Kelvin and Patti Barton 10/10/2018

CITY SETTLEMENT AGREEMENT 44, This Settlement Agreement ("Agreement") is entered into this if� day of September, 2018, by and among the CITY OF EVERETT ("City") and KELVIN AND PATTI BARTON (`Barton") (collectively, "Parties") regarding Snohomish County Superior Court cause number 17-2-08459-31 ("Lawsuit"). RECITALS A. On January 12, 2017, the City issued a notice to stop work ("Stop Work Order)" regarding the unpermitted grading and importing of rock located at the Bartons' property at 415 Olympic Blvd. (also referred to as 501 Olympic Blvd.) in Everett, Washington("Property"). B. On August 23, 2017, the Bartons filed the Lawsuit against the City, after having filed a tort claim notice with the City and the requisite time period having passed. The Bartons alleged they are owed monetary damages and attorneys' fees, among other costs, as a result of the damage alleged in their Complaint. C. The City denied the claims in the Complaint and also filed cross-claims. The City requested that the property be restored and asked to be awarded attorneys' fees,among other costs. The Bartons denied the City's claims. D. On October 16,2017,the Bartons filed a public works permit application for repair of the driveway at the Property (PW1710-025) ("Permit Application"). On December 22, 2017, the City denied the request to perform for the applied-for work. The Permit Application remains outstanding. To avoid the expense of continuing litigation, the Parties agree as follows: TERMS OF AGREEMENT 1. Modification of the Permit Application. Upon fourteen(14)days of signing this Agreement, the Bartons will submit a modification to the currently-pending Permit Application. The Bartons' modified Permit Application will be for "restoration of a disturbed stream buffer area". The Bartons' associated plan description for the modified Permit Application will be submitted as follows: "The Bartons will apply topsoil and native plant seed to the gravel area in the disturbed stream buffer area. The topsoil shall be of such quantity to allow the seed to sprout and take root." 2. Granting of the Modified Permit Application. The City will grant the Permit Application as modified pursuant to Section 1 of this Agreement and issue a permit pursuant thereto("Permit"). The City will lift the Stop Work Order upon granting of the Permit Application. 3. Performance of Work and Inspection. By October 15, 2018, the Bartons will perform the work as described in the Permit. Thirty (30) days after the Bartons have performed 1 JES\006085\0083\009875 86