8f. Memo

Settlement Authorization

AGENDA MEMORANDUM                        Item No.          8f 
ACTION ITEM                            Date of Meeting       April 12, 2022 

DATE :     March 25, 2022 
TO:        Stephen P. Metruck, Executive Director 
FROM:    Pete Ramels, General Counsel 
Marie Quasius, Senior Port Counsel 
SUBJECT:  Authorization for the Executive Director to Execute a Settlement Agreement to
Resolve Easement Dispute and Claims for Damages
Amount of this request:               $1,290,000 

Request Commission authorization for the Executive Director to execute a settlement agreement
with Wesley Homes Des Moines, LLC and Wesley Homes Corporation ("Wesley") to resolve a
dispute related to the Port's avigation easement over Wesley's property and a claim for
In acknowledgment of and in exchange for actions described in the Settlement Agreement,
Wesley will release its claims against the Port and clarify the terms of the easement. 
1.   The Port will conduct acoustical testing at Wesley's "Terrace Building" (a 1960's era multistory
building) to determine interior noise levels from aircraft operations. 
2.  The Port and Wesley will work cooperatively to seek FAA funding for noise mitigation
improvements at the Terrace Building when/if it meets specified exterior noise levels. 
3.  The Port is committing to engage a consultant to conduct a full Part 150 update for SEA
Airport which will include noise contours for the airport and to make a budget
commitment in 2023 for funding commencement of the update. 
4.  The Port will reimburse Wesley for up to $250,000 in documented attorney and expert
fees that Wesley has incurred in connection with this dispute. 
5.  Wesley is going to provide the Port with a revised avigation easement that clarifies the
metric for measuring the burden, among other revisions to the easement. 
The Port denies Wesley's claims. However, considering the costs of litigation that would be
needed to take this matter to trial, the settlement is recommended. 

Template revised January 10, 2019.

COMMISSION AGENDA  Action Item No. 8f                                   Page 2 of 2 
Meeting Date: April 12, 2022 
This matter was discussed in privileged attorney-client communications. 
There are no attachments to this memo. 

Template revised June 27, 2019 (Diversity in Contracting).

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