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HomeMy WebLinkAboutBengoches Salgado, Ines - Restitution Recovery AgreementCity of Yakima RESTITUTION RECOVERY AGREEMENT PARTIES: City of Yakima — 129 N 2"d STREET, YAKIMA, WA 98901, a Washington municipal corporation and the injured party hereto (hereafter "Payee") AND INES BENGOCHES SALGADO —11 N WENAS ROAD, APT B, SELAH, WA 98942, the responsible party (hereafter "Payor"), DOL License # BENGOIG083N1, DOL Case # 1710 03 0016. IN CONSIDERATION OF the Payor agreeing to make restitution to Payee for the cost of the damages Payor caused to Payee's 2007 Chevrolet police vehicle (YPD Case No. 17Y-044352), the parties hereto mutually agree to keep, perform and fulfill the specific promises and conditions set out in this Agreement: Restitution Amount 1. The Payor promises to repay the principal amount of One Thousand One Hundred Forty Two Dollars and Fifty Six Cents ($1,142.56) to the Payee City of Yakima. without interest accrual on the unpaid balance. Payment 2. The principal sum shall be paid to the City in consecutive monthly installments of Fifty Dollars ($50.00) each, said installments commencing on July 1, 2018 and continuing on the first day of each month thereafter until April 1, 2020. The final payment of Forty Two Dollars and Fifty Six Cents ($42.56) shall be paid on May 1, 2020, at which time the restitution agreed upon by the Parties shall be paid in full. 3. At any time while not in default under this Agreement, the Payor may pay the outstanding balance then owing under this Agreement to the Payee in full, without bonus or penalty. Default 4. Notwithstanding anything to the contrary in this Agreement, if the Payor defaults in the performance of any obligation under this Agreement, or misses one payment required by the terms Page 1 of 5 herein, Payee shall notify Washington Department of Licensing that Payor has defaulted on the terms of this Agreement. Governing LawNenue 5. This Agreement will be construed in accordance with and governed by the laws of the State of Washington. Venue for any action taken to enforce the terms of this Agreement shall lie in a court of competent jurisdiction in Yakima County, Washington. Costs 6. All costs, expenses and expenditures including, without limitation, the complete legal costs Payee may incur enforcing this Agreement as a result of Payor's default shall be added to the principal sum then outstanding and shall become immediately due and owing and shall be paid by Payor. Amendments 7. This Agreement may only be amended or modified by a written instrument executed by both Payee and Payor. Entire Agreement 8. This Agreement constitutes the entire agreement between the parties and there are no further items or provisions, either oral or otherwise. Page 2 of 5 THIS PAYMENT AGREEMENT dated July,1'0 72018 IN WITNESS WHEREOF, the parties have duly affixed their signatures under hand and seal on this 3 day of July, 2018. SIGNED, SEALED, AND DELIVERED this SOF day of July, 2018. SIGNED, SEALED, AND DELIVERED this3(.941 day of July, 2018. PAYEE City of Yakima 404 CITY CONTRACT NO: "20/E3 1 7 RESOLUTION NO: 4 /af P YOR INE i N OCHES ALG 0 Page 3 of 5 NOTARY ACKNOWLEDGMENT - PAYEE STATE OF WASHINGTON COUNTY OF YAKIMA On this day personally appeared before me Cliff Moore, to me known (or satisfactorily proven) to be the Yakima City Manager, who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this 4e(4144-11 Notary Public Residing at: t f aiki to My commission expires: " 9 " 2U 2- 3U,r day of July, 2018. oolliiittito .`��,`Q ' NOT,g4;:. ice% - : My Comm. Exp► r :4• JWypg,?�r E '' : WASN'N ‘`of II 1 illo . Page 4 of 5 NOTARY ACKNOWLEDGMENT - PAYOR STATE OF WASHINGTON COUNTY OF YAKIMA On this day personally appeared before me INES BENGOCHES SALGADO, to me known (or satisfactorily proven) to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he/she signed the same as his/her free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand1and o,f ficial seal this 6 Notary Public -7-,- 7' 5' Ci 0 .r/ - Residing at: V a, if II-, G% My commission expires: o7•a3 -a2.. day of July, 2018. Page 5 of 5