03-03-14 Council Packet - Laserfiche WebLink

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2 162441 portable storage units may be stacked three high in the outside storage it utilizes on the Property; and WHEREAS, the Owner, the City, and the Tenant, together constitute the “Parties” to this Agreement; and WHEREAS, while the present zoning ordinance of the City precludes outside storage as a permitted use in the industrial zone in which the Property is located, the Owner contends that such outside storage is a grandfathered-nonconforming use, which predates the existence of the City’s zoning ordinance provision precluding such outside storage; and WHEREAS, the City contests the Owner’s contention that the Property enjoys a grandfathered-nonconforming use and both the Owner and the City are prepared to submit this dispute to a court of competent jurisdiction for resolution; and WHEREAS, the Parties recognize that such a court resolution would be time consuming, lengthy, expensive, and uncertain; and WHEREAS, the Parties wish to avoid such a lengthy, expensive and uncertain resolution by entering into this Agreement, which constitutes a compromise of the various positions of the parties. NOW THEREFORE, in consideration of the terms and conditions of this Agreement the receipt and sufficiency of which as consideration is acknowledged and recognized by all of the Parties, the Parties do hereby contract and agree as follows: 1. That any existing grandfathered rights to outside storage on the Property inconsistent with the City’s zoning ordinance shall terminate as of December 31, 2017 (“Termination Date”). After the Termination Date, the Property shall come into full compliance