Loading...
HomeMy WebLinkAboutPermit L07-057 - DOAK HOMES - APPEALDOAK HOMES APPEAL L07-053, L07-054, L07-055, L07-056, L07-057, L07-058, L07-059, L07-060, L07-067, L07-062 Combined NOTE: The contents with the file for each of the above file numbers is the same. RECORD TITLE/DESCRIPTION INCLUSIVE DATES RETENTION DISPOSITION AUTH. NO. DESTRUCTION DATE ' ' . CORDS 5 ` 'tJTRr 0N Doak Homes - D06 -353 — D06 -358; D06 -428 — D06 -431; D06 -440 — 006-445; 008 -423 —D08424 ' DEVELOPMENT PERMITS M06 -205 — M06 -210; M06 -251 — M254; +,t. / M06-266 — M06-271; M08 -222 — MO8 -223' MECHANICAL PERMITS PG06 -160 — PG06 161; PG06 -163 — PG06 -164; PG06 -166 — PG06 -167; PGO6 -214 - PG06- 217; PG06 -223 — PG06 -228; PG08 -243 — PG08 -244 PLUMBING PERMITS 2006 2008 p f <` v.„-... . 5 10 years o N �- i�rc� 579 - 290(19) 5 1 / 4 A. Q. 2Q�S / v2 (� vim �•.' a Ur 1. 05 b ,A �'rg ° i " R - 0, k 4 :'k:.i t. ' -. •. .• �; . :^ 13� t.-k. i ..:. i• ' : ° 4 ; , ,, °. :;: : ' , $: ` - Doak Homes — 006 -353 — 006 -358; 006 -428 — 006 -431; D06 -440 — D06 -445; 0 O 8 — +{ a•3 PERMIT PLANS g — oZ 2006 — 10 years 579 - 290(19) 2(x[ 8 .�;,� 3` ma k > il` K ' r « t7 a r Northfield Carwash — D05 -203 PERMIT FILE AND PLANS j Q - e C v-,..: 2005 6 N O ,t, 10 years �. L� 20( 579- 290(19) 2018 K .. ` r Northfield Carwash — 005 -203 PERMIT PLANS 2005 10 years 579- 290(19) 2018 a @'.. k " F , r , r1 t• r. t - T+�l t �- j l : {fY � IY . 4 :. b +o je. t ' L. V\ t.. O i :Wt Kj. L Q ,. k, z,.4k...w . Doak Homes and Northfield Car Wash: Permits NOT issued. Litigation sEttled 2008. 5-e -ic- \ - ;� .,Y-•,,s a a 2,,. rr r c r > e,. '' T ` - .AV' e.A.4_ �� -F y {- 0 5_e - 4 e-Y-4-e \) o <- 5 A_ - :r. v 1 e. vv, 4.."-4 44.9 " -E'o r 3 dk. � - - 0 v... e. a r-e e v■ e f\{ to is .o c-2 vn '! . vv%' t} , .' r'" . ' � >, Total Number of Boxes 'nsmitted With This Form: Received byi i1 • ; > ; �r , ! � / r " <, (- t � a ` D a te ' `‘ „ Department: DCD Division: PERMIT CENTER Transmitted Ay: Brenda Holt Date Prepared: t~ Q 4,- 5e c' September 30, 2008 / vv ,, k r h a 0 t -P y( r y1 City of Tukwila Records Management Program Storage Center Transmittal o nat write in snaaea areas. 0 e. J i 5 .. � ' L (r'\/ ct c ` e a- \ C7 Brandon Miles - File ct� e3c a :: a.ss. s y 9r .P te,� NE•rtc.� From: Brandon Miles To: Susan Brock Date: 08/02/2007 3:35 PM Subject: File Susan, Thanks, Brandon • Brandon 1 Miles Assistant Planner Department of Community Development City of Tukwila tel (206) 431 -3684 fax (206) 431 -3665 bmiles @ci.tukwila.wa.us • I am going to be putting a Notice of Appeal in the in box and a file needs to be created. There are actually ten L- numbers but I only need one file made up. The fil could read , L07- 053 -062. Ala• 1ir• niln11141o1. +c• nnr C o + + i r. rYn \ Rrnr.rl-sn A/T \T .,nnl Cn + +:.1..n\To. \YD . \ Page 1 of 1 nQ /n 1)nn-7 GS Via hand delivery A T T O R N E Y S A T LAW 11100 N.E. 8TH STREET, SUITE 750 BELLEVUE, WASHINGTON 98004 Department of Community Development City of Tukwila 6300 Southcenter Boulevard, Suite 100 Tukwila, WA 98188 To Whom It May Concern: • • GROEN STEPHENS &KLINGE LLP Name of the appealing party: Doak Homes, Inc. August 2, 2007 JOHN M. GROEN RICHARD M. STEPHENS CHARLES A. KLINGE SAMUEL A. RODABOUGH BRIAN D. AMSBARY RECEIVED CITY OF TUKWILA AUG 2 x'81 PERMIT CEIVEg TELEPHONE (425) 453 -6206 FACSIMILE (425) 453 -6224 Re: Notice of Appeal — Denial of Development Permit Application Numbers D06 -428, D06 -429, D06 -430, D06 -431, D06 -440, D06 -441, D06 -442, D06 -443, D06 -444, and D06 -445 This is a notice of appeal submitted on behalf of Doak Homes challenging the denial of the above - numbered development permit applications. The following information is provided pursuant to the directions set forth in the City's denial letters dated July 13, 2007. Also attached is a check for $1050 to cover the $105 per permit appeal fee. Address and phone of appealing party: Doak Homes, Inc., 11812 26th Avenue SW, Burien, WA 98146, (206) 246 -6587. Authorized contact persons: Charles A. Klinge or Brian D. Amsbary, Groen Stephens & Klinge LLP, 11100 NE 8th Street, Suite 750, Bellevue, WA 98004, (425) 453 -6206. Decisions being appealed: Denial of the above - numbered development permit applications as set forth in letters dated July 13, 2007 and signed by Building Official Robert Benedicto. Alleged errors: Altogether, the above referenced letters set forth six separate grounds for denying Appellant's permit applications. Two of the grounds apply to all ten permits; the others apply to only one or some of the permits. All of the grounds, however, are untenable. Two of the grounds are common to all of the application denials — the letters state that Appellant's applications are (1) are inconsistent with Tukwila Municipal Code (TMC) Section 18.70.030, and (2) that there is inadequate sewer and water service to the lots. Additionally, one or more of the application denials includes the following grounds for denial: (3) the setbacks are Tukwila Dep't of Cmty. velopment 8/2/2007 Page 2 of 2 GROEN STEPHENS & KLINGE LLP inadequate because some of the lots are "through lots "; (4) some of the lots contain private access easements which cannot be counted toward the lot area, thereby reducing their size; (5) application D06 -428 proposed to build over a lot line which requires a lot consolidation and a lot consolidation application hasn't been filed; and (6) application D06 -431 requires a bigger setback from the private access road. Regarding the first ground, the City's decision is based upon an erroneous interpretation of TMC 18.70.030 and related provisions as they existed at the time Appellant submitted the applications. Those provisions allow Appellant to build homes on its lots, even if they fail to meet "minimum dimensional standards for the applicable zone in which [they] are located," so long as they meet other applicable "basic development standards." Regarding the other grounds, they are either erroneous as a factual matter or simply are not grounds for flatly denying permit applications. To the extent any technical deficiencies do exist — which Appellant does not concede — Appellant should be given an opportunity to remedy them. Beyond this, and more broadly, the City should be estopped from denying Appellant's permit applications. Appellant had numerous interactions with city officials who confirmed to him that a home could be built on each of Appellant's lots, and Appellant has invested substantial monies in reliance on the City's representations. The City cannot be allowed to change course now. Actual or anticipated harm resulting from decisions: Denial of these permits substantially reduces the value of each lot, deprives Appellant of his reasonably anticipated income from selling homes on each of the lots, and deprives Appellant of the benefits of the investment it has already made in these lots based on the representations and promises made by the City. Relief sought: Appellant requests that the Building Official's decisions be reversed and the permit applications be approved. Very truly yours, GROEN STEPHENS & KLINGE LLP Charles A. Klinge, : • #26093 klinge @GSKlegal.pro Brian D. Amsbary, WSBA #36566 amsbary @GSKlegal.pro Attorneys for Appellant Doak Homes '( ,° Brandon Miles - Doak Homes: *UPDATED* Cover Letter & Settlement Agt Comments Page 1 From: "Kari Sand" <KARI @kenyondisend.coni> To: "Brandon Miles" <bmiles @ci.tukwila.wa.us >, <jmo... Date: 03/06/2008 12:38 pm Subject: Doak Homes: CC: "Shelley Kerslake" <skerslake @ci.tukwila.wa.us >... ** High Priority ** Jim, Jack, Brandon and Rand- Attached for your review and revision, please find an ** *UPDATED* ** draft transmittal letter and the City's point -by -point responses to Doak Homes' comments on the parties' proposed settlement agreement. I'd appreciate having your comments back by the end of day TODAY, if possible. Please mark your revisions, if any, in "track changes" for my ease of reference and forward them to my paralegal, KATHY SWOYER. I will be out of the office this afternoon, but Shelley and Kathy are available to finalize these documents in my absence. Thanks, again, to all of you for your time and effort. -Kari Kari L. Sand Kenyon Disend, PLLC The Municipal Law Firm 11 Front Street South Issaquah, Washington 98027 425/392 -7090 - phone 425/392 -7071 - fax Kari @KenyonDisend.com This message may be confidential, intended only for the named recipient and may contain information that is privileged, attorney work product, or exempt from disclosure under applicable law. If you are not the intended recipient, you are notified that the dissemination, distribution, or copying of-this message is strictly prohibited. If you receive this message in error, or are not the named recipient, please notify the sender at either the e-mail address or telephone number above, and delete this e-mail from your computer. Thank you. Mr. Charles Klinge Mr. Brian Amsbary Groen Stephens & Klinge LLP 11100 N.E. 8th Street, Suite 750 Bellevue, WA 98004 March 6, 2008 FOR SETTLEMENT PURPOSES ONLY — PROTECTED BY FRE 408 Re: Doak Homes, Inc. v. City of Tukwila, KCSC No. 07- 047181 -9 KNT Dear Messrs. Klinge and Amsbary: City staffhas had an opportunity to review your counteroffer letter dated February 15, 2008, as well as Doak, Homes' point -by -point response to the latest draft of the proposed settlement agreement. "We agree that both sides have made significant progress advancing through to Step Four — submission and approval of the final elevations, floor plans and exterior materials — within, thee- agreed, framework based on the successful meeting between Senior Planner Brandon Miles, Darryl Doak, Jr. and Catherine Anderson of James - Anderson Design, P.S. Since that meeting, Brandon Miles and Darryl Doak, Jr. have been exchanging follow -up e- mails, all of which have indicated that both sides are continuing to move forward. Another significant development that we are pleased to share is that the City's newly elected Mayor was briefed on the elevations recently submitted by Doak Homes, and his reaction was very positive. All of this progress on development issues has been encouraging. Doak Homes' latest counteroffer, however, represents a significant departure from the parties' previously agreed terms as to timelines and financial compensation. For the reasons explained herein, the City cannot accept the timelines and financial terms proposed by Doak Homes. In regards to timing, until now Doak Homes has consistently indicated a desire to move quickly to construct houses on its properties. Both sides have worked diligently towards approval of the final elevations for all lots. From the City's perspective, the only outstanding items to be finalized prior to Council consideration were the following: (1) submission of a street detail for the private street servicing the larger parcel; (2) representative landscaping C: \DOCUME -1 \BRANDO —t\ OCALS-1 \Temp \XPGrpWise \LTR - Citys Settlement Counteroffer 3- 6- 08.doc/T /03/06/08 Mr. Charles Klinge Mr. Brian Amsbary March 6, 2008 Page 2 concepts, which could have been shown on one or more elevations; and (3) a list of trees, shrubs, and groundcovers proposed for use on the sites. Given the relatively few outstanding items to be pinned down, City staff is concerned about timing since Doak Homes' request for "an additional three to five years [from the execution of this agreement] to obtain the necessary building and other permits "' is a significant departure from their prior assertions. Both sides have collectively spent several months, hundreds of hours and tens of thousands of dollars ironing out the details of the proposed developments. The City now seeks to guard against the potential risk that Doak Homes will abandon its efforts to complete the projects given their sudden departure from their original timelines. The City also wants to guard against the possibility that orphan lots will be created. Thus, the City agrees to extend the expiration of the parties' settlement agreement from six - months to one -year, and the City will consider an optional six -month extension, for a total possible term of eighteen- months, subject to identifiable milestones being met. The City asks that Doak Homes identify possible milestones to guard against the City's concerns. In regards to financial terms, City staff cannot recommend Council approval of Doak Homes' increased demands. The increased fee waivers demanded by Doak Homes (" ... waive and/or refund to Doak all fees connected with the two sets of lots ... " are simply unjustified and, moreover, the collective value of the fees is far too high to warrant serious consideration. Based on the City's calculations, all Public Works- related fees amount to approximately $37,000.00 for each proposed single- family residence, for a grand total of approximately $518,000.00 for 14 houses. Given the significant value of these fees and the fact that Doak Homes would be obligated to pay all of them in the normal course, City staff cannot recommend waiver and/or refund of these 'additional fees since the City's elected officials would most certainly reject such terms. Further, some of the fees are not owing to the City directly, rather to third parties such as King County or Cascade Water Alliance. Waiver of water and sewer fees would require transferring funds from the City's general fund to offset the lost revenue in various enterprise funds, thereby creating a shortfall of general fund monies previously budgeted for essential governmental services. These hard costs are difficult to absorb unlike the waiver of fees previously agreed, which were primarily associated with DCD staff time. For all of these reasons, this new demand represents a substantial departure from the parties' previously agreed terms as to the handling of fees that simply cannot be met. The City stands behind its prior offer to refund fees in the amount of $26,288.76 upon execution of the settlement agreement. This sum represents fees previously paid by Doak ' See Draft Settlement Agreement dated February 15, 2008, at p. 9, Answer to 1122. 2 See Draft Settlement Agreement dated February 15, 2008, at p. 7, Answer to If 18. 