HomeMy WebLinkAboutEvergreen Mobile Park - Release and Settlement Agreement RELEASE AND SETTLEMENT AGREEMENT
THIS RELEASE AND SETTLEMENT AGREEMENT (hereinafter "Agreement ") is made
and entered by and between EVERGREEN MOBILE PARK, a Washington corporation located
at 2504 River Road in Yakima, Washington (hereafter "Evergreen "), and the CITY OF YAKIMA,
a Washington municipal corporation (hereafter "City ").
WHEREAS, in 2007, the City discovered the property owned by Evergreen Mobile Park
located at 2502 River Road was connected to the City's sanitary sewer system however it was
not being billed for all of its sewer service.
WHEREAS, the City contends that amounts owing from Evergreen for unbilled sewer
service for approximately the last three years prior to the date of this settlement is Fourteen
Thousand and Sixty -Five Dollars ($14,065.00) plus interest.
WHEREAS, the City and Evergreen wish to settle and compromise the claim for unbilled
sewer service.
NOW, THEREFORE, in consideration of the matters set forth, the City and Evergreen
agree as follows:
Evergreen agrees to pay the City Fourteen Thousand and Sixty -Five Dollars
($14,065.00). Said payment shall be made in 23 monthly installments of Five Hundred, Eighty -
Six and 04/100 Dollars ($586.04) commencing November 15, 2008, and one final installment of
Five Hundred, Eighty -Six and 08/100 Dollars ($586.08) to be paid on or before October 15,
2010. The City will waive all interest charges provided that Evergreen Mobile Park makes
installment payments pursuant to this schedule and completes payment of the entire amount,
$14,065.00, on or before October 15, 2010.
Payments shall be made to the City of Yakima Treasurer and sent to the attention of Rita
DeBord, Finance Director, City of Yakima, 129 North 2 " Street, Yakima, WA 98901.
In consideration of Evergreen's payment of all of said installments, the City of Yakima
hereby completely releases and forever discharges Evergreen, and each of its owners, officers,
directors, employees and agents, of and from any all past and present claims, demands,
obligations, actions, causes of action and rights, whether sounding in tort or in contract,
including such as may arise in the future, which seek recovery for wastewater utility services
provided prior to the date of this Agreement to City Sewer Account No. 56010. In the event
Evergreen fails to pay the installments as set forth in this Agreement, the City's release shall be
of no force and effect.
It is hereby expressly agreed and understood that the payment of said installments is
not, and is not to be construed as, an admission on the part Evergreen of any liability
whatsoever in consequence of said claim, but that payment is in compromise and settlement of
a claim which is denied and disputed by Evergreen.
The undersigned hereby declare that the terms of this settlement have been completely
read and that the parties have had an opportunity to discuss the contents of this Agreement with
their attorney. The undersigned hereby declare that the terms of this settlement have been fully
RELEASE AND SETTLEMENT AGREEMENT -1
understood and voluntarily accepted for the purpose of making a full and final settlement of any
and all claims of injury and damages, disputed or otherwise, on account of the aforesaid claim.
This Agreement shall inure to the benefit of and be binding upon respective successors
and assigns of the parties hereof.
DATED at Yakima, Washington this I X day of Ma ve ryt,e r , 2008.
CITY OF YAKIMA
B .
R. A. Zais, Jr., City Manager
Attest: ,�
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4
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/
Deborah Moore, City Clerk F ► 1 . p CITY CONTRAC r NO a 0 0'�
l i t 4 * ' ► �I ` .+ RESOLUTION NO °'-
STATE OF WASINGTON )
) ss.
County of Yakima )
On this 1v day of (\ op /4 /e , 2008, before me personally appeared R. A. Zais,
Jr., to me known to be the City Manager of the City of Yakima, a Washington municipal
corporation that executed the within and foregoing instrument and acknowledged the said
instrument to be the free and voluntary act and deed of said municipal corporation, for the uses
and purposes therein mentioned.
0( -)o(. ! P if J &d l f,,i.
Pri t Name: Lrev4.4 Gr.brr,/vps
NT Kik ` Notary Public in and for the State of Washington,
n LXPI ' 'r residing at Yakima.
c � My commission expires: .3-4.5
RELEASE AND SETTLEMENT AGREEMENT - 2
DATED at Yakima, Washington this . day of , 2008.
$ARg EVERGREEN MOBILE PARK
r,OMMis
A O), - i By: (4,/v1c
rn
® T t est■" at; Print Name: LI rr;& _i nC•.k
4- 10, 2 01 4 '�
W i f INGT j ` Title: Prop u r � r°
STATE OF WASINGTON )
ss.
County of Yakima )
On this 31 day of Oc�QL , 2008, before me personally appeared
Liv40- ',.,cc. , the ry1 of Evergreen Mobile Park, who executed
the within and foregoing instrument and acknowledged the said instrument to be the free and
voluntary act and deed of Evergreen Mobile Park, for the uses and purposes therein mentioned.
Print Name: Sai••� -� W�XS�
Notary Public in and for the State of Washington,
residing at Yakima.
My commission expires: 'b /ID /1,1
RELEASE AND SETTLEMENT AGREEMENT - 3
frxi
STOKES LAWRENCE NOV 4 ?,008
VELIKANJE MOORE & SHORE
CITY LEGAL DEPT.
Sarah L. Wixson
(509) 895-0065
saraftwixson@stokeslaw.com
Reply to Yakima Office
November 14, 2008
Sofia D'Almeida Mabee
Assistant City Attorney
200 South Third Street
Yakima, Washington 98901
Re: Evergreen Mobile Park Account No. 56010
Dear Sofia:
Enclosed you will find the original Release and Settlement Agreement which has
been signed by Evergreen Mobile Park. We would appreciate receiving a copy of the
Release once it has been signed by the City.
Sincerely,
STOKES LAWRENCE
VELIKANJE MOORE & SHORE
W
Sarah L. Wixson
Enclosure
Stokes Lawrence, es.
Stokes Lawrence 1 800 Fifth Avenue, Suite 4000 I Seattle, Washington 98104 -3179 1 206.626.6000 reception 206.464.1496 facsimile
Stokes Lawrence Velikanje Moore & Shore 1 1433 Lakeside Court, Suite 100 I Yakima, Washington 98902 -7354 1 509.853.3000 reception 509.895.0060 facsimile
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