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HomeMy WebLinkAboutVance & Betsy Leonard - Agreement to Pay and Payment Plan AGREEMENT TO PAY AND PAYMENT PLAN This Agreement to Pay amounts due and Payment Plan for how the amounts shall be paid is hereby entered into between the City of Yakima, a municipal corporation ("the City"), and Vance L. Leonard and Betsy Leonard (collectively referred to as "Owner") this 2 day of February, 2021. RECITALS A. In October of 2020, code enforcement officials were dispatched to the property generally known as 1216 Cherry Avenue, Yakima, Washington (hereinafter"Property") to evaluate whether the Property violated Yakima Municipal Code section 11.10.210, which sets forth standards for determination of unfitness, which include uncleanness and the presence of nuisance conditions on the property. B. Upon arrival, code enforcement officials observed the following violations of the Yakima Municipal Code: Excessive accumulation of wood, pallets, and other miscellaneous debris. C. On November 3, 2020, code enforcement officials returned to the property and observed no change in condition. A Notice of Illegal Conditions was issued and directed the Owner to correct the illegal condition and come into compliance with the municipal code by removing all excess wood, pallets and miscellaneous debris from the property on or before December 14, 2020. Photographs attached to the notice show a significantly large pile of wood debris and pallets as well as miscellaneous debris on the property. D. Since the Owner did not remedy the illegal conditions on the property the matter was brought to the Community Review Board pursuant to YMC 11.10. There, the Community Review Board found that the Owner received proper service, that there were unlawful conditions on the property as outlined in the notice and those conditions were not remedied. E. The Community Review Board ordered that the Owner take immediate action to remove the wood, pallets and other miscellaneous debris from the Property and come into compliance with the code F. The Owner acknowledges and agrees that the Property was in violation of the Yakima Municipal Code and the abatement requirements listed herein and required by the City were reasonable and necessary. The Owner acknowledges that they owe $1,227.70 in fees AGREEMENT 1 and costs associated with the case against the property. A copy of the Invoice is attached hereto as Exhibit "1." G. Owner has asked for a payment plan to pay the amounts due and owing. The City agrees to a payment plan under the terms and conditions of which are outlined herein. AGREEMENT 1. Owner and City agree that all Recitals, paragraphs A through G listed above, are fully incorporated into this Agreement, and acknowledge the same to be true and correct. 2. Owner has paid an initial payment of $70.00 at the time this Agreement was signed. 3. Owner shall pay the remaining sum of $1,157.70 plus 2% accrued interest to the City of Yakima by cashier's check, certified check, or cash, as follows: Amount Date to be paid $65.34 March 1, 2021 $65.34 April 1, 2021 $65.34 May 1, 2021 $65.34 June 1, 2021 $65.34 July 1, 2021 $65.34 August 1, 2021 $65.34 September 1, 2021 $65.34 October 1, 2021 $65.34 November 1, 2021 $65.34 December 1, 2021 $65.34 January 1, 2022 $65.34 February 1, 2022 $65.34 March 1, 2022 $65.34 April 1, 2022 $65.34 May 1, 2022 $65.34 June 1, 2022 $65.34 July 1, 2022 $65.34 August 1, 2022 Total: $1,176.12 AGREEMENT 2 The payments will be made by Owner at the City of Yakima, Permit Desk, 129 N. Second Street, 2nd Floor, Yakima, Washington 98901, or by mail. There shall be no penalty for pre-payment. Please contact the City for a pay-off quote at any time. 3. The City shall also file a Lien against the property for the amounts due and owing. Upon full payment under this Agreement, the Lien will be released. The City will not certify the lien against the property with the Yakima County Treasurer, to be added to the property's property taxes, as long as the payments are being made in a timely manner. If payment is not made, the City is authorized to immediately certify the lien to the Yakima County Treasurer for further action. 4. A waiver by either party hereto of a breach of the other party of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist on strict performance of any agreement or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 5. If any portion of this Agreement is changed per mutual agreement, or any portion is held invalid for any reason, the remainder of the Agreement shall remain in full force and effect. 6. This Agreement sets forth all of the terms, conditions and agreements of the parties relative to the subject matter hereof and supersedes any and all former agreements, including oral representations, which are hereby declared terminated and of no further force or effect. There are no terms, conditions or agreements except as herein provided and no amendment or modification of this Agreement shall be effective unless reduced to writing and executed by both parties. 7. Owner hereby waives any right to notice of payments due, presentation, or any other right to notice associated with this Agreement and the filing of the Lien with Yakima County. Dated this day of // ��-r'i , 2021. Z-eAJJ74-1(.1 J VCIA ( Levy-1_4464 PRINT NAME: PRINT NAME: AGREEMENT 3 Address: 12 / 6 Address: /2 Telephone No.: (50 ) 7S ti- '1(.0 Telephone No.: /''-ei ) -7 5 GI" 3-gs'16 By: Robert Harrison, City Manager ATTEST: Sonya flaar-Tee, City Clerk V c .r 7,,9"i"'Q�� CITY CONTRACT NO RESOLUTION NO: M A AGREEMENT 4