3 Incidentally, the City of Tukwila's fees are significantly lower than those of other King County cities, particularly as compared to the City of Seattle. 4 See Exhibit 5 ( "Fees Refunded by the City of Tukwila for implementation of this Agreement "), attached to the City's draft Settlement Agreement dated October 8, 2007. C: \DOCUME -1 \BRANDO -- I \LOCALS - I \Temp \XPGrp W ise\LTR - Citys Settlement Counteroffer 3- 6- 08.doc/T /03/06/08 Mr. Charles Klinge Mr. Brian Amsbary March 6, 2008 Page 3 Homes for applications D06 -353 through D06 -358 and D06 -428 through D06 -445. In addition, the City agrees to waive the plan check portion of the building permit fee for all of the proposed houses (4 for the smaller parcel and 10 for the larger parcel) in the approximate amount of $17,525.60, based on the square footage information supplied by Doak Homes. The total value of fees the City proposes to refund and/or waive is approximately $43,814.36. At this time, the City also offers $45,000.00 in cash as compensation to Doak Homes. Thus, the total value of the City's offer is $88,814.36, of which the • proposes to pay $71,288.76 in cash within 20 days of execution of the settlement agreeme e trust that your clients will seriously consider the generous terms of this offer. Obviously, both sides would rather spend,the next several months overseeing the construction process rather than engaging in the costly and burdensome litigation process. As to all other outstanding items not specifically addressed in this letter, a point -by -point reply to Doak Homes' responses to the draft Settlement Agreement dated October 8, 2007 is enclosed for your review and consideration. The City remains open to discussions to finally resolve this matter. Please contact me at your earliest convenience to resume settlement efforts. Very truly yours; NYO• DISEND, PLLC Enclosures Kari L. Sand cc: Jim Morrow, Director, Public Works Jack Pace, Director, DCD Brandon Miles, Senior Planner, DCD Shelley Kerslake, City Attorney Rand Ebberson, Keating, Bucklin & McCormack, Inc., P.S. 5 The difference of $17,525.60 is the approximate value of future plan check fees to be waived by the City for Doak Homes' proposed development of fourteen homes. C: \DOCUME- 1 \BRANDO —I \LOCALS -1 \Temp \XPGrpWise \LTR - Citys Settlement Counteroffer 3- 6- 08.doc/T /03/06/08 DOAK'S POINT -BY -POINT RESPONSE TO SETTLEMENT AGREEMENT & CITY'S RESPONSES THERETO A. Doak filed a First Amended Land Use Petition, Petition for Writ of Mandate, and Complaint for Damages against Tukwila in June 2007 in King County Superior Court alleging various claims related to violation of the Land Use Petition Act (Chapter 36.70C RCW), 42 U.S.C. § 1983, Chapter 64.40 RCW and the state and federal constitutions (hereinafter "Lawsuit "). The Lawsuit was removed to federal court in July 2007, was remanded to King County Superior Court in January 2008, and remains pending. ANSWER: Agreed. B. Doak appealed Tukwila's denial of its development permit application for ten lots at South 124 Street and 50 Avenue South and, in August 2007, Doak filed an administrative appeal of Tukwila's decision (hereinafter "Appeal "). The Appeal remains pending. ANSWER: Agreed. ANSWER: Agreed. 6 LOTS AT 50TH AVENUE SOUTH 1. Boundary Line Adjustment and Building Permits. Tukwila agrees to approve four building permits for single - family residences on this property, as well as a boundary line adjustment (BLA) that will create four separate tax parcels. Doak agrees to provide Tukwila with three calendar days' advance notice prior to submission of building permit and BLA applications for this property. Tukwila agrees to issue Doak's building permit applications within 20 calendar days of submittal of complete applications, unless the applications are deemed incomplete or fail to meet Building, Zoning and Fire Code requirements pursuant to Tukwila's issuance of a correction letter, in which case Doak will be allowed to correct any such deficiencies within the specified time periods set forth in the Building Code and generally applied to other applicants. Should Doak respond to a correction letter issued by Tukwila, Tukwila agrees to review such response within 20 calendar days of its receipt. Tukwila agrees to waive any and all fees associated with the BLA application and to review the BLA application within 30 calendar days of submittal of a complete application. If the application is incomplete or if it fails to meet Tukwila standards, Tukwila shall provide Doak with a correction letter. Doak shall have such time allowed pursuant to Title 18 to correct such deficiencies. Once Doak responds to the correction letter, Tukwila shall have 30 calendar days to complete review of the BLA C. Doak and Tukwila now desire to settle and resolve all claims relating to the Lawsuit and Appeal without further expense,or delay. Doak v. City of Tukwila Draft Settlement —3/6/20083/6/2008-31-3/2088 Page 1 of 151515 RECITALS application. The BLA application must be submitted with or prior to the submission of the building permit applications. The BLA shall be recorded with King County prior to issuance of any building permits for the subject lots. The BLA must match the site plan that is approved as part of this settlement, and attached to this Agreement as Exhibit 1. Tukwila will support Doak's efforts to obtain a BLA for the property resulting in four separate lots of approximately equal area with four separate parcel numbers from King County, including issuance of a letter to that effect to King County, if requested by Doak. ANSWER: Doak largely agrees with the sentiments expressed in this paragraph, but believes it needs to be substantially clarified in several respects before it will sign off: (1) The paragraph should be broken into two separate provisions — similar to paragraphs 12 and 14 below — with one dealing with building permits and the other dealing with boundary line adjustments. (2) References to "Building, Zoning and Fire Code requirements" and "Tukwila standards" need to be spelled out more precisely so that both parties are clear about what constitutes sufficient grounds for a correction request. For example, the reference to "Tukwila standards" possibly would allow the City to reject a proposal on the grounds that Doak's proposed lots were too small. While paragraph 2 largely addressed this, it should be made explicit that nothing in this paragraph will allow the City to reject Doak's proposal on the basis of lot size. The reference to "Building, Zoning and Fire Code requirements" should specify what code sections are encompassed by this reference, and the reference to "Tukwila standards" should specify that this refers to submittal standards rather than development standards, since any dispute over development standards will otherwise be resolved in this agreement. (3) (4) Thirty days is far too long a period for City review of a response to a correction letter. Given that such review is generally limited to certain, discrete issues that have already been reviewed once, ten days is a