This Agreement, dated this 19th day of September, 2001, is by and between U Village Imp. Limited Partnership ("Village"), a Washington limited partnership, and Ravenna-Bryant Community Association and Laurelhurst Community Club (collectively, "Associations").
The Village has received approval for a master use permit from the City of Seattle ("City") for a project at 4500-25th Avenue NE, Master Use Permit application number 2002354 ("Master Use Permit"). The Associations have appealed the Master Use Permit to the City Hearing Examiner, Hearing Examiner File No. MUP-01-027 ("Appeal"). The Village has applied to the City for approval of a short plat of the property at 4500-25th Avenue NE under Master Use Permit application number 2005186 ("Short Plat"). The Associations have submitted comments to the City regarding approval of the Short Plat. The Village and the Associations wish to settle the Appeal and resolve their disagreements concerning the Short Plat.
The parties agree as follows:
- Dismissal of Appeal. Upon execution of this Agreement by all parties, the Associations will promptly dismiss the Appeal with prejudice. The Associations, Jeannie Hale, and Mary Whitfield, also agree not to appeal or oppose any construction permits issued pursuant to the Master Use Permit so long as the construction permits are consistent with this Agreement, the SMC and other laws and regulations.
- Non-Opposition to Short Plat. The Associations, Jeannie Hale, and Mary Whitfield, agree not to oppose the Short Plat. This obligation specifically includes the obligation to refrain from appealing approval of the Short Plat to any forum, administrative or judicial, supporting an appeal by any other person or group or supporting any opposition to the Short Plat application, so long as the Short Plat is consistent with this Agreement.
- Employee Parking. The Village agrees to continue the current Village policy to offer and subsidize the King County Metro FlexPass program to employees of the Village by at least 50 percent of the cost of one and two zone fares for employees who choose to use transit to commute to and from work. Upon completion of construction of the garage portion of the project authorized by the Master Use Permit, the Village further agrees to increase by 50 the number of on-site parking passes to employees from its current number of 150 to a new total of 200 on-site parking passes to employees. The Village also agrees to expand its "After 5 Parking" program to all employees. The Village agrees to advertise the availability of the "After 5 Parking" program in a manner sufficient to provide notice to all employees. Under the "After 5 Parking" program all employees who work at the Village after 5 p.m. will be allowed to park on-site after 5 p.m. on University Village property in designated employee parking areas to the extent space is available therein. This program shall also be available during the holiday season.
- Study of Transportation Improvements with Community and City. The Village agrees in good faith to work with the Associations, local businesses, the University of Washington, and the City in ongoing efforts to evaluate and recommend transportation improvements in the vicinity of the Village with respect to questions such as the 25th Avenue NE center lane, business and UW driveways and entrances, and traffic calming. The Village's obligations set forth in this paragraph, however, shall not include the obligation to participate in the funding of any such improvements except to the extent it may be required to do so pursuant to lawful requirements imposed by the City of Seattle or any of its departments or agencies. The Village agrees to involve the Associations in the development and implementation of the Transportation Management Plan that has been required by the Department of Design, Construction and Land Use, by providing copies of the Transportation Management Plan and any documentation or field verifications required by the Department of Design, Construction and Land Use to the Associations prior to submission to the Department of Design, Construction and Land Use. If the Village inadvertently fails to comply with this good faith provision, it shall not constitute a breach of this Agreement. Nothing in this Agreement shall prohibit the Associations from proposing changes to the Transportation Management Plan required by the Department of Design, Construction and Land Use.
- Payment for Off Site Improvements. In the interest of providing increased pedestrian, bicycle, and vehicle safety, the Village commits to pay the sum of $65,000 for off-site neighborhood improvements ("Funds"). The Funds may be used for the construction of sidewalks on 30th Ave NE and NE 50th, for the lighting of the existing overhead crosswalk sign on NE Blakely and the Burke-Gilman Crossing, or for such other neighborhood improvements or pedestrian enhancements as mutually agreed between the Village and the Associations. The Funds shall be secured by an irrevocable letter of credit acceptable to the City to assure payment of the Funds when due. The letter of credit shall be posted by the Village after identification of the project or projects and upon written notification by the City of the City's completion of their conceptual design. The Funds guaranteed by the letter of credit shall be released directly to the City at the time the City lets the contract for the construction of the project or projects.
- Heirs, Successors and Assigns. The terms and conditions of this Agreement shall bind the parties' heirs, successors, and assigns. The Agreement shall run with the land for the life of the improvements constructed pursuant to the Master Use Permit. This Agreement shall be recorded upon issuance of the Master Use Permit upon the property as described in the Master Use Permit application.
- Entire Agreement. This Agreement contains the entire agreement among the Parties with respect to the subject matter hereof and shall not be modified or amended in any way, except in writing, signed by the parties hereto, or their successors in interest.
- Authority. Representations and Warranties. Each signatory to this Settlement Agreement represents and warrants that he or she has full power and authority to execute and deliver this Agreement on behalf of the entity for whom he or she is signing. Upon proper execution and delivery, this Agreement will have been duly entered into by the Parties, will constitute as against each Party a valid, legal and binding obligation, and will be enforceable against each Party in accordance with the terms herein.
- Enforcement. The Village and the Associations agree that damages may not be an appropriate remedy for breach of this Agreement and that the parties are entitled to seek specific performance and or injunctive relief.
- Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington.
- Waiver. No waiver by any party of any default in the performance of any other party of any agreement contained herein shall be construed as a waiver of any subsequent default.
- Severability. If any of the provisions of this Agreement shall prove to be invalid, void or illegal, it shall in no way affect, impair, or invalidate any of the other provisions hereof.
- This Agreement may be executed in counterparts and faxed signatures are acceptable.
- This Agreement shall be effective on the date it is signed by the parties, as indicated above.
- Notices. Unless otherwise specified, all notices hereunder shall be in writing and shall be effectively given when delivered personally, on the date of delivery or, if mailed, three (3) days after deposit in the United States mail, first-class postage prepaid, certified or registered. For purposes of notice, the addresses of the Parties shall be:
For U Village Imp. Limited Partnership:
University Village Partnership
1305 Fourth Avenue, Suite 3000
Seattle, WA 98101
For the Associations:
Jeannie Hale, President |
Laurelhurst Community Council
3425 W Laurelhurst Drive NE
Seattle, WA 98105
Mary Whitfield, Acting Chair
Ravenna-Bryant Community Association
2911 NE 53rd Street
Seattle, Washington 98105
The addresses of the Parties may be amended by written notice to the other party.
U VILLAGE IMP. LIMITED PARTNERSHIP|
A Washington Limited Partnership
By: UV IMP., INC.
A Washington Corporation
Its General Partner
RAVENNA-BRYANT COMMUNITY ASSOCIATION|
Its Acting Chair
LAURELHURST COMMUNITY CLUB|
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