HomeMy WebLinkAbout230930, Inc. - Pay Past Due DYBID Assessments230930 INC. AGREEMENT TO PAY PAST DUE DYBID
ASSESSMENTS TO THE CITY OF YAKIMA, WA
230930 Inc, a Washington corporation and the City of Yakima, Washington, a
ashington municipal corporation (hereafter City), together identified as the Parties hereto,
agree to the following resolution of past due and outstanding Downtown Yakima Business
Improvement District assessments accrued during 2010, 2011 and 2012.
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RECITALS:
The City of Yakima approved a Downtown Business Improvement District (DYBID)
within the downtown area of the City for the purpose of providing specific services and materials
for the benefit of the business owners and operators within the defined DYBID area; and
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The business owners and operators within the DYBID area receive the special benefits of
the services and materials provided to the business owners and operators within the defined
DYBID area; and
The business owners and operators receiving the special benefits of the services and
materials provided within the DYBID area are required to pay an established assessment to
compensate the City for the benefit said owners and operators receive from the DYBID in the
way of the additional services and materials provided within the district; and
230930 Inc owns, operates and/or oversees the Howard Johnson Hotel located at 9 North
91h Street within the DYBID assessment /service area and assessments are charged by the City to
said property in accord with the assessment formula provided in the DYBID ordinance; and
230930 Inc has failed to pay the City DYBID assessments invoiced to 230930 Inc by the
City in 2010, 2011 and 2012 totaling Eight Thousand Seven Hundred Forty Six and 61/100
Dollars ($8,746.61) as of February 7, 2013.
The City is prepared to initiate the statutory assessment collection process provided in
RCW 35.50 to collect the past -due accrued total assessment value together with all costs
associated with such action unless payment arrangements are agreed upon in writing prior to
February 14, 2013; and
230930 Inc and the City have reached an agreement to resolve the outstanding 2010,
2011 and 2012 DYBID assessment debt in accord with the terms of this Agreement; Now,
Therefore
The Parties agree to resolve the outstanding DYBID assessment balance due and owing
to the City for DYBID assessments invoiced to 230930 Inc during the 2010, 2011 and 2012
assessment period in the total amount of Eight Thousand Seven Hundred Forty Six and 61/100
Dollars ($8,746.61) as follows:
1) The City will invoice 230930 Inc. on or about April, 2013 for the amount of Four
Thousand Three Hundred and Seventy Three and 30/100 Dollars ($4,373.30), said
amount to be paid to the City by no later than May 1, 2013.
2) The City will invoice 230930 Inc on or about September 15, 2013 for the amount of
Four Thousand Three Hundred and Seventy Three and 31/100 Dollars ($4,373.31),
said amount to be paid to the City by no later than October 1, 2013.
The Parties agree that upon the City's receipt of the first and second payments in accord
with the terms set forth herein, the City shall deem the past due 2010, 2011 and 2012 DYBID
assessments owed by 230930 Inc to have been paid in full and no further claim or action of any
kind whatsoever shall be made or taken with regard to the 2010, 2011 and 2012 DYBID
assessments. PROVIDED, that in the event the payments are not received by the City in accord
with this agreement the Parties agree that the City shall be entitled to recover the full unpaid
amount of said assessments, together with interest accumulated thereon at the rate of 12 percent
(12 %) per annum from the date said assessments became past due, up to and including the date
final payment of the past due assessments, together with all accrued interest and all reasonable
attorney fees and costs incurred in collecting the past due assessments, is paid in full to the City
by 230930 Inc.
The Parties further agree that this repayment agreement is intended only to resolve the
past -due assessment balance accrued for DYBID assessments charged in 2010, 2011 and 2012,
and all present and future DYBID assessments due and owing by 230930 Inc for the property
230930 Inc owns within the DYBID area shall be payable when invoiced and 230930 Inc's
obligation to so pay shall not be affected in any way by the terms of this Repayment Agreement.
The undersigned signatory executing this Agreement on behalf of 230930 Inc. represents
by said signature hereon that he /she has the full authorization and approval of the property owner
of the Howard Johnson Hotel, 9 N 9th St, Yakima, WA, to accept on behalf of and to bind the
property owner to the above stated terms.
Ci of Ya ' a 230930 Inc.
By: - By:
Tony O'Ro ke, City Manager Colette Keeton, General Manager
Date: Date: �9-11 #12,00
CITY CONTRAC ( N0: e
RESOLUTION N0: