Kelvin and Patti Barton 10/10/2018

the work as described in the permit, the Bartons will call the City for an inspection. The City will timely perform an inspection. 4. Final Approval. If the inspection shows that the work has been completed in conformance with the Permit and that the seed has begun to sprout and take root, the City will issue a final approval. This final approval will close out the Permit. By closing out the Permit, the City acknowledges that there is no known existing violation of the City's critical area regulations—Chapter 19.37 of the Everett Municipal Code—on the Property. 5. Dismissal of Lawsuit and Release. Upon issuance of the final approval of the Permit, the Lawsuit — claims and counterclaims — will be dismissed with prejudice and without costs. 6. Miscellaneous. Nothing in this Agreement will prevent the City from enforcing its codes in the future if a new violation is created or discovered on the Property. If the Bartons wish to perform any future work or development on the Property, the Bartons will submit a reasonable use application and/or any other required documentation, which the City will process in due course. 7. No Admission of Fault. The Parties agree and acknowledge that this Agreement does not constitute any admission against interest and will not be used in any subsequent litigation as proof of any wrongdoing on the part of the City or the Bartons. 8. Release. The Plaintiffs and the City as counter-claimant hereby release and forever discharge each other , their agents, employees and lawyers of and from all claims, demands, damages, actions, fines, penalties, requests for injunctive relief or causes of action, whether on account of damages to property, bodily injuries, or death, resulting to or in the future resulting from the occurrence alleged in the Bartons' Complaint or the City's Counterclaim filed in the Lawsuit. It is understood and agreed that this is a FULL AND FINAL RELEASE in full compromise settlement of all claims of every nature and kind whatsoever and the undersigned release 9. Construction of Agreement. This Agreement has been jointly drafted by the Parties following negotiations between them. It shall be construed according to the fair intent of the language as a whole, and not for or against any party. In connection with the disputes between the Parties and the negotiations, drafting, and execution of this Agreement, the Parties have been represented by legal counsel of their choice and agree and acknowledge that they have carefully read this Agreement, that they have had the opportunity to discuss it with their counsel, and that they have entered into this Agreement knowingly, willingly, and voluntarily. 10. Execution and Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original and all of which together shall be deemed a single document. [Signature page to follow.] 2 JES\006085\0083\00987586