53.1 84,272.00 33.5 TAXES 3,071.63 10.3 11,360.06 4.5 TELEPHONE/UTILITIES 413.28 1.4 4,023.85 1.6 REPAIRS & MAINTENANCE 112.70 0.4 455.75 0.2 OFFICE SUPPLIES & POSTAGE 0.00 N/A 800.23 0.3 RENT 2,658.60 8.9 23,422.32 9.3 SUPPLIES, GENERAL 34.50 0.1 1,136.91 0.5 AUTO/TRUCK EXPENSE 0.00 N/A 8.00 0.0 BANK CHARGES 0.00 N/A 14.50 0.0 PROFESSIONAL SERVICES 150.00 0.5 2,510.00 1.0 CREDIT CARD DISCOUNTS 0.00 N/A 1,190.89 0.5 EMPLOYEE BENEFIT 0.00 N/A 496.78 0.2 CHARITABLE CONTRIBUTIONS 0.00 N/A 195.00 0.1 Total Expenses 22,292.71 74.6 129,886.29 51.6 Other Income =___ OTHER INCOME/EXPENSES INTEREST EXPENSE 0.00 N/A -26.56 0.0 FINES/PENALTIES 0.00 N/A -358.99 ( 0.1) 4* 5 Page: 2 . Date: 11/18'/00 at 1:28 PM A DAN'S ADULT VIDEO Income Statement From September 1, 2000 Through September 30, 2000 Last Seq.#: 100 PTD Post %Sales YTD Post %Sales Total Other Income 0.00 N/A -385.55 ( 0.2) Net Income After Taxes -6,755.24 ( 22.6) 685.88 0.3 Page: 1 - Date: 11/1ti/00 at 1:28 PM DAN'S ADULT VIDEO General Ledger This Year-Periods 09.To 09 Last Seq No: 100 Entry/Period/Reference Debit Credit Balance Date Description Line Description Amount Amount Forward Acct: 11020 (BANK/CHECKING ACCOUNT)Activity This Per: -7,614.36 Beginning Balance: -178,240.25 00099 Per 09 This Yr 32,449.41 -145,790.84 09/30/00 SEPTEMBER 1 -SEPTEMBER 30, 2000 00099 Per 09 This Yr 21,844.80 -167,635.64 09/30/00 SEPTEMBER 1 -SEPTEMBER 30, 2000 00099 Per 09 This Yr 27,382.17 -195,017.81 09/30/00 SEPTEMBER 1 -SEPTEMBER 30, 2000 00100 Per 09 This Yr 9,163.20 -185,854.61 09/30/00 SEPTEMBER 1 -SEPTEMBER 30, 2000 Total Account: 11020 41,612.61 49,226.97 -185,854.61 Acct: 14010 (INVENTORY)Activity This Per: 5,105.40 Beginning Balance: 270,373.45 00099 Per 09 This Yr 14,342.28 256,031.17 09/30/00 SEPTEMBER 1 -SEPTEMBER 30, 2000 00099 Per 09 This Yr 19,447.68 275,478.85 09/30/00 SEPTEMBER 1 -SEPTEMBER 30, 2000 Total Account: 14010 19,447.68 14,342.28 275,478.85 Acct: 21020 (TAXES ACCRUED AND PAYABLE)Activity This Per: -5,746.28 Beginning Balance: 18,130.39 00099 Per 09 This Yr 2,710.40 15,419.99 09/30/00 SEPTEMBER 1 -SEPTEMBER 30, 2000 00099 Per 09 This Yr 8,392.09 7,027.90 09/30/00 SEPTEMBER 1 -SEPTEMBER 30, 2000 00099 Per 09 This Yr 3,065.41 10,093.31 09/30/00 SEPTEMBER 1 -SEPTEMBER 30, 2000 00100 Per 09 This Yr 2,290.80 12,384.11 09/30/00 SEPTEMBER 1 -SEPTEMBER 30, 2000 Total Account: 21020 5,356.21 11,102.49 12,384.11 Acct: 21030 (NOTES &CONTRACTS PAYABLE)Activity This Per: 1,500.00 Beginning Balance: 8,030.92 00099 Per 09 This Yr 1,500.00 9,530.92 09/30/00 SEPTEMBER 1 -SEPTEMBER 30, 2000 Page: 2 Date: 11/1 b/00 at 1:28 PM DAN'S ADULT VIDEO General Ledger This Year-Periods 09 To 09 Last Seq No: 100 Entry/Period/Reference Debit Credit Balance Date Description Line Description Amount Amount Forward Total Account: 21030 1,500.00 0.00 9,530.92 Acct: 41010 (RETAIL SALES)Activity This Per: -29,879.75 YTD Postings at Start of Period -221,962.01 00099 Per 09 This Yr 29,879.75 -251,841.76 09/30/00 SEPTEMBER 1 -SEPTEMBER 30, 2000 Total Account: 41010 0.00 29,879.75 -251,841.76 Acct: 51010 (PURCHASES)Activity This Per: 14,342.28 YTD Postings at Start of Period 106,541.76 00099 Per 09 This Yr 14,342.28 120,884.04 09/30/00 SEPTEMBER 1 -SEPTEMBER 30, 2000 Total Account: 51010 14,342.28 0.00 120,884.04 Acct: 61020 (OTHER WAGES)Activity This Per: 15,852.00 YTD Postings at Start of Period 68,420.00 00099 Per 09 This Yr 27,306.00 95,726.00 09/30/00 SEPTEMBER 1 -SEPTEMBER 30, 2000 00100 Per 09 This Yr 11,454.00 84,272.00 09/30/00 SEPTEMBER 1 -SEPTEMBER 30, 2000 Total Account: 61020 27,306.00 11,454.00 84,272.00 Acct: 61030 (TAXES)Activity This Per: 3,071.63 YTD Postings at Start of Period 8,288.43 00099 Per 09 This Yr 140.74 8,429.17 09/30/00 SEPTEMBER 1 -SEPTEMBER 30, 2000 00099 Per 09 This Yr 2,930.89 11,360.06 09/30/00 SEPTEMBER 1 -SEPTEMBER 30, 2000 Total Account: 61030 3,071.63 0.00 11,360.06 Acct: 61060 (TELEPHONE/UTILITIES)Activity This Per: 413.28 YTD Postings at Start of Period 3,610.57 00099 Per 09 This Yr 413.28 4,023.85 09/30/00 SEPTEMBER 1 -SEPTEMBER 30, 2000 Total Account: 61060 413.28 OAi0 4,023.85 Page: 3 Date: 11/16/00 at 1:28 PM DAN'S ADULT VIDEO General Ledger This Year-Periods 09 To 09 Last Seq No: 100 Entry/Period/Reference Debit Credit Balance Date Description Line Description Amount Amount Forward Acct: 61080 (REPAIRS & MAINTENANCE)Activity This Per: 112.70 YTD Postings at Start