421 85TH PL SW 2018-01-02 MF Import

1 May 8, 1980 John E. Phillips Attorney at Law 403 Columbia Street Seattle, WA 98104 Re: Sewer Connection Charge Applicability and Hold Harmless Language CITY or everett CITY HALL • 150.9641 ry",". 'AW11610H r/,ol City AIICMry Dear John: This letter will confirm our phone conversations. The first issue you raised concerned the applicability of the ordinance establishing special charges for connection to the City sewer system (Ordinance No. 669-80) to a developer who had applied for building permits prior to the effective date of the ordinance. As I Indicated, 1 am not convinced that this situation is a pure vested rights case because I don't feel the vested rights doctrine precludes all additional conditions or regulations on the issuance of a building permit. But this office does feel the Intent of the City Council under Ordinance No. 669-80 was to exclude from the coverage of the ordinance those developers who had submitted an application and were actively pursuinv building permits prior to the effective date of the ordinance. I would qualify this position insofar as there is a separate basis for a sewer assessment such as a mitigating condition oil a declaration of non - significance or resulting from a formal environmental assessment such as an impact statement. Also, I would further qualify this position concerning building permit applications which are pending in excess of 180 days. (See Uniform Building Code, Section 303(c).) The second concern you raised in our discussions was the breadth of the hold harmless language in the development agreement. In order to address tills concern, I would suggest the following language: S. Developer covenants and agrees to save and hold City harmless from any and all cost, expense, claim, cause of action or damage incurred by, suffered or occasioned to developer, Its successors in interest, tenants, or lessees resulting from, arising out of or proximately caused by the procedure agreed to herein including but not limited to costs, expenses, claims, causes of action or damage from delay necessitated by additional environmental review or other challenge to the procedures followed by the City pursuant to this Agreement and/or the final ordinance which the City Council adopts concerning development ano public Improvements In the vicinity of Casino Road.