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) 7 1%":".`", <br /> cr.D LAI 20-18 <br /> Li <br /> SETTLEMENT AGREEMENT e•st-± <br /> 1 t'Se'NI cc; <br /> This Settlement Agreement ("Agreement") is entered into this day of September, <br /> 2018, by and among the CITY OF EVERETT ("City") and KELVIN AND PATTI BARTON <br /> ("Bartons") (collectively, "Parties") regarding Snohomish County Superior Court cause number <br /> 17-2-0845-31 ("Lawsuit"). <br /> RECITALS <br /> A: On January 12,. 2017, the City issued a notice td stop work ("Stop Work Order)" <br /> regarding the =permitted grading and importing of rock located at the Bartons' property at 415 <br /> Olympic Blvd. (also referred to as 501 Olympic Blvd.) in Everett,Washington("Property"). <br /> On.August 23, 2017, the Bartons filed the Lawsuit against the City, after having <br /> filed a tort claim notice with the City and the requisite time period having passed. The.Bartons <br /> alleged they are owed monetary damages and attorney& fees, among other costs, as a result of the <br /> damage alleged in their Complaint. <br /> C. The City denied the claims in the Complaint and also filed cross-claims.. The City <br /> requested that the property be restored and asked to be awarded attorneys' fees,among other costs. <br /> The Bartons denied the City's claims. <br /> D. On October 16,2017, the Bartons filed a public works permit application for repair <br /> of the driveway at the Property (PW1710-025) ("Permit Application"). On December 22, 2017, <br /> the City denied the request to perform for the applied-for work. The Permit Application remains <br /> outstanding. <br /> To avoid the expense of continuing litigation, the Parties agree as follows: <br /> TERMS OF AGREEMENT <br /> 1. Modification of the Permit Application. Upon fourteen(14) days of signing this. <br /> Agreement, the Bartons will submit a modification to the currently-pending Permit Application. <br /> The Bartons' modified Permit Application will be for "restoration of a disturbed stream buffer <br /> area". The Bartons' associated plan description for the modified Permit Application will be <br /> submitted as follows: "The Bartons will apply topsoil and native plant seed to the gravel area in <br /> the disturbed stream buffer area. The topsoil shall be of such quantity to allow the seed to sprout <br /> and take root." <br /> 2. Granting of the Modified Permit Application. The City will grant the Permit <br /> Application as modified pursuant to Section 1 of this Agreement and issue a permit pursuant <br /> thereto("Permit"). The City will lift the Stop Work Order upon granting of the Permit Application. <br /> 3. Performance of Work and Insnection. By October 15, 2018, the Bartons will <br /> perform the work as described in the Permit. Thirty (30) days after the Bartons have performed <br /> tr.:31 <br /> JES\006085\0083\00987586 <br />