of Period 343.05 00099 Per 09 This Yr 112.70 455.75 09/30/00 SEPTEMBER 1 -SEPTEMBER 30, 2000 Total Account: 61080 112.70 0.00 455.75 Acct: 61100 (RENT)Activity This Per: 2,658.60 YTD Postings at Start of Period 20,763.72 00099 Per 09 This Yr 2,658.60 23,422.32 09/30/00 SEPTEMBER 1 -SEPTEMBER 30, 2000 Total Account: 61100 2,658.60 0.00 23,422.32 Acct: 61110 (SUPPLIES, GENERAL)Activity This Per: 34.50 YTD Postings at Start of Period 1,102.41 00099 Per 09 This Yr 34.50 1,136.91 09/30/00 SEPTEMBER 1 -SEPTEMBER 30, 2000 Total Account: 61110 34.50 0.00 1,136.91 Acct: 61180 (PROFESSIONAL SERVICES)Activity This Per: 150.00 YTD Postings at Start of Period 2,360.00 00099 Per 09 This Yr 150.00 2,510.00 09/30/00 SEPTEMBER 1 -SEPTEMBER 30, 2000 Total Account: 61180 150.00 0.00 2,510.00 f-' L 4-3-010 ADULT RETAIL AND 'ENTERTAINMENT REGULATIONS: (Amd. Ord. 4827, 1-24-2000) A PROHIBITED IN CERTAIN AREAS: Adult motion picture theaters, peep shows, panorams, adult retail uses, and places of adult entertainment are prohibited: 1. Within one thousand feet (1,000') of any residential zone (RC, R-1, R-5, R-8, R-10, RM, COR or RMH) or any single family or multiple family residential use. (Amd. Ord. 4773, 3-22-1999) 2. Within one thousand feet (1,000') of any public or private elementary or secondary school. 3. Within one thousand feet (1,000') of any family day care, day care center for children, nursery, or preschool. 4. Within one thousand feet(1,000') of any church or other facility or institution used primarily for religious purposes. 5. Within one thousand feet (1,000') of any public park or P-1 zone. (Amd. Ord. 4828, 1-24-2000) EXCEPT: Adult retail uses and adult entertainment businesses, as defined herein, shall be permitted within those zones within the Employment Area Valley (EAV) land use designation of the comprehensive plan and south of 1-405, and are not subject to the distance requirements set out herein. (Ord. 4828, 1-24-2000) B MEASUREMENT PROCEDURE: The distances provided in this Section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or the land use district boundary line from which the proposed land use is to be separated. C LIABILITY: Nothing in this Section is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any City regulation or statute of the State of Washington regarding public nuisances, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof. D VIOLATION AND CIVIL PENALTIES: Violation of the use provisions of this Section is declared to be a public nuisance per se, which shall be abated by City Attorney by way of civil abatement procedures only, RMC 1-3-2, Civil Penalties, and not by criminal prosecution. (Ord. 4261, 2-26-1990) E NONCONFORMING USES: 1. Amortization Schedule: Any adult entertainment, activity, use, or retail use located ©1998 Code Publishing, Inc. Page 1 within the city limits on the effective date of Ordinance No. 4827 (February 27, 2000) that is made nonconforming by this Section shall be terminated within one year. 2. Extension Requests. a. Timing: Such termination date may be extended upon the approval of an application filed with the City within one hundred twenty (120) days of the effective date of the ordinance codified in this Section requesting an extension to such one-year amortization period. b. Decision Criteria: The administrative decision on whether or not to approve any extension period and the length of such period shall be based upon the applicant demonstrating a significant economic hardship that is based on an irreversible financial investment or commitment unique to that location made prior to the effective date of the ordinance codified in this Section including, but not limited to, fixed assets and tenant improvements. A determination of significant economic hardship shall be based upon the degree to which the requirements of this Section diminish the viability of the business or precludes reasonable alternative uses of the subject property. c. Process: The extension request shall be processed as a Type V procedure pursuant to RMC 4-8-080G. d. Maximum Extension Period: No extension period shall be greater than one year. e. Appeals: Rights to appeal the decision are governed by the provisions of RMC 4-8-110E8 and F6. (Ord. 4828, 1-24-2000) 777, ©1998 Code Publishing, Inc. Page 2 rtnnrn. �6� RP 1) °.r_.,* :CITI .