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HomeMy WebLinkAboutClarke, David, Mad Max 1984 LLC Gun Club Land Company re: Tolling - 120622 (CA signed)TOLLING AGREEMENT This Tolling Agreement (this "Agreement") is entered into as of the 91(4 day of December, 2022 ("the Effective Date"), by and between David Clarke, MAD MAX 1984 LLC GUN CLUB LAND COMPANY LLC) and COUNTRY PROPERTIES LLC) (collectively "Clarke"), and Jefferson County, a Washington Municipal Corporation ("the County"), on the other hand. Clarke and Jefferson are collectively the "Parties" and individually a "Party." WHEREAS, on November 23, 2022, the County denied Clarke's appeal in MLA 21- 00103 and MLA 21-00104 ("the Appeal Denials"); and WHEREAS, Clarke asserts that the Appeal Denials were improper, and WHEREAS, Clarke asserts that the Appeal Denials are subject to challenge under the Land Use Petition Act ("LUPA"), which has a 21-day statute of limitations, and WHEREAS, the County is reconsidering the Appeal Denials, but needs additional time to complete its process of reconsideration; and WHEREAS, the Parties wish to avoid, if possible, any needless litigation and related expense, and WHEREAS, the Parties intend to toll the running of the LUPA statute of limitations during the period from the Effective Date of this Agreement through termination of this Agreement as provided in Paragraph 2, below; and, NOW, THEREFORE, in consideration of the promises and representations contained herein, the sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. The period between the Effective Date and the termination of this Agreement as provided below (the "Tolling Period") shall not be included in determining the applicability of the LUPA statute of limitations. The LUPA statute of limitations shall be tolled entirely during the Tolling Period. 2. This Agreement may be terminated by either party effective upon days written notice to the other party. Such written notice shall be given by email and regular mail, addressed to the Parties as follows: To Clarke: Patrick A Irwin PATRICK IRWIN LAW FIRM 106 N. Laurel Street Port Angeles, WA 98362 Email: VmirwinQ atrickirwin.com Phone: (360) 928-7117 TOLLING AGREEMENT - I To Jefferson County: Philip C. Hunsucker and Barbara Dykes Ehrlichman Jefferson County Prosecuting Attorney's Office 1820 Jefferson Street/P.O. Box 1220 Port Townsend, WA 98368 Email: liunsucker�)co.ieffer on.wa.us and behrliclunan co.'efferson.wa,us Phone: (360) 385-9219 and (360) 385-9248 3. Nothing in this Agreement shall be treated as an admission by any Party of any liability, or an admission as to the date on which the LUPA statute of limitations begins and ends in the absence of tolling. 4. Nothing in this Agreement shall waive the rights of the Parties or affect any defense available to any Party as of the date of this Agreement or after the termination of the Tolling Period, including without limitation, the LUPA statute of limitation, that accrued and/or expired prior to the execution of this Agreement or that accrued and/or expired after the termination of the Tolling Period. 5. The Parties agree that no Party shall file a LUPA lawsuit related to the Appeal Denials during the Tolling Period. 6. This Agreement is to be construed, interpreted, and enforced in accordance with the laws of the State of Washington, and the courts of the State of Washington shall have exclusive jurisdiction to resolve any and all disputes relating to this Agreement, including, but not limited to its interpretation and enforcement. No party shall argue or assert that any state law other than Washington law applies to the governance or construction of this Agreement. 7. This document constitutes the entire agreement between the Parties regarding any tolling of any LUPA statute of limitations related to the Appeal Denials and supersedes all prior communications, understandings, and/or agreements, oral or written, if any, regarding the same subject matter. This Agreement may not be modified, altered or changed in any way except in writing signed by the duly authorized representatives of the Parties to this Agreement. 8. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same agreement. Signatures by facsimile or sent by email shall have the same force and effect as original signatures. 9. Each of the persons signing this Agreement on behalf of the Parties hereto represents and warrants that he or she is duly authorized to execute this Agreement and to bind the Parties to the terms hereof. (SIGNATURES FOLLOW ON NEXT PAGE) TOLLING AGREEMENT - 2 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the date indicated above. JEFFERSON COUNTY WASHINGTON MAD MAX 1984 LLC GUN CLUB LAND COMPANY LLC) and COUNTRY PROPERTIES LLC By- f 12 ZZ By: Mark auley, Da e County Administrator (As delegated by the Board of County Commissioners on December S, 2022) Approved as to form only: �.AC14// z 6 Z0 2 -2- Philip C. Hunsucker ate Chief Civil Deputy Prosecuting Attorney TOLLING AGREEMENT - 3 David Clarke /s/ 12/7/2022 David Clarke, Date Member and Manager 12/06/2022 TUE 12:14 FAX 360 385 9186 Jeff Co. Prosecutor 2001/004 SON C JAMES M. KENNEDY { Jefferson County Prosecuting Attorney 9sN IN �(] Philip C. i hinsuckor, ChicrCivil Deputy Prosecutor Christopher R. Ashernii, Chiel'Criminal Deputy Prosecutor Tuppence Macintyre, Deputy Prosecutor Anna K. Phillips, Deputy Prosecutor Melissa Pleiniaun, Deputy Prosecutor Barbara 13hrliehman, Civil Deputy Lysa Phillis, Child Support Enforcernent FACSIMILE TRANSMITTAL DATE: December 6, 2022 SEND TO: Patrick Irwin FAX NO.: 360-406-3442 FROM: Jefferson County Prosecuting Attorney Fax No: 360-385-9186 Phone No: 360-385-9181 Pages (includes cover page): 4 RE: Clark jeffersmt Couuty Proseen[cr°s orrice 1820 Jefferson Street Post Office Box 1220 Port Townsend, WA 98368 Plione: (360) 385-9180 Fax: (360)385.0073 alww.co.jefferson.wa.us/prosecutor Notice: The information in this fax message is privileged and confidential. It is intended only for use of the recipient named above (or the employee or agent responsible to deliver it to the intended recipient). If you received this in error, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. if you have received this message in error, please notify us by telephone immediately, and return the original message to us at the above address via US, Postal Service. We will, of course, be happy to reimburse you for any costs. Thankyou for your cooperation.