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HomeMy WebLinkAbout03/19/2013 00 Misc Distributed at the Meeting1 Distributed at the QTY OF YAKPvU ; Meeting LEGAL up 200 SoukhTbud Sftv4Yakima,Wa4mV on 99901 (509P5-6W Fmc (509F/5.6160 PRIVILEGED AND CONFIDENTIAL: COVERED BY TAE ATTORNEY - CLIENT AND ATTORNEY WORK PRODUCT PRIVILEGES MEMORANDUM March 8, 2013 TO: Honorable Mayor and Members of the City Council Tony O'Rourke, City Manager FROM: Jeff Cutter, City Attorney SUBJ: City of Yakima v. The Senator, LLC Yakima County Superior Court Cause No. 13 -2- 00703 -6 Attached are copies of a Summons and Complaint for Foreclosure of a Parking and Business Improvement District Assessment Lien for delinquent Yakima DYBID assessments that were filed with the Yakima County Superior Court on February 28, 2013. Copies of the attached were served on the defendants via regular and certified mail. I Background: The DYBID, a Parking and Business Improvement District, was established to assist trade, economic vitality, security and livability within the District, providing such services that include but are not limited to special maintenance, graffiti removal, security patrols, planters, lighting and decorations within the District. The formation of the DYBID initiated annual assessments on properties located within the DYBID area that were specially benefitted by the services provided by the DYBID, of which The Senator, LLC is included. Since January, 2010 The Senator, ' LLC did not make any quarterly ,payments whatsoever on the DYBID assessments resulting in the present assessment delinquency. As of February 28, 2013, The Senator, LLC owed $8,752.11 in delinquent DYBID assessments. On January 24, 2013, a Notice of Foreclosure Action, advising The Senator, LLC of delinquent property assessments, was sent certified mail, return receipt requested. The City received no response,to the Notice and therefore initiated the attached lawsuit to collect the delinquent assessments, pursuant to RCW 35.87A.130 and 35.50.030. We will keep you updated on the case status. JC /pm Attachments