`)F RENTON •LL : ' Hearing Examiner . Jesse Tanner;Mayor. -. : _ Fred J,Kaufmaa • • January 25'„2001. Gilbert H.'Levy . . • Suite 200,Market Place.Two 2001 Western Avenue Seattle,WA 98121 • Re:. Dan's Adult Video Request for Extension of Amortization File No:LUA00-089 Dear Mr.Levy: The Examiner's Report and Decision on he above referenced matter,which was issued on. January 8,;2001'was not appealed Within'the 14-day period established by ordinance: Therefore, this matter is"considered final;by this'off ce and the file on your petition is being transmitted to , the City Clerk as of this date. Please feel free to contact this`off ce if further assistance or information;is required. Sincerely, Fred J.Kaufman - . • Hearing'Examiner FJK/jt ' cc: ' Zanetta Fontes,City Attorney. Sandi Seeger,Development:Services • y Way,'=:Renton;,Wasliiugton9.8055�=:(425).430=6515;._ �,. �;��; r.� � .. 1055 South:Grad :`A` d. " 614 This papercontains 50/recycled'material,20 post consumes P"„ AFFIDAVIT OF SERVICE BY MAILING STATE OF WASHINGTON) ss. County of King ) dedi , being first duly sworn, upon oath, dea ses and states: That on the F day of , , OO/, affiant deposited in the mail of the United States a sealed e elope(s) co wing a decision or recommendation with postage prepaid, addressed to the parties of record in the below entitled application or petition. Signature: SUBSCRIBED AND SWORN to before me this day of , 2001. .r ,h d10v of Public in and for the State of Washington, cf•f • �G %4/ cg= Residing at Se�.- -(r ,therein. issue 'A� I''` 0 N � Application, Petition, or Case No.: Dan's Adult Video Request for Extension of Amortization LUA00-089 The Decision or Recommendation contains a complete list of the Parties of Record. A:1 January 8,2001 OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND DECISION PETITIONER: Tammy Usibelli Dan's Adult Video LOCATION: 430 Sunset Blvd.N SUMMARY OF PETITION: Request for extension of Amortization PUBLIC HEARING: After reviewing the Petitioner's written request for a hearing and examining the available information on file,the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the December 5,2000 hearing. The official record is recorded on tape. The hearing opened on Tuesday,December 5,2000 at 9:00 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the petition, Exhibit No. 1A: Set of photos the Examiner's letter setting the hearing date and other documentation pertinent to the petition. Exhibit No.2: Property Settlement Agreement Exhibit No.3: Listing of corporate debts Exhibit No. 4: Letter from Michael Mason Exhibit No. 5: Profit and Loss Statement Parties present: Petitioner: Tammy Usibelli Representing Petitioner: Gilbert H.Levy Suite 200,Market Place Two 2001 Western Avenue Seattle, WA 98121 Representing City of Renton: Zanetta Fontes, City Attorney 1055 S Grady Way Renton,WA 98055 Dan's Adult Video - Appeal Hearing File No.: LUA00-089 January 8,2001 Page 2 The Examiner explained that the purpose of the meeting was to hold a public hearing on the applications pursuant to Ordinance 3071. This hearing constitutes the hearing of the City Council and is the only public hearing which will be held on the matter unless the matter is continued.Reconsideration or an appeal to the City Council will only consider the evidence submitted in today's hearing, or if the hearing is continued evidence submitted at that time. He stated that the Petitioner had the burden of demonstrating that the extension was appropriate, and would have to show clear and convincing evidence. At that point the City could respond, if they chose to do so. As a preliminary matter,Ms. Fontes stated that she has stipulated that counsel can make an offer of proof, allow his clients to ratify,that statement,and enter his exhibits. The City will not have any contrary testimony. Mr.Levy stated that the original owner,Mr. Thurmond,found that due to competition from chain stores,he could keep the business afloat by selling adult videos. Over time he found that the business remained profitable only because it sold adult videos. Mr.Thurmond gave the business to his daughter,Tammy Usibelli. At the time Ms.Usibelli was married to Angelo Usibelli. The marriage subsequently ended in divorce. Tammy Usibelli and Angelo Usibelli formed a corporation,the assets of which included a lease on Dan's Adult Video and a lease on a similar establishment in the City of Federal Way. As part of their property settlement