Zoning Page

Settlement Agreement and Mutual Release with Cash-Out Parties

  • When: 2025/01/09
  • Address: Lower Duwamish Waterway, Seattle, WA
  • City: Seattle
  • State: WA
  • Category: Economic Development Incentives
  • Subcategory: Brownfields
  • Asset Class: Land
  • Property Type: Placemaking

This Settlement Agreement and Mutual Release resolves liability and funding commitments among The Boeing Company, the City of Seattle, King County, and various cash-out parties for past and future response costs at the Lower Duwamish Waterway Site. It defines cash-out payment amounts allocated to each party, establishes payment schedules and trust funds for future costs, and provides mutual releases of claims under CERCLA and Washington’s Model Toxics Control Act. The agreement also details supplemental arrangements for select parties, protections and indemnities among settling defendants, and mechanisms for access, design, and implementation of remedial work. It clarifies reservation of rights for natural resource damages, upland source control, and certain claims not covered by the releases. The document sets out definitions, payment instructions, release triggers tied to court approval of a consent decree, and coordination for site access and restoration of in-water structures. It incorporates a consent decree process, provisions for bar orders to prevent future cost recovery claims, and confidentiality requirements for allocation documents. The agreement also addresses indemnity obligations, defense control, and conditions under which releases may be voided due to non-payment. Additionally, it includes appendices listing cash-out parties, funding commitments, supplemental agreements, and notice recipients.

Source

Applicant - Seattle City Light; Seattle Public Utilities


City Representative - Laura Wishik