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HomeMy WebLinkAboutCroskey, Josh & Jessica; Dennis, Franklin UTILITY PAYMENT AGREEMENT This Utility. Payment Agreement is entered into on this day of ruary, 2011,. between and among Franklin Dennis ("Owner"), Jessica Croskey (nee' Dennis) and Josh Croskey'.("Tenants") and the City of Auburn ("City Recitals: 1. Franklin is the owner, and Croskeys are the tenants and residents of, property located at 2402 17th St. SE, Auburn, Washington, .("Property") with a City of Auburn Utility Account number 008645-000. This account was originally set up in the: name of Jessica, Dennis on June 24, 2006. 2. ,The Croskeys, as a result of a water leak located on the owner's side of the water meter, incurred utility bills in the cumulative amount of $2;604.69 as of January 21, 2011. The parties dispute whether the leak was readily apparent on the, Owner's property, but do'not dispute that the, leak was not on the City-owned part of the water system. 3. The Croskeys submitted a request for leak adjustment, and were granted the maximum amount allowed administratively; $500.00. The Croskeys appealed this decision to the City's Public Works Committee, which- voted at an open meeting on'-February 11; 2011 not to grant further relief. 4. As provided for in Section 13.06.305 of the Auburn City Code, property owners are liable for- the unpaid utility bills of their tenants. 5. ! The .Parties, without either side admitting liability or fault, agree to settle the arrearages on the account in consideration of the terms and conditions of this Agreement, the sufficiency of which is hereby acknowledged. Agreement: 1. Owner and Tenants agree that the amount owed as of the date of this Agreement is $2,763.19.of which $158.50 is the current invoice with payment due on 3/01/2011, $142.84 is the -invoice dated-01/12/2011 which was due on 02/01/2011 and is currently past due, and the remaining balance which is related to ;the large bills during the leakage period of $2,461.85. 2. Owner and Tenants. jointly and severally agree to. pay to the City the sum of -One Hundred Dollars ($100.00) per month, with 'the first payment due on March 1, 2011, and remaining payments due on the 1 st day of each successive month until paid in full. The City shall assess 4.32% per year simple interest on the unpaid balance, beginning on' the, date this Agreement is signed. The remaining. balance shall 'be payable ins full upon sale or refinancing. of the Property. Dennis/Croskey. Settlement Agreement 2.232011 Page I of 3 3. Owner and Tenants agree to remain current on all City of Auburn utility bills related to the Property. Further, if Owner and Tenant fail to make either a current utility bill payment or a payment under this Agreement, the City shall be entitled to shut off the water to the Property subject only to the provisions in Auburn Administrative Policy 100-53, Section 4.1, which prohibits shut off on certain days, and 4.3, which requires two-hours' notice of shut off. Owner and Tenants understand that they will not be given the twenty-four hour notice in Section 4.2. 4. The parties will execute, concurrent with this Agreement, a Tenant Billing Agreement in accordance with ACC 13.06.305 and Policy 100-50. Owner acknowledges that he remains responsible for all utility bills associated with the Property. 5. Owner and Tenants agree to forever release, discharge; and dismiss the City of Auburn, and its officers, employees, successors, heirs, and all other persons, corporations, and entities of any kind from any and all claims, actions, causes of action, demands, rights, damages, costs, attorney fees, loss of services, expenses, and compensation, either known or unknown to the City, which in anyway relate to any known or unknown claims, and/or other losses or expenses related to the Property. 6. The Parties agree that this settlement is the compromise of a claim, and that the payment made is not to be construed as an admission of liability on the part of the party or parties hereby released. 7. The Parties agree that this Release contains the entire agreement between the parties hereto, and that the terms of this Release are contractual and not a mere recital and that it is intended to be binding on all Parties and their heirs, executors, administrators, successors, and assigns. 8. The Parties agree that each of them was either represented by counsel, or had the opportunity to independently consult with - counsel of their choosing. Accordingly, this agreement shall not be construed against either Party as the drafter. Dennis/Croskey Payment Agreement 2.22.2011 Page 2 of 3 9. This Agreement may be signed in counterparts. Entered into on the date indicated above. CITY OF AUBURN OWNER Shelle oleman, Finance Director i Dennis Approved as TENANTS,.. f D ie B. Hei , Jessi roskey r City Attorney i 7 Joshua-Croskey Dennis/Cmskey Payment Agreement 222.2011 Page 3 of 3