agreement,Angelo Usibelli agreed to convey to Tammy Usibelli his shares of the corporation. In return for this conveyance, and as part of the property settlement,Tammy Usibelli agreed to pay Angelo Usibelli the sum of $50,000 cash. Tammy acquired a liability of$50,000. Her father loaned her$50,000 to pay off Mr. Usibelli. The date of the Property Settlement Agreement is February 27, 2000. In acquiring the corporation,Ms.Usibelli also acquired the debts of the corporation. There was an agreement between Tammy and Angelo Usibelli that he would join with her in satisfying the debt. Mr.Usibelli has defaulted on his obligation to satisfy the debt jointly. There is now litigation pending between Tammy and Angelo Usibelli to compel Angelo to pay his share of the debt. Thus far he has not done so. The amount of that corporate debt is $146,910.83. The Petitioners (Tammy and her current husband)owe$146,910.83 in corporate debt. In addition,they owe$50,000 to Mr. Thurmond. With this corporate debt,they cannot afford to remodel the business or change to a mixed-use business. The option of changing the business from an adult video store to a video store that sells and rents non-sexually oriented videos would not work because small, independent, owner-operated video stores cannot compete with large chains such as Blockbuster. The large chain video distributors have tie-in arrangements with the studios and manufacturers that enable them to buy video tapes in bulk for a much lower price than would be available to the small owner/operator stores like Dan's. If they could afford to do so,they could move the store. They cannot operate in the present location as a non-adult video store because they can't compete with the large chains. The business is at a competitive disadvantage because of where it is situated. There is a divider on Sunset North where the business is located which prevents southbound traffic from turning into the business. The corporate debt and the business debt was acquired before the effective date of the ordinance. The business is profitable because it is able to sell adult videos at its present location. If it has to comply with the Ordinance at the present time, it will no longer be profitable. The business does meet the decisional criteria of the Ordinance,which is that the Petitioner can demonstrate a significant hardship that is based on an irreversible financial investment unique to that location,made prior to the effective date of this ordinance. y..,.Y. Dan's Adult Video Appeal Hearing File No.: LUA00-089 January 8, 2001 Page 3 Tammy Usibelli stated that she is the owner of Dan's Adult Video, and that what Mr.Levy stated in this hearing regarding Dan's Adult Video is true. Ms.Fontes asked if Ms.Usibelli is currently leasing the location and what the terms of the lease are. Ms.Usibelli replied that she is currently leasing the location with a five-year/five-year option agreement and that the lease expires in January of 2001. Ms.Fontes asked if Ms.Usibelli had looked into moving to a different location. Ms.Usibelli stated that she asked for a listing of the zones and where they were located,but the City could not provide her with a map. Ms. Usibelli stated that she could not afford to move the business because of having to pay off her debts. In closing,Ms Fontes stated that the responsibility of the Petitioner is to show that she has incurred financial responsibility that is significant and irreversible before the effective date of the Ordinance. Ms. Fontes stated that the only obstruction that is claimed is the financial burden of relocating, and there has been no testimony that indicates what that cost would be. She does not feel that the Petitioner has met her burden in this case. Mr.Levy responded that it is not accurate to say that the only financial burden is the cost of relocating. The financial burden here is the cost of acquiring a business in a dissolution situation which was acquired prior to the effective date of the Ordinance. It is not possible to relocate the business because of the financial burden. The language in the Ordinance is broad enough to encompass this type of situation. The Examiner called for further testimony regarding this appeal. There was no one else wishing to speak. The hearing closed at 9:35 a.m. FINDINGS,CONCLUSIONS&DECISION Having reviewed the record in this matter,the Examiner now makes and enters the following: FINDINGS: 1. T&A Plus, doing business in Renton as Dan's Adult Video Novelties and owned by Tammy Usibelli, hereinafter petitioner, owns Dan's Adult Video hereinafter Dan's. The petition was filed by its attorney, Walter H. Olsen,Jr. At the hearing the petitioner was represented by attorney Gilbert H.Levy. 2. The petitioner's business is located at 430 Sunset Boulevard N. The site is at the extreme northeast corner of the downtown area where Sunset Boulevard crosses under I-405. 