far more appropriate time frame. See also RCW 37.70B.070. Doak v. City of Tukwila Draft Settlement — 3/6/20084/6/2448-3/3/2008 Page 2 of 151515 Doak is a bit confused regarding the assertion that "Tukwila will support Doak's efforts to obtain a BLA" from King County. To the best of Doak's knowledge, the City is the governing jurisdiction here and will make the final decision regarding the BLA. It should be made clear that, subject to the terms of this agreement, the BLA will be approved. CITY'S R SPONSE: (1) Agreed. (2) Agreed to make explicit that City will not reject Doak Homes'. proposal based on lot area. City agrees to provide general code citations by chapter and will strike generic references to "Tukwila standards':. (3) The City agrees that, Abject to the terms of this agreement, the BLA will be approved. (4) Not Agreed. Ten days is insufficient time for the City's review of correction letters, if any. Please note that the intent of the_agreed upon review process was to combine completeness review with substantive review. Since the typical turnaround for a single - family building permit is four to six weeks thirty days is expedited review. Please note that your reference to RCW 37.7013.070 appears to be a typo (Chapter 37 RCW deals with Federal Indian Reservations), and it appears you intended to instead reference RCW 36.70B.070, which applies only to counties. Please further note that the 14 -day provision spelled out under RCW 36.70B.070 for resubmittals is only regarding completeness, not substantive review. 2. Legality of Lots Modified Via Boundary Line Adjustment. Tukwila agrees that the four lots modified as part of the BLA application shall be considered "conforming lots" and, in the case of destruction of any of the houses on those lots, the houses shall be allowed to be rebuilt, provided the replacement houses comply with the development standards set forth herein. ANSWER: Agreed. 3. Water and Sewer. Tukwila agrees to allow Doak to saw cut asphalt on 50 Avenue South to install necessary water and sewer infrastructure to the four proposed houses. The Sewer and Water infrastructure installed by Doak shall comply with Tukwila's Public Works Standards. Doak shall be responsible for patching the roadway in a manner approved by Tukwila's Public Works Department. All street restoration work shall comply with Tukwila's Public Works Standards. Doak will not be required to provide a complete overlay for all of 50` Ave South. Doak shall be responsible for the payment of asphalt mitigation fees charged in the same manner to other applicants. Doak agrees to raise the elevation of the storm water catch basin fronting the property at Doak's expense. ANSWER: Agreed, except that the City shall agree to waive all asphalt mitigation fees and to pay Doak $2,500 per meter for the installation of two water Doak v. City of Tukwila Draft Settlement — 3/6/2008 Page 3 of 151515 Formatted Formatted Formatted Formatted: Bullets and Numbering Formatted Formatted Formatted Formatted Formatted 3 Formatted Formatted Formatted Formatted Formatted meters and an additional $2,500 for the installation of one sewer line. The City has only supplied one sewer line, one waterline and one water meter to this site. Doak otherwise agrees to raise the storm drain catch basin and to pay for both this work and street repair work in connection with installation of the sewer line and water lines and meters. Doak agrees to patch asphalt cuts as necessary. In addition, as with paragraph 1 above, the reference to "Public Works Standards" in this paragraph should be clarified, CITY'S RESPONSE: Not Agreed. Doak Homes would have been required to install the meters and lines regardless of the litigation since the City's contractor properly installed the meters and lines according to the City's specifications at the time of installation. The City will provide citations to the Public Works Standards referenced herein. 4. Development Standards. Doak agrees that the elevations of the four proposed houses on 50 Avenue South will vary in design, materials and color and further agrees to incorporate front porches and to minimize the street, presence of garages on the various elevations. Doak agrees that the elevations for the four proposed houses shall be subject to City approval prior to the terms of this Agreement being presented to the Tukwila City Council for consideration. The proposed elevations and floor plans for the four proposed houses on 50 Avenue South are attached to this Agreement as Exhibit 2 [to be added]. The houses shall also be limited to a maximum of 40% building footprint.' Doak agrees to comply with the impervious surface limitation found in TMC 8.25.020 (E). ANSWER: Agreed. 5. Survey Stakes. ' >Replacement of survey stakes that allegedly have been altered or removed by Tukwila's contractor for Phase II of the Allentown/Foster Point Water, Sewer and Surface Water Improvement Project, R.L. Alia Company (hereinafter "Alia "), is a private matter between Doak and Alia. ANSWER: Agreed. 6. Extension of Permits. Tukwila agrees to extend the expiration period of existing underground utilities and demolition permits for six months from the date of final execution of this Agreement by the parties. The City will grant no extensions to these permits. If the permits expire, Doak is required to obtain new permits in the same manner as other applicants within the City and shall be responsible for all associated costs. TMC 18.06.097 defines "Building footprint" as "the square footage contained within the foundation perimeter of all structures located on a lot, plus overhangs projecting in excess of 18 inches, but excluding decks less than 18 inches above grade." Doak v. City of Tukwila Draft Settlement — 3/6/20083/6/20083/3/200g Page 4 of 151515 ANSWER: Doak Homes requests modification of this provision. Doak Homes does not need a demolition permit on this site, but on the 11 lots at South 124th Street. Accordingly, this provision should be moved to the portion of the agreement dealing with those properties. In addition, Doak requires an extension of three years from the date of this agreement with respect to the demolition permit. Regarding the underground utilities permit, Doak Homes requires an extension of one year from the date of this agreement. CITY'S RESPONSE: The City agrees to move this provision to the portion of the agreement dealing with the larger parcel at South 124 Street. Please note, however, that the request for extension of three years from the date of this agreement does not make sense with respect to the demolition permits needed for the larger parcel. Apparently, the City has already issued four demolition permits for the larger parcel, and three ol' these have been "finaled" or closed. Thus, it is unclear why a three -year extension is being requested. 7. Underground Electrical Permit. Seattle City, Light ( "SCL ") inspected the underground electrical work performed at the property, but Tukwila's contractor filled the ditch prior to City inspection. Tukwila agrees to adopt, ratify and/or approve SCL's inspection of this work, or otherwise sign off on the inspection, without cost to Doak. Doak agrees to provide Tukwila sufficient proof of a favorable inspection by SCL. ANSWER: Agreed. 