08-039.00 Lanzce Douglass, Ponderosa Neighborhood Assoc.' ~ • •
STANDSTILL AGREEMENT
THIS AGREEML-T1T is entered into by, between, and among LAAI7CIr G.
DOUGLASS, I7~iC., LAN7CF G. DOUGLASS INV$STNE?~~1-S, LLC, and LAiVZCE G.
DOUGLASS ("Douglass"}, and PONDEROSA I~,IGHBORHOOD ASSOCIATION
("PI~IA'~, and the CITY OF SPOKANE VALLEY ("City"), who shall collectively be called
the "parties," and is effective as to each party as of the date signed by such party as set forth
below.
~rJHEREAE, the parties are parties to an action pending in the Superior Court of
Washington for Spokane County, cause ~tumbes 07-2-05749-2, styled trance G,_Dou lag_ss,
Inc., et al., v. City of Spokane Valley et al. ("the Superior Court action"), in which
Douglass has sued the City and PNA under various causes of action; and
WHEREAS, the Superior Court action arises out of various decisions made by
Hearing Examiner Michael Dempsey regazding development permit processing and
application of°the State Environmental t?olicy Act, Ch. 43.21C RCW; and
WHEREAS, the Hearing Examiner has issued a deeision dated November 30, ?007,
and related to f le ntunbers SUD-07-04/PUD-04-04/APP-04-07 (the "Hearing Examiner's
decision"}, which decision sets forth the following as its concluding order:
$ased on the Findings of Fact and Conclusions of Law stated above, the
:appeal of the Mitigated Determination of Nonsignificance (MDNS) is hereby
granted, the MDI~TS is reversed, and the City Planning Division is hereby
` directed and ordered to issue a Determination of Significance (DS) for the
preliminary plat/PLlD application under the City Environmental Ordinance.
This decision is not subject to appeal.
;and
WHEREAS, each of the parties hereto acknowledges that the Hearing Examiner's
above-quoted order daes not impose an implementation deadline for compliance on the City;
and
tWI-IEI~.EAS, Douglass believes that the I•Iearing )examiner does not have the legal
authority to issue such an order, and that said authority is in pant the subject of the Superior
Court Action; and
Standstill Agreement - 1
c08-39
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WF~REAS, each of the parties hereto believes that it is in their respective interests
to enter into this agreement in order to allow for the timely and cffcient resolution of the
Superior Court action without simultaneously being required to respond to a withdrawal of
the SEPA MDNS a.ud issuance of a SEPA 3~S by the City pursuant to the terms of the
Hearing Exaariiner's decision; and
~,V1iEREAS, each of the parties hereto acknowledges that full, valid, and binding
consideration exists for the execution of this standstill agreement and that such consideration
consists of the mutual promises contained herein, and the performance by each of the parties
of their respective mutual and indepeadent covenants and representations as set forth herein;
i+101~', 'fHERE]?OR.E, intending to be legally bound, and for, and in consideration of,
th.e terms, conditions and mutual obligations set forth herein, including the perforrnanee by
each of the parties of their respective mutual and independent covenants and representations
as set forth herein, and understanding the meaning and legal effect of entering into this
standstill agreement, the parties hereto stipulate, agree, wan-ant, and represent as follows:
1. Each party hereto does hereby covenant and agree with each of the other parties
hereto'that cash such party wilt no~v and forever hereafter refrain from pursuing or
instituting any litigation, administrative action or other proceeding, whether far
injunctive or other equitable relief or damages of any kind, uicluding direct and
consequential Fosses, relating in any way to the City's deferral of withdrawing the
SEPA'ivfDAlS and issuing a SEPA DS, as set forth in the Hearing Examiner's
decision, prior to the complete and final termination of the Superior Court action and
all appeals thereof
2. Wifhout limiting Effie generality of the foregoing, the parti_cs agree that this
agreement is not intended to substantively or adversely affect the rights of any of the
parties hereto as they exist on or before the execution of this agreement. Rather, this
agrccrrlent is intended to maintain the status quo of the parties, and to maintain
whatever rights the parties may have as to the matters addressed herein as of and
before the cxccutian of this agreement so as to allow the Superior Court action to be
fully and completely litigated to a concEusion without liability for damages, loss, or
Standstill Agreement - 2
• •
any other legal jeopardy thereby accruing to the City for taking no action pursuant to
the Hearing Examiner's decision prior to the complete and final terminaton of the
Superior Court action and ail appeals thereof.