3. On February 27,2000,the City passed Ordinance 4828 which resulted in making primarily adult oriented uses non-conforming uses in certain zones and within certain distances of certain uses such as schools and churches. The petitioner's business falls within the nature of such adult uses. (Section 4.3- 010(A)) Dan's Adult Video -- Appeal Hearing File No.: LUA00-089 January 8,2001 Page 4 4. The ordinance provides a one(1)year amortization period after which such uses must be terminated. (Section 4.3-010(E)1). The one year period would expire on February 27, 2001. 5. Section 4.3-010(E)2a permits a party to file an application within 120 days of the effective date of the ordinance requesting an extension of the one-year amortization period. 6. The petitioner filed the application in a timely manner. The petitioner,with the city's agreement, sought a continuance. The matter was scheduled for a hearing and the hearing occurred on December 5,2000. 7. Dan's is now owned by Tammy Usibelli under the corporate title of T&A Plus. The business had previously been owned by she and her husband. They entered into a property agreement as part of their dissolution of marriage on August 10, 1999. In that agreement she gained the business assets and liabilities in exchange for releasing him from obligations of the business and in exchange for other properties they apparently owned jointly. 8. The petitioner submitted copies of a Property Settlement. The petitioner also submitted an Income Statement for September,2000 which showed an operating income after taxes and expenses of $685.00. 9. The petitioner indicated that moving at this time was not practical due to financial limitations and cash flow. The petitioner submitted a document from a movie distributor confirming that competition with the larger video stores was not practical. 10. The petitioner's lease expires in the near future, January,2001. 11. The record shows a formal entry sign and structure for the business. 12. Section 4-3-010(E)(2)provides the following decision criteria: b. Decision Criteria: The administrative decision on whether or not to approve any extension period and the length of such period shall be based upon the applicant demonstrating a significant economic hardship that is based on an irreversible financial investment or commitment unique to that location made prior to the effective date of the ordinance codified in this Section including,but not limited to,fixed assets and tenant improvements.A determination of significant economic hardship shall be based upon the degree to which the requirements of this Section diminish the viability of the business or precludes reasonable alternative uses of the subject property. CONCLUSIONS: 1. The petitioner has the burden of demonstrating a significant economic hardship that would justify extending the standard amortization period of one(1)year contained in the ordinance. The petitioner has demonstrated significant economic hardship. 2. It appears that the current owner of Dan's Adult Video, Tammy Usibelli, has entered into a divorce Dan's Adult Video Appeal Hearing File No.: LUA00-089 January 8, 2001 Page 5 decree which to a large extent settles the property issues between her and her husband and former co- owner. The agreement uses the assets and liabilities of the Petitioner's business to balance the distribution of their common property. The petitioner was granted the business entity in exchange for other property including real property. The limited finances preclude moving the business at this time. While the lease may terminate and the assets could possibly be moved, it appears that the business has little monetary capacity to carry out a move at this time. This could jeopardize the property accord of the parties. This would appear to provide sufficient showing of economic hardship to allow an extension. 