Question: Is this a Mediated Settlement Agreement? Why or Why not? If it is not a Mediated settlement Agreement, please rewrite it in the format of
Is this a Mediated Settlement Agreement? Why or Why not?
If it is not a Mediated settlement Agreement, please rewrite it in the format of a mediated agreement.
Agreement
This agreement is made this th day of November by and between the MORAN PRAIRIE NEIGHBORHOOD ASSOCIATION, a Washington nonprofit corporation, hereinafter referred to as the "Association," and Cheryl Gwinn, an individual, hereinafter referred to as "Gwinn," and CEDAR BUILDERS, INC., a Washington Corporation, hereinafter referred to as "Cedar Builders."
On September Cedar Builders received approval from the Spokane County Hearing Examiner for the Project Spokane County Planning File No ZS On October the Association and Gwinn appealed this approval to the Spokane County Board of County Commissioners. The appeal is pending.
The Association, Gwinn, and Cedar Builders met on October with the desire to settle their differences and avoid the expense and uncertainty of the appeal. The Association provided Cedar Builders with conceptual renderings Reproductions of those drawings are attached hereto and incorporated herein by this reference.
The issues of concern that were presented by the Association to Cedar Builders were as follows:
Building heights relative to the proximity of adjacent landowners totally eliminates adjacent landowner's views. Exhibit C
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein the Association, Gwinn and Cedar Builders agree as follows:
That the project's maximum building height will not exceed feet for the proposed commercial and office uses. It is understood that the peaks of gabled roofs and architectural accents, eg cupolas, may exceed feet.
Upon acceptance by Spokane County of the Association's and Gwinn's withdrawal of their appeal as provided below, and upon notice by Spokane County that the appeal proceedings have been terminated, Cedar Builders agrees to contribute $ to the Association.
The Association agrees to the general tenants of the conceptual site plan submitted by Cedar Builders, with the exception of the specific reservations expressed above. The parties agree that there will be no substantial deviations or variances from this site plan except as agreed to by both parties.
Cedar Builders agrees that the Association will be kept informed, and allowed to participate in all discussions with regard to any of the issues mentioned in this Agreement, up through the completion of the project.
If after the execution of this Settlement Agreement, the parties should be unable to agree as to any of the terms of this Agreement, Cedar Builders agrees to bring the dispute before the Board of the Association for discussion and clarification. If no resolution can be reached before the Board of the Association, the dispute will be brought before a certified mediator mutually agreed upon by both parties, the expense to be shared equally by Cedar Builders and the Association.
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