11 LOTS AT SOUTH 124TH STREET AND 50TH AVENUE SOUTH 8. Small Lot Development. Tukwila agrees to allow Doak to develop 10 single - family compact houses as depicted in the approved, final site plan, a copy of which is attached to this Agreement as Exhibit 1. Tukwila agrees to accept that density based on 44,710 square feet divided by 6500 equals 6.9; and that 6.9 times 1.5 equals 10.35. Tukwila agrees not to subtract the area of the private road serving the development from any density calculation such that the density allows for development of 10 compact single - family houses. The building footprint for each lot shall be limited to 35 percent of the lot area. The layout of the homes and final construction of the homes must match the approved plans that are exhibits to this Agreement. ANSWER: Agreed, except that the 35 percent footprint limitation shall not apply to lots 2, 3, or 8 so long as they comply with applicable setback requirements, and the final sentence should be revised to state that the homes "must substantially match the approved plans" in order to allow for some flexibility as circumstances on the ground during building dictate. 2 Id. The individual lot area shall not include the private access road, sidewalks, or on street parking. Doak v. City of Tukwila Draft Settlement — 3/6/2008 Page 5 of 151515 ( ,c X10, c _aA Formatted CITY'S RESPONSE: The City agrees that the 35 percent footprint limitation shall not apply to lots 2 and 3, provided applicable setback requirements are met consistent with the City's e -mail dated December 10, 2007; however, no such agreement was made regarding lot 8. Lot 8 must meet the 35 percent footprint limitation. As previously agreed, fireplaces may extend into the setback areas, up to a maximum of 18 inches. Decks in the rear of the homes are exempt from the 35 percent footprint limitation, provided decks are no greater than 18 inches tall, meet the setback requirements, and are no closer than five feet from the rear property line. Decks cannot be placed below any required exit window nor can the decks hinder Fire Department ladder access. Please note that backyards may be fenced; however, fences shall not extend past the rear elevation of the homes. The City does not agree that the houses must only "substantially" match the approved plans. It is the parties' intent that the houses will be built consistent with the approved plans. Minor revisions, if any, due to unforeseen circumstances, will be addressed through the Dispute Resolution procedures set forth in paragraph 25. 9. Private Road Improvements and Maintenance. Doak agrees to construct the private road in conformance to the approved street detail in Exhibit 3 [to be added] to this Agreement. As part of the BLA application, Doak shall provide Tukwila with a copy of a shared maintenance agreement for the private road. The private road, sidewalk, and on- street parking shall be located within a private tract. Maintenance and ownership of this tract shall be divided between all homes within the development. The shared maintenance agreement shall be recorded on all lots that are subject to the BLA application. The following note shall be placed on the face of the BLA document: "The City of Tukwila has no responsibility to build, improve, maintain or otherwise serve the private road or detention vault." ANSWER: Agreed, except that the reference to the "detention vault" should be removed and replaced with "or any stormwater facilities on site." CITY'S RESPONSE: Agreed. Please note that Exhibit 3 [approved street detaill is still needed. 10. Stormwater Detention. Doak is required to comply fully with the 1998 King County Surface Water Design Manual. ANSWER: Agreed, except strike the word "fully." Doak v. City of Tukwila Draft Settlement — 3/6/2008 Page 6 of 151515 CITY'S RESPONSE: Compliance with the 1998 King County Surface Water Design Manual is required. The use of the word "fully" serves a purpose insofar as it indicates that "substantial" compliance will not suffice. 11. Development Standards. Doak agrees the property will be developed in compliance with all applicable TMC zoning requirements and the approved floor plans and elevations that are attached as Exhibit 2 to this Agreement [to be added]. Doak further agrees to develop the property in conformance with a landscaping plan prepared by a licensed landscape architect, a copy of which is attached to this Agreement as Exhibit 4 [to be added]. ANSWER: Agreed, except that the landscaping information shall consist of sample elevations with representative landscaping included and shall be prepared by Doak Homes in conjunction with Cathy Anderson, per the City's letter of October 29, 2007 at page 2. CITY'S RESPONSE: Agreed. Please note that sample elevations need to be provided with representative landscaping - included, plus a list of planting materials (" ... a list of trees, shrubs, and eroundcovers proposed for use with the developments ... ") is also required per the City's letter of October 29, 2007, at page 2. 12. Building Permits. Tukwila agrees to issue the required building permit applications within 20 calendar days of submission of complete applications, unless the applications are deemed incomplete or fail to meet Building, Zoning and Fire Code requirements pursuant to Tukwila's issuance of a correction letter, in which case Doak will be allowed to correct any such`deficiencies within the specified time periods set forth in the Building Code and applied to other applicants. Should Doak respond to a correction letter issued by Tukwila, Tukwila agrees to review such response within 20 calendar days of its receipt. ANSWER: See response to paragraph 1. In addition, a provision like paragraph 2 should be added in this section. CITY'S RESPONSE: Agreed. 13. Environmental Review. Tukwila agrees that no further environmental review is needed for the proposed project . ANSWER: Agreed. 14. Boundary Line Adjustments. Tukwila agrees to approve a BLA sufficient to create 10 buildable lots with 10 separate parcel numbers. Tukwila further agrees to waive any and all fees associated with the BLA application and to support Doak's efforts to SEPA DNS issued July I I, 2007 for the construction of ten homes. Doak v. City of Tukwila Draft Settlement — 3/6/20083/6/20083/3/200g Page 7 of 15'515 obtain a BLA from King County, including issuance of a letter to that effect to King County, if requested by Doak. Tukwila's approval shall occur within 30 days of the submission of a complete application. If the application is incomplete or if it fails to meet the City's standards, Tukwila shall provide Doak with a correction letter. Doak shall have such time allowed pursuant to Title 18 to correct such deficiencies. Once Doak responds to the correction letter, Tukwila shall have 30 calendar days to complete review of the BLA application. The BLA application must be submitted with or prior to the submission of the building permit applications. The BLA shall be recorded with King County prior to issuance of any building permits for the subject lots. The BLA must match the site plan that is approved as part of this settlement (Exhibit 1). If any common tracts (e.g., a private access tract) are proposed, it shall not be considered a buildable lot for purposes of the parties' agreement and no subdivision shall be required so long as the subject property contains 10 or fewer buildable lots. ANSWER: See response to paragraphs 1 and 12. CITY'S RESPONSE: See City's response to paragraphs 1 and 12. 