HomeMy WebLinkAboutLyons II LLC 12/17/2024 Amendment 1 Azi VOLUNTARY COMPLIANCE AGREEMENT
E V E R E T T Case Number: CE23-0415
WASHINGTON
Date: 11/5/2024
City of Everett Code Enforcement Unit
3200 Cedar Street o Everett,WA 98201
425.257.8560 o CodeEnforcement@everettwa.com
FIRST AMENDMENT TO THE
VOLUNTARY COMPLIANCE AGREEMENT
THIS FIRST AMENDMENT("Amendment")amends the Voluntary Compliance Agreement
("Agreement") entered into between the City of Everett ("City"), and LYONS II LLC ("Lyons").
The City and LYONS II LLC("Lyons")are Individually a "party" and collectively the"parties".
RECITALS
A. The parties entered into the Agreement effective November 20, 2023. The
Agreement establishes the presence of code violations on certain real property owned by
("Lyons") located at 3300 HEWITT AVE, Everett, Washington (the "Property") and the required
corrective actions and schedule for corrective actions necessary for ("Lyons") to bring the
Property Into compliance with applicable regulations.
B. The parties desire to extend the compliance date to allow for additional time to
review the applications, issue the necessary permits, complete the necessary work, and
undertake final inspections.
C. The parties agree to amend the Agreement as set forth herein.
NOW,THEREFORE,the parties agree as follows:
1. Section 1 — Compliance Schedule for Corrective Actions Amended. Section 1 -
Schedule for Corrective Action is hereby amended as follows:
Corrective Action(s) 1. IMMEDIATELY cease all
Required and development and/or alteration of
Compliance Schedule the property
for Corrective 2. By 3/18/2024—Submit complete
Action(s) applications for all of the necessary
and required permits and approvals,
Signature Page to Voluntary Compliance Agreement
Page 1 of 5
with all necessary documents,to
restore the subject parcels to a state
of compliance with the Everett
Municipal Code and the Everett
Shoreline Master Plan. Permit
applications and approvals are
required for either the approval of
the current development or to
remove the unpermitted alterations
and restore the site and critical
areas. Required review will include
Building,Land Use,Public Works and
Shoreline permits and all necessary
supporting documentation (e.g.,
critical area studies). Information on
the City of Everett Permit application
process can be found at
www.everetwa.gov/permits
3. By 1/ 2 1/13/2026—Once
the Building, Public Works,and
Shoreline permits are issued,restore
the subject property,floodway,and
critical area and/or buffer and gain
final inspection approval from the
City of Everett Building,Planning and
Public Works Divisions.
2. Other Provisions Not Affected. Except as expressly amended herein, all
provisions of the Agreement remain unchanged and In full force and effect.
3. Counterparts. This Amendment may be executed in counterparts each of
which is an original and all of which shall constitute a single agreement.
Signature Page to Voluntary Compliance Agreement
Page 2 of 5
EXECUTED by the parties on the dates set forth below.
OWNER
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CITY OF EVERETT
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STANDARD DOCUMENT
APPROVED AS TO FORM
OFFICE OF THE CITY ATTORNEY
EVEnETT November 1,2023
Signature Page to Voluntary Compliance Agreement
Page 3 of 5
OWNER NOTARIZATION PAGE
If Owner is one or two individuals:
f
STATE OF WASHINGTON
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COUNTY OF
This record was acknowledged before me on ,20^_by '
[Stamp Below)
Signature
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NOTARY Punuc In and for the State of Washington
My Commission
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If Owner Is an entity:
STATE OF WASHINGTON
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[Stamp Below)
JODY L SULLIVAN ( Si 1 lure
Notary Public
State of Washington NOTARY PUUIJC in and for the State of Washington
Commission P 184809
My Comm.Expires Jun 30,2028 ` My Commission h
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Notarization Page
Page 4 of 5
CITY NOTARIZATION PAGE
STATE OF WASHINGTON
] ss.
COUNTY OF SNOHOMISH
This record was acknowledged before me on 'EC.f ill b - 1-7 , 20 by Cassie
Franklin as the Mayor of the City of Everett, a Washington municipal corporation.