3. At the same time,this office only can extend the amortization period for one year from the date of the ordinance. That means that the business would still have to be terminated by not later than February 27, 2002. 4. Therefore, based on the record this office finds that an extension is justified and should be granted. DECISION: The extension is approved. ORDERED THIS 8t11 day of January, 2001. • FRED J.KA r N HEARING EXAMINER TRANSMITTED THIS 8th day of January, 2001 to the parties of record: Gilbert H. Levy Zanetta Fontes Suite 200 Market Place Two 1055 S. Grady Way 2001 Western Avenue Renton, WA 98055 Seattle, WA 98121 TRANSMITTED THIS 8th day of January,2001 to the following: Mayor Jesse Tanner Gregg Zimmerman,Plan/Bldg/PW Admin. Members,Renton Planning Commission Neil Watts,Development Services Director Larry Rude,Fire Marshal Lawrence J. Warren, City Attorney Transportation Systems Division Jay Covington, Chief Administrative Officer Utilities System Division Councilperson Kathy Keolker-Wheeler Sue Carlson, Econ.Dev. Administrator Betty Nokes,Economic Development Director South County Journal Larry Meckling, Building Official • +;iJ L! Dan's Adult Video Appeal Hearing File No.: LUA00-089 January 8, 2001 Page 6 Pursuant to Title IV, Chapter 8, Section 100G of the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m.,January 22,2001. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen(14)days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such Petitioner,and the Examiner may, after review of the record,take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110 which requires that such appeal be filed with the City Clerk, accompanying a filing fee of$75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants,the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte(private one-on-one)communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. AFFIDAVIT OF PUBLICATION • Charlotte Ann Kassens, first duly sworn on oath states that he/she is the Legal Clerk of the SOUTH COUNTY JOURNAL 600 S. Washington Avenue, Kent, Washington 98032 a daily newspaper published seven (7)times a week. Said newspaper is a legal newspaper of general publication and is now and has been for more than six months prior to the date of publication, referred to, printed and published in the NOTICE OF APPEAL HEARING English language continually as a daily newspaper in Kent, King County, RENTON HEARING EXAMINER Washington. The South County Journal has been approved as a legal RENTON,WASHINGTONillbe A Public Hearing will be held by the newspaper by order of the Superior Court of the State of Washington for King Renton Hearing Examiner in the Council County. Chambers on the seventh floor of City Hall, The notice in the exact form attached, was published in the South Was South Grady w , Renton, Washington,on December 5,2 2000,at 9:00 County Journal (and not in supplemental form) which was regularly distributed to AM,to consider the following petitions: the subscribers during the below stated period. The annexed notice, a APPEAL AAD-00-126 Appeal of Administrative Decision Appeal AAD-00-126 regarding use of property located at 611 Cedar Ave.So. DAN'S ADULT VIDEO as published on: 11/22/00 LUA-00-089 Dan's Adult Video requests an extension The full amount of the fee charged for said foregoing of the one year amortization period g g g publication is the sum of under Ordinance 4828.8. Location: 430 $34.50, charged to Acct. No. 8051067. Sunset Blvd. All interested persons to said petitions Legal Numb 8424 • — are invited to be present at the Public Hearing. Questions should be directed to the Hearing Examiner(425)430-6515. Published in the South County Journal November 22,2000.8424 Lega Cle ' Sounth County Journal Subscribed and sworn before me on this d y of A /:Nt• , 2000 : „ • Q TA J • . Y. • Notary Public of the State of Washington 1- ifs▪o pvat.��' o residing in Renton King County, Washington *id uPIVAS‘rta`‘‘. y .HEAR N EXAM NER: ',PUBLIC::.HEARING .. :: .. _..:... DEGEMBER,:05'. ,a A GENDA e_' s 9:00 AM s 3:; :c :R:a , REeNTONn;CITYOMMENCING AT . HALLe- c hteywill beherd,S7THFLOO __ esril ;the:order in whe ;CNCIL'CHAMBER , _ d� t,n ayCOU 7,.. r_ tion nuHebaerirgonly anir(, ,. ,.' n orderofappli hm Exmne.'