3. The parties further acknowledge and agree that notwithstanding any language
herein which might otherwise be construed to the contrary, if it comes to their
attention that this agreement, as implemented, does not, as fo any particular matter,
provide maintenance of the status quo of the parties andlor their rights as to the
matters addressed herein as of and before the execution hereof, they will use their
best efforts to correct that situation by taking such action or refraining tv take such
action as will reasonably provide for such maintenance of the status quo or
protection of rights and thereby continue to presence and maintain the absence of
liability for damages, loss, or any other Iegal jeopardy thereby accruing to the City
for taking no action pursuant to the Hearing Examiner's decision prioe to the
complete and final termination of the Superior Court action and all appeals thereof.
4. Each party further acknowledges, agrees, and represents to each of the other
parties thaf such party has the power and authority to enter into this agreement and to
tie actions, or refrain or forebear from taking actions, as described herein so as to
implement the provisions and intent of this agreement,
5. This agreement may be executed in multiple counterparts, each of v~~hich shall be
deemed original for al! purposes. Facsimile copies of signatiues shall be effective
upon tvansmission, and the receipt of a facsimile copy containing a signature shall he
effective and treated as an executed original.
IN~ WITNESS WH.PREOF, the undersigned have executed this agreement on the
respective dates set forth below and effective as to each of the respective dates written
below.
Standstill Agreement - 3
•
LAI~iZGE G. DOUGLASS, INC.
By:
Its;~~v r
Dated.: 3 , ~'U ' D
LANZC>; G. DOUGLASS INVESTMENTS, LLC
ItS: f~-~'-t-a.r~--'~
Dated: 3. - Lu -- a ~'
•
k~ ~ _
LAI~tZCE G. DOUGLASS , h~ h~'` L'"' L ~ J ~"; ~ / A~6~~
Dated: .~ ~l U ~G~'
CITY OF SPOKANE VALLEY
Its:-r~ i ~V~l~.t~if.~.~_ ~'S ~i ~ -~
Dated: - / ~ - a
PONDEROSA ?~rETGFIBORH00D ASSOCIATIOT!
By:
Its:
Dated:
Standstill Agreement - 4
R1ttiR-(~-108 ~5:11~b1 ~rt~M- [v~-eci-unit t-ow r.uus,uuJ r-t~~
. .- • •
~.AI`~ZCE G. DOUGLASS, INC.
BY~_..
Its:
Dated:
LANZCE Cr. DOUGL,aSS INVESTMEAITS, LLC
By:
Iu.
Dated: _
LANZCE G. DOUGLASS
Dated:
CITY OI:' SPOKANE VALLE'Y'
By:
Its:
Dated:
~ONUEROSa I~7EIGH33ORHOOD ASSOCIATION
By: M~~ ~
Its: A r~tn ,~.~.,
Dated:
Stardst;ll Agreement - ~
MRR 1 P, ?_G.1~B i 6 ~ ~i5 206 621 0512 PAGE. 0~
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s
QFFICE OF TIDE ~ AT'I'O1Y
MICHAEL CONNELLY, CTTY ATTORNEY
CARP 1'. DRISKELL, TaEPUTY CITY ATTORNEY
11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206
509.921.1000 • Fax: 509.921.1008 • cityhall@spokancvallcy.org
May 20, 200$
David S. dvlann
Gendler & Mann. LLP
1 X24 Fourth Avenue, Suite 1015
Seattle, WA 98101
RE: Larrc~e G. Douglass, Inc. v. City Of Spokmze Palley; Case ~Vo. 07-2-O.i799-2
17car Mr. Mann:
Attached is a copy of t?ie Standstill A~ Bement pertaining to the case referenced above for
yow records. If you need additional i.n:fonnation, please feel free to contact me.
Sincerely, /,,
Patricia McConville
Admiuustrative Assistant
atch:
Standstill A.a Bement
cc:
Lancze Douglass, c/o Crof_f Murphy; PLLC, 300 East Pine, Seattle, WA 98122 wlatch
(;h of 5 x ~cli m, ar;~0e_ ~iit ~~ {~lcrJc Gilty ~ ~ ,.'• ~ ~ 1 Marie '~l~illey
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