[Stamp Below]
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Li VOLUNTARY COMPLIANCE AGREEMENT
EVERETT Case Number: CE23-0415
WASHINGTON
Date: 10/31/2023
City of Everett Code Enforcement Unit
3200 Cedar Street• Everett,WA 98201
425.257.8560•CodeEnforcement@everettwa.com
THIS VOLUNTARY COMPLIANCE AGREEMENT ("Agreement") is between City of Everett
("City")and the person(s)shown as"Owner" in the table in Section 1 below.
Section 1. Table of Basic Information
Owner Name(s): LYONS II LLC
Address:9502 36TH AVE SE, EVERETT, WA 98208
Email: leo@leoswelding.com
Responsible Person Name:
(if different than
property owner) Address:
Email:
Property Where Address Known As:3300 HEWITT AVE, Everett,Washington
Violation Occurred
Parcel Numbers: (1) 00439901000001, (2) 00439901000003, (3)
00562564500100, (4) 00593570000101, (5) 00593570000102, (6)
00593570200102, (7) 00593570200101, (8) 29052900101900, (9)
29052900102400 (There are additional Parcel Numbers documenting
the Mining Rights of Railroad Properties LLC)
Page 1 of 9
Description of Date(s): 5/2/2023, a Notice of Violation and Order was issued on
Violation and codes 5/5/2023 with corrective action dates 8/31/2023 for full permit
violated: (Notice(s) submissions and 5/2/2024 for full abatement.
of Violation and/or The unpermitted alterations within a floodway area and a critical area
other enforcement and/or critical area buffer are violations of Everett Municipal Code
document(s) issued (EMC):
are attached to this EMC Provision(s)Violated:
Agreement) EMC 19.30.040 Compliance.
All development within special flood hazard areas is subject to the
terms of this chapter and other applicable regulations. No structure or
land shall hereafter be constructed, located,extended,converted,or
altered without full compliance with the terms of this chapter and
other applicable regulations. Enforcement of the provisions of this
chapter shall be performed in accordance with the procedures
established in Chapter 1.20 EMC. (Ord. 3766-20§9 (Exh. A), 2020.)
EMC 19.37.040 Critical area features.
On all lots containing or within three hundred feet of critical areas,the
following features and their buffers shall not be altered or developed
except as otherwise permitted by this chapter:
A. Areas of special flood hazard (if located in a designated floodplain,
also see Chapter 19.30 EMC);
***
D. Fish and wildlife habitat conservation areas,
including streams/riparian areas, lakes, marine waters, habitats of
primary association,continuous vegetative corridors linking
watersheds, and significant biological areas as defined in this title;
***
Date(s):5/2/2023
The failure to obtain a Shoreline Permit for the substantial
development on the shoreline is a violation of the City of Everett
Shoreline Master Program,
https://everettwa.govJDocumentCenter/View/19658/Shoreline-
Master-Program-October-2019
EMC Provision(s)Violated:
Everett Shoreline Master Program (page 25,26)
Applicability
***
Development and use of the shorelines of Everett shall be subject to
the following requirements:
***
2.Substantial development permit. No substantial development shall
be undertaken on the shorelines of Everett without first obtaining a
shoreline permit from the city. Substantial development is defined in
Page 2 of 9
RCW 90.58.030(3)(e). Substantial development generally includes
development which exceeds a total cost or fair market value of$7,047,
or any development which materially interferes with the normal public
use of the water or shorelines of the state.
***
Date(s):5/2/2023
The unpermitted clearing, grading and development activities on the
site without required Public Works Permits are violations of EMC:
EMC Provision(s)Violated:
EMC 13.76.010 Development and dissemination.
The mayor and/or the director of public works is hereby authorized to
develop, disseminate, revise and update design and construction
standards and specifications for utility work,work in the public right-of-
way or in easements, and all other work performed pursuant to
construction-related permits issued by the city of Everett. (Ord. 898-82
§ 1, 1982.)
2023 DESIGN AND CONSTRUCTION STANDARDS AND SPECIFICATIONS
Volume I,Section 1-7
1-7 PERMITS A permit is required for all work within the public right-of-
way and city utility easements,and for all work on private property,
including but not limited to;sewer,water, and drainage improvements,
fill and excavation, parking lot construction, retaining walls and/or
paving. Consult with City of Everett Permit Service for the appropriate
type of permit and its required documents.
***
EMC 14.28.030 Requirements for development,redevelopment and
construction activities.