.sli €on( ) isedare igTh appcai lled forheariafhediscreon of t Items'w b ca PROJECT NAME: APPEAL of Administrative Decision PROJECT NUMBER: AAD-00-126 PROJECT DESCRIPTION: Appeal of Administrative Decision regarding property at 611 Cedar Avenue South. PROJECT NAME: Dan's Video PROJECT NUMBER: LUA-00-089 PROJECT DESCRIPTION: Dan's Video requests extension of Amortization. hexagenda.doc • „ 9 CIT' )F RENTON ..LL Office of the City Attorney Jesse Tanner,Mayor Lawrence J.Warren MEMORANDUM DATE: July 18, 2000 TO: Fred Kaufman, Hearing Examiner FROM: Zanetta L. Fontes, Assistant City Attorney RE: Dan's Adult Video/Request for extension of one-year amortization period File No. LUA00-089 Walt Olsen, attorney for the owner of Dan's Adult Video, has requested that the date of the hearing on the above-mentioned matter be changed from August 1, 2000 at December 5, 2000, at 9:00 a.m. Per his note on the attached letter, Mr. Olsen has waived the 30-day hearing right. As you have indicated that this date is acceptable for your office's schedule, please reschedule the hearing date accordingly. Zanetta L. Fo es ZLF:ma Enc. cc: Mayor Tanner Jay Covington Jana Hansen Post Office Box 626 - 100 S. 2nd Street - Renton, Washington 98057 - (425)255-8678 This paper contains 50%recycled material,20%post consumer ist . LAW OFFICE OF WALTER H. OLSEN, JR. PLLC • HOGE BUILDING 705 SECOND AVENUE,SUITE 1200 WALTERSEATTLE,WASHINGTON 98104-1729 CYNTHIA L.THOMPSON ATTORNEY H.AT OLSEN,AWJR. PH:(206)903-1244 PARALEGAL LAW EMAIL:OLSENLAW@USWEST.NET FAX:(206)682-0401 EMAIL:CINDY HOMPSON@USWEST.NET June 27, 2000 CITY OF RENTON JUN 2 8 2000 RECEIVED VIA FACSIMILE TO 425-255-5474 AND U.S. MAIL CITY CLERK'S OFFICE Ms. Zanetta L. Fontes City Attorney/City of Renton Warren Barber Dean & Fontes, P.S. 100 S. Second St. P.O. Box 626 Renton, Washington 98057 Re: Renton Ordinance Nos. 4827 and 4828-Dan's Adult Video/Application for Amorization Dear Ms. Fontes: As you know, I represent the owner of Dan's Adult Video Novelties.located at 430 Sunset Blvd. N. in Renton with regard to the City's efforts to require it to relocate its business that has been at its present location without incident for thirty years With regard to the City's request that my client relocate its business by February 28,2001,my client preserves all rights and remedies they may have, including without limitation their right to receive an amortization period,their right to request and/or require the City to allow them to continue to operate their business in its present location beyond February 28,2001,and their right to:seek damages against the City for any action it takes to require that the business be relocated. Very truly yours, Abt y.w� Walter H. Olsen, Jr. cc: Dan's Adult Video V,2s ex -Zl�$C vtod C912.8100 ��ls s I�V �T VI� �� r e sic t again wvl 2g 2001 Ot.< wC v�-e s � b n,✓ G `E'�� !� v�kw� 30totakep.4.e.„ • LAW OFFICE OF WALTER H. OLSEN, JR. PLLC HOGE BUILDING 705 SECOND AVENUE,SUITE 1200 CYNTHIA L.THOMPSON WALTER H.OLSEN,JR. SEATTLE,WASHINGTON 98104-1729PARALEGAL ATTORNEY AT LAW PH:(206)903-1244 EMAIL:OLSENLAW@USWEST.NET FAX:(206)682-0401 EMAIL:CINDYI'HOMPSON©USWEST.NET June 27, 2000 CITY OF RENTON JUN 2 8 2000 RECEIVED VIA FACSIMILE TO 425-255-5474 AND U.S. MAIL CITY CLERK'S OFFICE Ms. Zanetta L. Fontes City Attorney/City of Renton Warren Barber Dean & Fontes, P.S. 100 S. Second St. P.O. Box 626 Renton, Washington 98057 Re: Renton Ordinance Nos. 4827 and 4828-Dan's Adult Video/Application for Amorization Dear Ms. Fontes: As you know, I represent the owner of Dan's Adult Video Novelties located at 430 Sunset Blvd. N. in Renton with regard to the City's efforts to require it to relocate its business that has been at its present location without incident for thirty years With regard to the City's request that my client relocate its business by February 28,2001,my client preserves all rights and remedies they may have, including `'�'1 limitation to continLge to operate their ht to receive an amortization period,their right to request and/or require theCity to allow them business in its present location beyond February 28,2001,and their right to seek damages against the City for any action it takes to require that the business be relocated. w�tli Very truly yours, __71 PP_ riE APA „ Walter H. Olsen, Jr. cc: Dan's Adult Video[Zeloo DziAis Actv 14- Utd-(20 v2si-e-, ctAA 4e4C4-Z"CVrod 4kg iv 6v l I/l re se-vd l dGoLA-c coYt owl �e�w vat zoo l auw Oimi t", e5 30 s , .,c,eoc 01, t:t. CIT' OF RENTON sell Hearing Examiner Jesse Tanner,Mayor Fred J.Kaufman