15. Water and Sewer. In the same manner as other new building permit applicants, Doak agrees that it is responsible for installation of waterlines and water meters as necessary to service the 10 proposed compact single- family houses. The location and specifications of the water meters shall conform to the standards of Tukwila's Public Works Department. Planning, staff has confirmed that five sewer stubs have been located along the property, and Tukwila agrees to permit Doak to connect two houses per sewer stub. Prior to final approval by Tukwila's Public Works Department, Doak agrees to sign and have recorded a shared maintenance agreement for the shared sewer stubs and to have recorded a hold harmless on all lots absolving the City of liability with regards to having a shared sewer stub. ANSWER: Agreed, except that the City agrees to pay Doak Homes $2,500 per meter for the installation of 9 water meters, and $2,500 per line for two sewer lines. The City has only supplied three sewer lines and one water line /meter to this site. In addition, the reference to "final approval by Tukwila's Public Works Department" should be clarified: final approval of what? CITY'S RESPONSE: Not Agreed. Doak Homes would have been required to install the meters and lines regardless of the litigation. Since this Settlement Agreement was initially proposed hack in October, the City has confirmed that Doak Homes is correct that three sewer lines were installed to serve the development. The City regrets this error. One six -inch and two eight -inch sewer lines were installed on -site. These lines have more than adequate capacity to serve Doak Homes' development. In addition to the fact that it is not the City's usual practice, the City's contractor did not install water meters or sewer hook- ups on -site to preserve flexibility for development of the site. Had meters and hook -ups been installed, they would likely now need to be relocated. Finally, it is significant to note that the installation of water and sewer lines is consistent with Doak v. City of Tukwila Draft Settlement —3/6/2008;/&2048-3/3/2088 Page 8 of 151515 the plan submitted to the City by Doak Homes on March 26, 2007 (prepared by Alliant Engineering & Land Surveying, Inc., dated October 17, 2006). To clarity, the City's Public Works Department seeks prior approval of the language of the shared maintenance agreement for the shared sewer stubs, as well as the hold harmless provision absolving the City of liability with regard to houses having shared sewer stubs. 16. Public Works Permit. All infrastructure improvements to include, but not limited to, roadway, sidewalk, drainage, sewer and water connections, fire hydrants, curbs, gutters, etc. shall be accomplished under a Public Works Permit. Tukwila's standard fees shall apply for all Public Works permits. Doak agrees that Tukwila shall not grant final approval to any of the houses associated with this Agreement until the PW permit has been finalized by Tukwila. Tukwila agrees to review Doak's Public Works permit applications within 30 calendar days of submittal of complete applications, unless the applications are deemed incomplete or fail to meet Building, Zoning, Public Works or Fire Code requirements pursuant to Tukwila's issuance of a correction letter, in which case Doak will be allowed to correct any such deficiencies within the specified time periods set forth by Public Works standards and generally applied to other applicants. Should Doak respond to a correction letter issued by Tukwila, Tukwila agrees to review such response within 30 calendar days of its receipt. ANSWER: Agreed, except that the City agrees to waive all Public Works permit fees, and the references to "final approval of any of the houses," "Building, Zoning, Public Works, or Fire Code requirements," and "Public Works standards" should be clarified as in paragraph 1 above. CITY'S RESPONSE: Not agreed; see the City's Response to paragraph 18, below. See also, the City's Response to paragraph 1, insofar as the City agrees to provide general citations to applicable sections of its municipal code. 17. Payment to Doak. In consideration of Doak's execution of a full release and dismissal of all claims referenced above, including attorneys' fees and costs, Tukwila agrees to pay Doak $40,000.00. In addition, Tukwila agrees to refund previously -paid plan check and permit fees. ANSWER: This provision should be deleted. Refer to paragraphs 18 and 26. CITY'S RESPONSE: Not agreed; see the City's Response to paragraphs 18 and 26, below. 18. Refund of Fees and Waiver of New Fees. Immediately following mutual execution of this Agreement, Tukwila agrees to refund all building permit (not including the demolition permits), mechanical, and plumbing fees previously paid by Doak with Doak v. City of Tukwila Draft Settlement —3/6/20083/6120083/3/2008 Page 9 of 151515 GENERAL PROVISIONS respect to the subject properties. Additionally, Tukwila agrees to refund the administrative appeal fee that was paid for the larger parcel ($1,050.00). Tukwila further agrees to waive all new building plan check fees specified by TMC 16.04.250 (B) for the applications necessary to implement the terms of this Agreement. Doak is responsible for the payment of the building permit fee at the time of issuance of the building permits. All fees to be waived or refunded are itemized in Exhibit 5 attached to this Agreement. However, Doak agrees that it is responsible for common water and sewer hook up fees, traffic impact fees and any other fees applicable to Doak's projects that are charged in the same manner to other properties in Tukwila. ANSWER: Agreed, except that the City agrees to waive and/or refund to Doak all fees connected with the two sets of lots discussed in this agreement including, but not limited to, building, demolition, mechanical, plumbing,, public works, utility, pre - application, administrative appeal, water and sewer hook -up, asphalt mitigation, and traffic impact fees. CITY'S RESPONSE: To clarity, the City has already agreed to refund building permit fees charged by the Department of Community Development, mechanical permit fees, plumbing permit fees and administrative appeal fees previously paid by Doak Homes and stands behind that agreement. As to all other fees noted above, the City does not agree to waive them. As to demolition permit fees, the City has issued and completed the final inspection of three of the four permits, so no waiver of these fees is appropriate at this time. In addition, some of these fees are due to third - parties, such as King County Metro and Cascade Water Alliance. Finally, the total value of these fees is too substantial (collectively, approximately $37,000 per house) to waive, as explained in the City's accompanying letter. 