A. Applicability.This chapter is applicable to discharges
to stormwater,surface water,or ground water.The design,
construction and maintenance requirements and standards on all
projects subject to this chapter shall meet or exceed the thresholds,
definitions and criteria contained in the following, in the following
order of precedence:
1. This chapter; and
2. City of Everett Design and Construction Standards and
Specifications for Development; and
3. The Stormwater Management Manual for Western Washington.
A Construction Stormwater General Permit, administered by the
Department of Ecology(DOE),will be required for this project if it will
disturb an acre or more of land. Additional information as well as an
application form can be found on the DOE website at:
www.ecy.wa.gov/programs/wq/stormwater/construction/
Design &Construction Standards Manual
Page 3 of 9
https://everettwa.gov/1531/Design-Construction-Standards
Stormwater Manual https://www.everettwa.gov/1985/Stormwater-
Technical-Resources
Date(s): 5/2/2023
Construction work and/or alterations completed without required
Building Permits are violations of the International Building Code (IBC),
and renders the structures Unlawful as defined by the International
Property Maintenance Code
EMC Provision(s)Violated:
IBC 105.1 Required.
Any owner or authorized agent who intends to construct, enlarge,
alter, repair, move,demolish or change the occupancy of a building or
structure, or to erect, install, enlarge, alter, repair, remove,convert or
replace any electrical, gas, mechanical or plumbing system,the
installation of which is regulated by this code, or to cause any such
work to be done, shall first make application to the building official and
obtain the required permit.
IPMC 108.1.4 Unlawful structure.
An unlawful structure is one found in whole or in part to be occupied
by more persons than permitted under this code,or was erected,
altered or occupied contrary to law.
IPMC 106.1 Unlawful acts.
It shall be unlawful for a person,firm or corporation to be in conflict
with or in violation of any of the provisions of this code.
Corrective Action(s) 1. IMMEDIATELY cease all development and/or alteration of the
Required and property.
Compliance 2. By 3/18/2024—
Schedule for Submit complete applications for all of the necessary and required
Corrective Action(s) permits and approvals,with all necessary documents,to restore
the subject parcels to a state of compliance with the Everett
Municipal Code and the Everett Shoreline Master Plan.
Permit applications and approvals are required for either the
approval of the current development or to remove the unpermitted
alterations and restore the site and critical areas. Required review
will include Building, Land Use, Public Works and Shoreline permits
and all necessary supporting documentation (e.g.,critical area
studies).
Information on the City of Everett permit application process can
be found at www.everettwa.gov/permits
3. By 1/13/2025—
Once the Building, Public Works, and Shoreline Permits are issued,
restore the subject property,floodway, and critical area and/or
buffer and gain final inspection approval from the City of Everett
Building, Planning and Public Works Divisions.
Page 4 of 9
[remainder of page blank;Agreement continues on following page)
Page 5 of 9
Section 2. Purpose. The purpose of this Agreement is to establish a binding
contractual relationship under which the parties will address specified code violations relating
to the Property by establishing an enforceable compliance schedule as an alternative to formal
code enforcement proceedings and/or abatement. The purpose of this Agreement is also to
expressly authorize the City to unilaterally abate the noncompliant conditions on the Property
at the Owner's sole expense in the event that such compliance schedule is ultimately violated.
This Agreement shall be reasonably construed in furtherance of these purposes,
Section 3. Admission of Code Violations. The Owner is the owner of the Property.
The Owner expressly and voluntarily concedes and agrees as follows:
A. The Property is currently in violation of Everett Municipal Code (EMC).
B. The allegations contained in the City of Everett notice(s) of violation
and/or other enforcement document(s), referred to in the table above and attached to this
Agreement, which are hereby incorporated by this reference as if set forth in full, are both
accurate and correct. The Owner, by entering into this Agreement, admits that the conditions
described in the table in Section 1 and attached to this Agreement existed and constituted
violation(s) of the EMC.
C. The noncompliant condition of the Property is lawfully subject to
enforcement under the EMC and abatement as a public nuisance.
Section 4. Corrective Action/Compliance Schedule. The Owner shall complete the
corrective actions on the compliance schedule provided in the table in Section 1 above. In
addition, the Owner shall take any and all actions necessary to ensure that the Property is
maintained and used in a manner that complies fully with all applicable EMC provisions and
regulatory permit requirements for a period of two (2) years following the date of Effective
Date of this Agreement.
