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HomeMy WebLinkAboutWhite, Kevin and Dolores - Settelement and Release of Claims • * . CITY OF YAKIMA • ,, ' UTILITY ACCOUNTS DIVISION : ' +� 129 North Second Street C ✓, % Yakima 'Washin g ton 98901 • s �'a,'.•. - Phone (509) 575 -6080 • Fax (509) 576 -6663 y � ' tir •_ o ..... ,8 SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS THIS SETTLEMENT AGREEMENT AND RELEASE is entered into between KEVIN WHITE AND DOLORES WHITE, husband and wife, and the CITY OF YAKIMA. RECITALS WHEREAS, it was recently discovered that the home located at 102 North 24th Avenue, Yakima, Washington, owned by Kevin & Dolores White was not connected to the City of Yakima wastewater system; and, WHEREAS, it was previously thought by both the Whites and the City that the home was connected to the wastewater system both at the time the home was purchased and in 2000 when the home's system was inspected due to a back -up of sewage in the home; and,. WHEREAS, the City has billed the Whites for wastewater services since the Whites moved into the home; and, WHEREAS, the City acknowledges that the Whites could file a claim against the City for past paid wastewater assessments during the period of time that the home was not connected to the City wastewater system; and, WHEREAS, the City and the Whites have agreed to settle this matter prior to the Whites filing a formal claim for damages, and the settlement is as outlined herein. SETTLEMENT AND RELEASE FOR AND IN CONSIDERATION OF Seven Thousand One Hundred Seventy -Seven and 84/100ths ($7,177.84), Kevin White and Dolores White, husband and wife, release and discharge the City of Yakima, its former, present and future elected or appointed officers and officials, agents, attorneys and employees, from all demands, claims, or suits of any kind relating to or arising from any and all past utility payments for the property, including, but not limited to, claims for past billings, damages, and /or negligent conduct, known or unknown by the City of Yakima wastewater system at 102 North 24th Avenue, Yakima, Washington, 98902 (Yakima County Tax Parcel No. 181323 - 31429). The undersigned hereby accept the payment of -7 3±00 in 2xchange for this Release as full and final settlement of all claims relating to the matter., f • 1 -- The undersigned warrant that no promises and /or inducements have been offered except as herein set forth; that this Settlement Agreement and Release is executed without reliance on Yakima bittel M•AmedcaClty IIIII� 1994 any statement or representation by any party and that the undersigned are legally competent, are of lawful age to execute this Settlement Agreement and Release and accept full responsibility therefor, and have read the foregoing, fully understand it and have had a full opportunity to discuss the foregoing terms with legal counsel. CITY OF YAKIMA KEVIN WHITE I . JEFF ER, Interim City Manager Ke in White-7 Date Date ATTEST: - DOLORES WHITE 1 _ \AO1:ONi ', V r ; pr_' _ I t ,l :��t�►:� 3� e City Cle k •..* • Dolores White • • . II b- � I�t`\,1)1V r .. 22 _/ 6 ff Date CITY CONTRACT NO: RESOLUTION NO:, l\ f i -