Tiedeman, 11355 and 11555 Settlement Agreement Alo
CITY OF TIGARD, OREGON Ipt
PASCUZZI SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT BETWEEN THE CITY OF TIGARD AND PASQUALE
PASCUZZI, OWNER OF GABRIEL INVESTMENT, LLC, AND PASCUZZI INVESTMENT,
LLC, IS EXECUTED ON THIS DAY, /de, .► r1 ,TO RESOLVE
MATTERS INVOLVING PROPERTY OWNED 1Y GABRIEL INVESTMENT, LLC, AND
LOCATED AT 11535 AND 11555 SW TIEDEMAN AVENUE.
RECITALS:
The City of Tigard served Gabriel Investment, LLC, with a notice of violation at 11535 and 11555 SW
Tiedeman Avenue in December 2004 (case numbers CEO2004 -00387 and CEO2004- 0387A) for
violating the City's Development Code by converting a single - family home to an office building
without an approved Site Development Review.
On December 4, 2006, Pasquale Pascuzzi filed two Measure 37 claims on behalf of his companies,
Gabriel Investment, LLC, and Pascuzzi Investment, LLC, concerning the properties at 11535 and
11555 SW Tiedeman Avenue (case number M372006- 00009) and 10250 SW North Dakota Street
(case number M372006- 00008), requesting the City of Tigard to waive or suspend any and all City
regulations in its Comprehensive Plan, Community Development Code and Transportation System
Plan imposed on the subject properties after acquisition by the owners.
THEREFORE, IN CONSIDERATION OF THE MUTUAL BENEFIT OF A FAIR AND
TIMELY RESOLUTION OF THIS MATTER BOTH PARTIES AGREE TO THE
FOLLOWING SE ITLEMENT TERMS:
SECTION 1. The City of Tigard shall permanently rescind the above referenced violation issued at
11535 SW Tiedeman Avenue and 11555 SW Tiedeman Avenue and pledge that no
further action be taken or be required by Gabriel Investment, LLC, relative to existing
development to satisfy regulations in the City's Comprehensive Plan, Community
Development Code, Transportation System Plan and /or Municipal Code, thereby
having no reason to enforce any regulations on behalf of Clean Water Services or
Washington County.
SECTION 2. Gabriel Investment, LLC, and Pascuzzi Investment, LLC, shall withdraw their Measure
37 claims (M372006 -00009 and M372006- 00008, respectively) and pledge to comply
with all applicable regulations in place at the time the Measure 37 claim was filed
(December 4, 2006) in the City of Tigard's Comprehensive Plan, Community
Development Code, Transportation System Plan and /or Municipal Code, as well as
regulations enforced on behalf of Clean Water Services or Washington County, when
redevelopment occurs on the subject properties.
SECTION 3. The City of Tigard shall refund Gabriel Investment, LLC, and Pascuzzi Investment,
LLC, the fee of $1,000 for each Measure 37 claim.
Page 1 of 2
SECTION 4. Gabriel Investment, LLC, expects redevelopment ol�.*.cir properties at 11535 SW
Tiedeman Avenue and 11555 SW Tiedeman Avenue to occur when existing leases on
the properties terminate; however, the redevelopment shall be at the sole discretion of
Gabriel Investment, LLC, at a time of its choosing and upon careful evaluation of future
financial and market conditions. Moreover, Gabriel Investment, LLC, as well as
Pascuzzi Investment, LLC, shall work with the City and Community Development staff
to develop their properties in a way that is consistent with the regulations in place at the
time the Measure 37 claim was filed (December 4, 2006) and mutually beneficial to the
community and owners.
SECTION 5. This agreement is effective upon approval by City Council.
CITY OF TIGARD I B' 1 STMENT, LLC
j�� •
Tom Coffee Pas tr . '.fizz*
Community Development Director Managing Member
CITY : t 'ASC IMVESTMENT, LLC
Ill
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• �� /LA1- L1. f& ii . ■
Craig P sser Pas VI . if d Ci Mana er Mana n N - mb
tY g � g
APPROVED B Y TY C/ CIL:
Crai• 4 irksen
Mayor
Page 2 of 2
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Date /Time
iiii , Stamp
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4 4PC" 41 4 New Records Transmittal Form
Department: Community Development - Account: 2230 Date: 3/29/07
Current Planning
Prepared by: Cathy Wheatley Extension: 2410
Description: Date: Retention Retention Record Series
From - To Code: Period: Title:
Settlement Agreement - Pasquale 3/27/07 166 - 200 -0135 Permanent Property Dedication
Pascuzzi - Measure 37 Claim - (17) Records
Agreement was approved by the
Tigard City Council on March 27,
2007 - Record need to be kept
permanently
ropy io St(oJ
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* ** TO BE COMPLETED BY RECORDS DIVISION STAFF * **
Received by: J �� , Date Medium:
Received:
Clerk's Index: Date of Copy Sent To:
Yes No ❑ Entry: / Vilio7 Date:
rcv.1 /30/07