Section 5. Right of Access and inspection Granted. The Owner hereby consents to
and grants the City the right to enter, access and inspect the Property as follows:
A. City personnel may enter the Property in order to inspect and verify the
Owner's compliance with the requirements set forth in this Agreement. The City shall notify
the Owner at least 24 hours before such entry. Notification may be provided orally or in
writing.
B. Separate and independent of subsection (A), from the Effective Date of
this Agreement and extending for two (2) years thereafter, City personnel may enter the
Property at any time on weekdays between 8:00 a.m. and 5:00 p.m. for purposes of inspection
and verification with respect to the requirements of this Agreement. The City shall notify the
Owner at least 24 hours before each such entry. Notification may be provided orally or in
writing.
Page 6 of 9
Section 6. City's Obligations. In consideration of the Owner's fulfillment of Owner's
obligations as set forth herein, and except as otherwise provided in this Agreement, the City
shall discontinue all current enforcement of the notice(s) of violation and other enforcement
document(s) attached to this Agreement.
Section 7. Violations. The Owner acknowledges and agrees that, in the event that
the City determines that the Owner has breached this Agreement or otherwise does not meet
the obligations of this Agreement by failing to fully, completely and timely perform any of the
conditions set forth herein, the City's obligations under this Agreement shall be null and void
and the provisions of this section shall instead apply. in such event, the City may in its sole
discretion proceed with any, some or all of the following remedies, as well as any other remedy,
claim or cause of action authorized by law:
A. The City may impose any remedy authorized by Chapter 1.20 EMC,
including issuance of civil penalties and assessment of all costs and expenses incurred by the
city to pursue code enforcement.
B. The City may initiate criminal code enforcement proceedings against the
Owner for violation of any applicable EMC provision.
C. The City may enter the Property and perform abatement of the violation
by the City, and assess the costs incurred by the City to pursue code compliance and to abate
the violation, including reasonable legal fees and costs, all without having to obtain a warrant
or other court order. The City shall notify the Owner at least 24 hours before each such entry.
Notification may be provided orally or in writing.
D. If a penalty is assessed, and if any assessed penalty, fee or cost is not
paid, the City may charge the unpaid amount as a lien against the property where the code
violation occurred, and that the unpaid amount may be a joint and several personal obligation
of all persons responsible for the violation(s).
E. The City may suspend, revoke, or limit any development permit obtained
or to be sought by the person responsible for the code violation(s).
Section 8. Waiver of Hearing, Claims, Defenses and Objections. In the event the City
takes any action pursuant to Section 7 and/or otherwise enforces this Agreement, the Owner
agrees that the Owner shall be, to the maximum extent allowed by law, deemed to have
waived any and all claims, legal defenses and objections with respect thereto, including but not
limited to the defenses of laches, estoppel, and statutes of limitation. The Owner further
expressly waives, to the maximum extent allowed by law, the benefit of any processes or
procedural rights, specifically including without limitation any right to a hearing, set forth in any
provision of the United States Constitution, the Washington Constitution, the Revised Code of
Washington,the Washington Administrative Code and the Everett Municipal Code with respect
to any such action by the City.
Page 7 of 9
Section 9. Indemnification. The Owner shall fully indemnify, protect, defend and
hold harmless the City, its officers, employees and agents (collectively referred to in this section
as "the City") from and against any and all claims, injuries, liabilities, costs, losses and causes of
action, including attorneys' fees, arising out of or otherwise connected directly or indirectly
with the Owner's actions under and/or breach of this Agreement, and any remedial, corrective
or enforcement action taken by the City in response thereto. The Owner's obligations under
this section expressly include without limitation any personal injury or property damage arising
out of or connected with the City's entry onto the Property for purposes of inspection,
compliance verification, and/or abatement activities, as well as the disposal of any items or
materials removed from the Property pursuant to this Agreement.
Section 10. Signatory Warranties. Each Owner signatory to this Agreement represents
and warrants that he or she has full power and authority to execute and deliver this Agreement
on behalf of the Owner, and that he or she will defend and hold harmless the City from any
claim that he or she was not fully authorized to execute this Agreement on behalf of the
Owner.
Section 11. Recording; Binding Effect. Upon mutual execution, this Agreement shall
have been duly entered into by the parties, shall constitute as against each party a valid, legal,
and binding obligation, and shall be enforceable against each party in accordance with the
terms hereof. This Agreement is a final, binding agreement, it is not a settlement agreement,
and its contents are not subject to appeal. This Agreement may be recorded with the
Snohomish County Auditor's Office, shall be deemed to run with the land, and shall fully bind all
future owners of the Property.
Section 12. Governing Law and Venue. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. Exclusive venue for any
action arising out of or relating to this Agreement shall lie in the Snohomish County Superior
Court.
Section 13. Integration; Modification. All attachments to this Agreement are hereby
incorporated herein by this reference as if set forth in full. This Agreement, inclusive of such
attachments,contains the entire understanding between the parties with respect to the subject
matter hereof, and shall not be modified, amended or terminated in any way, except by a
writing signed by the parties hereto.
Section 14. Non-waiver. Failure by the City to enforce a breach of any provision of
this Agreement shall not be construed as a waiver of that or of any other provision hereunder.
Section 15. Joint and Several Liability. Each Owner shall be jointly and severally
responsible and liable for compliance with all applicable provisions of this Agreement.
Page 8of9
Section 16. Severability. If any sentence, clause or provision of this Agreement is
ultimately invalidated by a court of competent jurisdiction, such invalidity shall not affect any
other sentence, clause or provision hereof.
Section 17. Regulatory Authority Preserved. Nothing herein shall be construed as a
waiver, abridgement or limitation of the City of Everett's regulatory authority and/or police
power,which the City hereby expressly reserves in full.
Section 18, Counterparts/Signatures. This Agreement may be executed in several
counterparts, each of which when so executed shall be deemed to be an original, and such
counterparts shall constitute one and the same instrument. Execution and delivery of this
Agreement by a party shall be legally valid and effective through any of the following: (i)
executing and delivering a paper copy, (ii) execution and/or transmittal by AdobeSign or
DocuSign or other e-signature method, or (iii) transmitting an executed copy by email in pdf
format or other electronically scanned format. This Agreement may be signed in counterparts.
In the event that this Agreement is to be notarized, the Owner shall sign in ink if so requested
by the City.
Section 19. Effective Date. This Agreement shall take effect on the latest date is it
fully executed by both parties.
THE UNDERSIGNED OWNER(S) CERTIFIES THAT THEY HAVE READ THE FOREGOING
AGREEMENT, THAT THEY HAVE HAD AN OPPORTUNITY TO REVIEW IT WITH THEIR LEGAL
COUNSEL, THAT THEY FULLY UNDERSTAND IT, THAT THEY ARE EXECUTING THIS AGREEMENT
VOLUNTARILY AND WITHOUT DURESS OR COERCION, AND THAT THEY ARE LEGALLY BOUND BY
IT UPON EXECUTION.
[signature page follows]
Page 9 of 9
OWNER l'
LYONS-II LLC
LEONARDO ESTRAD
NAME/SIGNATU :—LLC OVERNOR
DATE: 11/06/2023
CITY OF EVER
Cassie Fran in
Its: Mayor
DATE: I\ )?--0.02--
ATTEST:
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Office City Clerk
_ STANDARD DOCUMENT
II I APPVTo FM
OFFICERO OFED THE AS CITYOR ATTORNEY
EVERETT 11,10V. I ,2023
'signature Page to Voluntary Compliance Agreement
OWNER NOTARIZATION PAGE
If Owner is one or two individuals:
STATE OF WASHINGTON
} ss.
COUNTY OF W)
This record was acknowledged before me on, NOM\Oe1' Coy ,2O2bby
401\\M"dt0 V y&do
[Stamp Below]
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SHAUNA MITCHELL ' Signat
Notary Public
State of Washington NOTARY PUBLIC In and for the State of Washington
I Commission N 23013530
My Comm,Expires May 11,2027 My Commission
Expires A,V) 1\ 202"1
If Owner is an entity:
STATE OF WASHINGTON
} ss.
COUNTY OF
This record was acknowledged before me on ,20_by
as the of ,a
[Stamp Below)
Signature
NOTARY PUBLIC in and for the State of Washington
My Commission
Expires
Notarization Page
CITY NOTARIZATION PAGE
STATE OF WASHINGTON
} ss.
COUNTY OF SNOHOMISH /� ` ^
This record was acknowledged before me on 1 1bveU�' cy'O , 200t0by Cassie
Franklin as the Mayor of the City of Everett, a Washington municipal corporation.
[Stamp Below]
LEL, (..a0,61fik_s
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