19. Building Plans. Tukwila agrees to return all unused building plans previously submitted by Doak; however, Tukwila must retain one set of originals for each building permit submitted in order to comply with Washington State records retention requirements. ANSWER: Agreed. 20. Building and Fire Code. Doak agrees that it is required to construct all proposed structures in compliance with the current International Residential Code and the Fire Code . With regards to Fire requirements, the proposed houses on the larger parcel will not comply with distance requirements from the existing fire hydrants. Thus, Doak must install a fire hydrant in order to comply with the prescribed distance standards. However, if residential fire sprinklers are installed in all of the houses, Tukwila will waive the fire hydrant requirement. 5 As is required by all applicants, Doak will be responsible for payment of the KC Sewer Capacity Charge, prior to issuance of any building permits. Sufficient proof of such payment will be required in order for the permit to be issued. 6 The current codes are substantially similar to the versions in effect in 2003. Doak v. City of Tukwila Draft Settlement — 3/6/2008 Page 10 of 1 51515 ANSWER: Agreed. 21. Expiration of Permits. All building permits shall expire within the time frames established in the International Building Code. All building permits shall expire within 180 days of permit issuance if no work is commenced or work is abandoned. Doak understands that Tukwila shall not provide any extensions to the subject building permits. Should the permits expire, Doak agrees to submit to the regular permit process and fee schedule applied to other applicants within the City. Tukwila will not waive any permit fees should new permits need to be obtained. ANSWER: Agreed, except that the 180 -day expiration limit should be directly quoted from the IBC or eliminated entirely. CITY'S RESPONSE: Agreed. 22. Expiration of this Agreement. In the event Doak does not obtain the building permits required for the proposed development herein, this Agreement shall expire six months from the date of final execution of this Agreement by the parties. Tukwila's obligations set forth in Sections 17 (Payment) and 30 (Release) shall survive termination of this Agreement. Doak's obligations set forth in Sections 23 (Dismissal of Litigation) and 29 (Release) shall survive termination of this Agreement, and Doak shall be obligated to dismiss the Lawsuit and Appeal regardless of the lack of issuance of building permits. Upon the expiration of this Agreement, any future development of the properties that are the subject of this Agreement will be required to comply with the Development Standards in effect at the time of any future application. ANSWER: Doak Homes request modification of this provision. Doak requests one year from the execution of this agreement to finalize and record the BLA's, and an additional three to five years thereafter to obtain the necessary building and other permits. In addition, all time periods set forth in the agreement should be tolled in the event that a disagreement between the parties is referred to the dispute resolution procedure outlined in paragraph 25. CITY'S RESPONSE: The City agrees to extend expiration of this Agreement to one-year-from the date of its final execution by the parties, with the possibility of an additional 6 -month extension, provided identified milestones are met. The City does not agree to give Doak Homes three to live years thereafter to obtain the necessary building and other permits. This timeframe is inconsistent with Doak Homes' prior assertions that it intends to construct the houses post - haste. The City is concerned that Doak Homes will be compensated pursuant to this Agreement and then not construct any or all of the houses. The City is also concerned that orphan lots will be created. 23. Stay of Litigation and Dismissal. Upon mutual execution of Agreement, Doak agrees that the Lawsuit and Appeal will be stayed, with dismissal to follow immediately upon the issuance of all building permits required for the subject properties. Doak v. City of Tukwila Draft Settlement — 3/6/2008 Page 11of151515 ANSWER: This provision should be deleted. See paragraph 26. 24. Single Contact Person. Tukwila agrees that Brandon Miles, or such person as mutually agreed upon by the parties, will be the single point of contact on behalf of Tukwila to coordinate any concerns between Tukwila and Doak with respect to the subject developments and implementation of the terms of this Agreement. However, the single contact person shall not be responsible for coordinating building, fire or public works inspections, and Doak shall utilize the same system in place for other applicants. ANSWER: Agreed. 25. Dispute Resolution. Any disputes or questions of interpretation of this Agreement that may arise between the parties shall be governed by this Section. The parties agree that cooperation and communication are essential to resolving issues efficiently. The Parties agree to exercise their best efforts to resolve any disputes that may arise through this dispute resolution process rather than through other external means. The parties agree to use their best efforts to prevent and resolve potential sources of conflict at the lowest level and to use good faith negotiations by engaging in the following dispute escalation process should any such disputes arise: a. Level One. The Doaks and Brandon Miles shall meet to discuss and attempt to resolve the dispute in a timely manner. If they cannot resolve the dispute within fourteen (14) calendar days after referral of that dispute to Level One, either party may refer the dispute to Level Two. b. Level Two. The Doaks and Senior Planner Minnie Dhaliwal shall meet to discuss and attempt to resolve the dispute in a timely manner. If they cannot resolve the dispute within fourteen (14) calendar days after referral of that dispute to Level Two, either party may refer the dispute to Level Three. c. Level Three. The Doaks and Acting Department of Community Development Director Jack Pace shall meet to discuss and attempt to resolve the dispute in a timely manner. d. In the event the dispute is not resolved at Level Three within fourteen (14) calendar days after referral of that dispute to Level Three, the parties are free to file suit or agree to alternative dispute resolution methods such as mediation or arbitration. At all times prior to resolution of the dispute, the parties shall continue to perform under this Agreement in the same manner and under the same terms as existed prior to the dispute to the extent possible. ANSWER: Agreed, except that all time periods referenced in subparagraphs (a) through (d) should be 7 days, rather than 14, and the agreement should specify Doak v. City of Tukwila Draft Settlement — 3/6/2008 Page 12 of 151515 who any dispute would be referred to in the event that Brandon Miles, Minnie Dhaliwal or Jack Pace do not remain in their current positions during construction of the Doak projects. CITY'S RESPONSE: The City proposes that all time period referenced in subparagraphs (a) through (d) should be 10 days, as a compromise. In the event that Brandon Miles, Minnie Dhaliwal or Jack Pace do not remain in their current positions during the term of this Agreement, their successor shall step into their shoes. 