July 10,2000 Mr. Walter H. Olsen,Jr. 705 Second Avenue,#1200 Seattle, WA 98104-1729 Re: Dan's Video-Request for Extension File No. LUA00-089 Dear Mr. Olsen: This office received your letter June of 27, 2000. A hearing on your request for an extension of the one-year amortization period under Ordinance 4828 has been set for Tuesday,August 1, 2000,at 9:00 a.m.,and will be held in the Renton City Council Chambers, 7th Floor, Renton City Hall, 1055 S Grady Way,Renton. We appreciate your cooperation, and if you have any questions, please contact my secretary. Sincerely, Fred J. Kaufman Hearing Examiner FJK:mm cc: Mayor Jesse Tanner Jay Covington, Chief Administrative Officer Zanetta Fontes, City Attorney Jana Hanson, Development Services Director 1055 South Grady Way - Renton, Washington 98055 - (425)430-6515 [f 1 TL.i-.a.e..._.le.....C(l0/_.......M,.A.........i..l 7!W/........................ NOTICE OF APPEAL HEARING RENTON HEARING EXAMINER RENTON, WASHINGTON A Public Hearing will be held by the Renton Hearing Examiner in the Council Chambers on the seventh floor of City Hall, 1055 South Grady Way, Renton, Washington, on December 5, 2000, at 9:00 AM, to consider the following petitions: APPEAL AAD-00-126 Appeal of Administrative Decision regarding use of property located at 611 Cedar Ave. So. DAN'S ADULT VIDEO LUA-00-089 Dan's Adult Video requests an extension of the one year amortization period under Ordinance 4828. Location: 430 Sunset Blvd. All interested persons to said petitions are invited to be present at the Public Hearing. Questions should be directed to the Hearing Examiner(425)430-6515. Publication Date: November 22, 2000 Account No. 51067 aad2pub AFFIDAVIT OF PUBLICATION Charlotte Ann Kassens, first duly sworn on oath states that he/she is the Legal Clerk of the SOUTH COUNTY JOURNAL 600 S. Washington Avenue, Kent, Washington 98032 NOTICE OF PUBLIC HEARING a daily newspaper published seven (7)times a week. Said newspaper is a legal RENTON HEARING EXAMINER TON newspaper of general publication and is now and has been for more than six RENTON,Hearing W will b held Public will be held by the months prior to the date of publication, referred to, printed and published in the Renton Hearing Examiner at his regular English language continually as a daily newspaper in Kent, King County, meeting in the Council Chambers on the sWashington. The South CountyJournal has been approved as a legal Grady floor Renton,of City Hall, h10b5 n. on g pp g Grady Way, Washington. on newspaper by order of the Superior Court of the State of Washington for King August 1,2000 at 9:00 AM to consider the County. following petition: The notice in the exact form attached ublished in the South LAWS ADULT VIDEO + was p LUA-00-089 County Journal (and not in supplemental form) which was regularly distributed to Dan's Adult Video requests an extension of the subscribers during the below stated period. The annexed notice, a the one year amortization period under Ordinance 4828. Location: 430 Sunset Blvd. Dan's Adult Video All interested persons are invited to be present at the Public Hearing to express their opinions. Questions should be direct- as published on: 7/21/00 ed to Hearing Examiner,425-430-6515. Published in the South County Journal The full amount of the fee charged for said foregoing publication is the sum of July 21,2000.7977 $31.63, charged to Acct. No. 8051067. Legal Number 7977 -tea Legal erk, south County Journal Subscribed and sworn before me on this 2 day o , 2000 � � vo • "ZalLer • Pi D LlL �,`•? o Notary Public of the State of Washington 6 to °' residing in Renton • °ee1e�OF �AS-s+��• d`���°o°° King County, Washington „0�r�a a a f u►o►, NOTICE OF PUBLIC HEARING RENTON HEARING EXAMINER RENTON,WASHINGTON A Public Hearing will be held by the Renton Hearing Examiner at his regular meeting in the Council Chambers on the seventh floor of City Hall, 1055 South Grady Way, Renton, Washington, on August 1, 2000 at 9:00 AM to consider the following petition: DAN'S ADULT VIDEO LUA-00-089 Dan's Adult Video requests an extension of the one year amortization period under Ordinance 4828. Location: 430 Sunset Blvd. All interested persons are invited to be present at the Public Hearing to express their opinions. Questions should be directed to Hearing Examiner, 425-430-6515. Publication Date: July 21, 2000 Account No. 51067 HEX Publication Notice.doc