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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: ,� c-)21 „ ‘ % A 4 . t� / 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 46394 -002 \ 381803.doc www. stokcslaw.corn