26. Compensation. Upon execution of this Agreement, Doak agrees to dismiss the pending Lawsuit and Appeal and to fully release and waive all damage claims against Tukwila, including attorneys' fees and costs, as more specifically agreed to in Paragraph 30 of this Agreement, and Tukwila shall pay Doak the amount of $40;000. ANSWER: Agreed, except the amount of compensation shall be increased to $95,000 and shall be paid within 20 days of mutual execution of the Agreement. CITY'S RESPONSE: Not agreed. At this time, the City is authorized to pay $71,288.76 in cash within 20 days of execution of the settlement agreement, $26,288.76 of which represents a refund of previously paid fees and S45,000 of which is cash compensation. 27. Attorneys' Fees. Should any party undertake any legal actions arising from this Agreement, each party agrees to be responsible for its own attorneys' fees and costs. ANSWER: Agreed, except that attorneys' fees and costs shall be awarded to the prevailing party in the event that the non - prevailing party's position is found to be frivolous. CITY'S RESPONSE: Agreed. 28. Costs. Tukwila and Doak shall bear their own costs as they were originally incurred in connection with the matters covered by this Agreement. ANSWER: Doak is unclear what this paragraph means and, as such, cannot agree at this time. CITY'S RESPONSE: This paragraph refers to non -legal costs, such as architect, engineering and other professional fees and costs. In other words, Doak 1 -tomes is responsible for paying the consultants on its team, not the City. 29. Transferability. Doak may assign this Agreement to another party upon attainment of Tukwila's prior approval, which approval shall not be unreasonably withheld. Doak v. City of Tukwila Draft Settlement — 3/6/2008 Page 13 of 151515 ANSWER: Agreed. 30. Release by Doak. Doak, on behalf of itself, its affiliates, and its successors and assigns, releases and forever discharges and covenants not to sue with respect to any and all claims, rights, demands, and causes of action, whether known or unknown, liquidated or unliquidated (including attorneys' fees and costs), which Doak has, had, or could have asserted against Tukwila, their affiliates, their past or present officers, directors, agents, representatives or employees and their respective heirs, executors or administrators and assigns, and that arose from the beginning of time to the date of this Agreement and which relate to the matters that were raised or could have been raised in the Lawsuit or Appeal. ANSWER: Agreed. 31. Release by Tukwila. Tukwila, on behalf of itself, its affiliates and its successors and assigns, releases and forever discharges and covenants not to sue with respect to any and all claims, rights, demands, and causes of action, whether known or unknown, liquidated or unliquidated (including attorneys' fees and costs), which Tukwila has, had, or could have asserted against Doak, its affiliates, its past or present officers, directors, agents, representatives or employees and its respective heirs, executors, or administrators and assigns, and that arose from the beginning of time to the date of this Agreement and which relate in any way to the matters that were raised or could have been raised in the Lawsuit. ANSWER: Agreed. 32. No Admission. This Agreement is not an admission of liability or wrongdoing by either party. ANSWER: Agreed. 33. Choice of Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Washington. ANSWER: Agreed. 34. Free Will. Doak and Tukwila hereby represent and warrant that its representatives have entered into this Agreement of their own free will and in accordance with their own judgment and upon advice of their own legal counsel, and state that they have not been induced to enter into this Agreement by any statement, act or representation of any kind or character on the part of anyone except as expressly set forth in this Agreement. ANSWER: Agreed. Doak v. City of Tukwila Draft Settlement — 3/6/2008 Page 14 of 151515 35. Authority. The individual signatories to this Agreement represent that they have been duly authorized to execute this Agreement on behalf of the parties they purport to represent herein. ANSWER: Agreed. 36. Amendments. This Agreement may not be amended or modified except by a writing, signed by the parties to be bound thereby, or signed by their respective attorneys as authorized. ANSWER: Agreed. 37. Entire Agreement. This Agreement constitutes the final written expression of all the terms of this Agreement and is a complete and exclusive statement of the terms of the Agreement. ANSWER: Agreed. 38. Counterparts. This Agreement may be executed in counterparts by one or more of the parties named herein and all such counterparts once so executed shall together be deemed to constitute one final agreement, as if one document had been signed by all parties hereto; and each such counterpart, upon execution and delivery, shall be deemed a complete original, binding the parties to this Agreement. This Agreement may close with the use of facsimile signatures. ANSWER: Agreed. 39. Effectiveness. This Agreement shall become effective immediately following execution by all of the parties; provided, however, that the releases as described in this Agreement shall not take effect until Doak has received from Tukwila the settlement payment described in Paragraph 17. ANSWER: Agreed. 40. Captions. The captions contained in the paragraphs of this Agreement are for convenience of reference only and do not in any way limit, expand or modify the terms or provisions of this Agreement. ANSWER: Agreed. Doak v. City of Tukwila Draft Settlement — 3/6/2008 Page 15 of 151515 1167.13' GARAGE . Lot 11 -1c GARAGE S 8917'24' E 100.00' S 891724" E S8917 . 24't 100.00' Lot 19 8 4 BDRM Lot 17 VACA A 1 336.61' :lock 1 EXISTING CB1A GRATE: 107.49 110' -12'DI S0.48R S. 124TH STREET LAND SURVEYOR'S CERTIFICATE . This map correcdy represents a survey made by me or under my direction in conformance with the requirements of the appropriate State and County Statute and Ordinance and WAC-130-332-090 In November 2005.' Certificate No. 22594 ALLIANT : ENGINEERING & _ LAND SURVEYING, INC. P.O. Box 2696 WOODINVI E. WA 96072 (425) 485-1083 PORTION OF NW 1/4, SE 1/4, SECTION - 10,_.T23N, R4E, W.M. CITY OF TUKWILA, KING COUNTY,. WASHINGTON ALLEN TOWN ADDITION DARRYL DOAK, SR. AND ESTRELLA M. DOAK 11812 -26TH AVE. S.W. Burien, WA 98146 DATE JOB NO. 08/20/2007 05009 SHEET. 1 OF 1