4704 HARBOR LN 2018-01-02 MF Import

E'- l 01� -Zor v SETTLEMENT AGREEMENT This Settlement Agreement ("Agreement") is made and entered into as of this 1 st day of August. 9010, by and between Fredric B. Anderson and Holly S. Anderson, and the marital community thereof (the "Andersons") and the City of Everett (the "City") (collectively the "Parties)." WHEREAS, in June 2009 approximately 38 trees were cut on the Andersons' property at 4704 harbor Lane, Everett, Washington, and on adjacent properties identified as Parcel Nos. 004171-000-048-01 and 29043-500-401-600 by the Snohomish County Assessor's office (this event, the "Tree Cutting"). The Tree Cutting occurred on a steep slope and the slope's buffer (the "Affected Area") in violation of Chapter 19.37 of the Everett Municipal Code. Thereafter, a landslide occurred in the area; and WHEREAS, the City identified steps the Andersons would need to take to voluntarily implement a restoration and stabilization plan in the Affected Area in compliance with applicable City code requirements. The City's requirements of the Andersons are contained or referenced in correspondence from the City between July 17, 2009 and the present date, including letters dated July 17, 2009, September 8, 2009, October 2, 2009 and ,;une 1, 2010, and this Agreement (all such requirements, the "City Requirements"); and WHEREAS, the Andersons will provide the City with recorded copies of those covenants referenced in this Agreement and pay a penalty to substantially complete their compliance with the City Requirements; and WHEREAS, with once the City has received of the recorded covenants and the payment of the agreed penalty, the Andersons will have complied with the City Requirements to the satisfaction of the City, with the exception of any ongoing maintenance of the Affected Area required by the approved restoration plan contained in the City Requirements; NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows: AGREEMENT 1. Andersons. The Andersons will pay the City ten thousand dollars (310,000) by August 31, 2010. If not already completed, the Andersons will execute and return to the City by August 31, 2010, recorded copies of the Declaration of Covenants, Conditions and Restrictions, the Agreement Concerning the Covenants, Settlement Agreement — 4704 Harbor Lane 1 �/3