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HomeMy WebLinkAboutDavid Skalikeu3 .12 1 Promissory Note and Payment Plan of David Skalikeu SEP 2 3 2014 THIS AGREEMENT is entered into this 23rd day of September, 2014 by David Skalikeu, hereafter referred to as SKALIKEU, and the City of Auburn, a municipal corporation of Washington, hereafter referred to as CITY. WITNESSETH, WHEREAS. on September 11, 2013 David Skalikeu was driving a car owned by Vasiliy Zagoryanu on Lake Tapps Parkway SE. The car drifted out of his lane, crossed the adjoining eastbound lane, left the roadway and continued over the curb. The car then collided with the city's light pole on the south side of the street, and WHEREAS, the collision seriously damaged the City's light pole, requiring that it be replaced at a cost of $5,456.81, and WHEREAS, both parties are interested in settling this controversy outside of litigation. NOW THEREFORE, it is hereby AGREED as follows: 1. Terms This note is executed as security for payment of property damage sustained by the City of Auburn on September 11, 2013 through an accident at or near Lake Tapps Parkway and for which accident and damages, full responsibility is hereby acknowledged. SKALIKEU further acknowledges that the cost of replacing the light pole damaged in the September I I, 2013 collision, $5.456.81, is justly due to the CITY as a result of the collision. SKALIKEU promises to pay to the order of the City of Auburn, the principal sum of Five thousand four hundred fifty -six & 81/100 Dollars ($5,456.81). Said principal shall be paid in monthly payments as follows: one- hundred dollars ($100) on the first day of October, 2014, and a like sum on the 1st day of each and every month for twenty four payments, and the sum of two - hundred and fifty dollars ($250) thereafter until the said principal sum shall have been fully paid. Said principal shall be paid in lawful money of the United States. SKALIKEU shall make the payments in person to the Auburn Customer Service Center, located on the 2nd Floor at I East Main Street, or by mail to the CITY: Attn: Judi Portteus 25 West Main St. Auburn, WA 98001 SKALIKEU PROMISSORY NOTE Page I 1 A payment shall only be complete upon receipt by the CITY at the above address. The City agrees to provide the Customer a statement detailing the amount owed for the month and the remaining balance of the outstanding amount. Failure to provide this notice, or to provide the notice timely, shall not waive, excuse or remedy any failure by the Customer to make any payment to the City by the due date or any other breach of this agreement. The notice will be sent to the following address: 32815 23r0 Ave. SW Federal Way WA 98023 2. Breach SKALIKEU shall be in breach upon his failure to pay any scheduled payment within 14 days of it being due, or upon his failure to have paid the total amount by December 31, 2017. Upon breach, the whole outstanding sum of principal shall become due and payable at once without further notice, at option of the holder. In the event of breach, suit may be had on this note. Additionally, upon breach, SKALIKEU authorizes the confession and entry of' judgment, without further process against him, in favor of the CITY for the amount of the CITY's damages outstanding at the time of the breach, together with the costs of any action brought thereon, including reasonable attorney's fees. SKALIKEU authorizes any attorney designated by the holder hereof to appear for him in any court of record in the State of Washington; waive the issuance and service of process, and confess a judgment against him in favor of the CITY. Stay of execution is hereby waived and the exemption of personal property from levy and sale on any execution is also waived. The City of Auburn also reserves the right to notify the Washington State Department of Licensing and request that the financial responsibility law be enforced in the event of a breach 'of this agreement. 3. Miscellaneous a. F_ntire Agreement. The Parties agree that this agreement contains the entire terms between the parties hereto, and that the terns 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. b. Construction. 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. c. Waiver. No failure or delay of either party in exercising any right, power or privilege herein, including the acceptance of late payments, shall operate as a waiver of such party's right to require strict compliance with an}' term of this agreement. SKALIKEU PROMISSORY NOTE Page 12 Governing Law. This Settlement Agreement shall be construed and interpreted according to the laws of the State of Washington. e. Binding on Successors and Assigns. All the terms and conditions of the Settlement Agreement and its exhibits shall be binding upon and inure to the benefit of the CITY and SKALIKEU and their respective heirs, successors, and assigns. Authority ofSignatorY. The CITY covenants. represents and warrants that all signatories on behalf of the CITY have the capacity to legally bind the CITY and have all necessary legal authority to enter into the Settlement Agreement. The CITY warrants that the signatories are executing this agreement on behalf of the corporation. g. Counterparts. This Settlement Agreement may be executed by multiple counterparts, each of which shall be deemed an original, and all of which shall constitute one final agreement as if one document had been signed by all signatories hereto and each such counterpart, upon execution and delivery, shall be deemed a complete original, binding on the parties to the Settlement Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the 23 day of , 2014 and each does solemnly swear that the facts supporting the confession of judgment are true and correct and the CITY's costs are justly due. SKALIKEU verifies that the above confession of judgment is authorized by him and that the facts set out above are true to the best of his knowledge and belief. FOR THE CITY OF AUBURN Rob Ros oe Director, Human Resources Dept. City of Auburn APPROVED AS TO 1'0RM: �t o2 � 13. Heid Auburn City Attorney DAVID SKALIKEU Acknoivleelgemews follow of next page SKALIKEU PROMISSORY NOTE Page 13 Acknowledgement of David Skalikeu STATE OF WASHINGTON ) ) ss. County of KING ) I certify that I know or have satisfactory evidence that DAVID SKALIKEU is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the free and VOluntary act of Such party for the uses and purposes mentioned in this instrument. Datedo9t,;,306) `i � NOTARY PU13Ll in an6 for the State of Washington ASHLEY DAVIS NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES APRIL 29, 2018 STATE OF WASI- IINGTON COUNTY OF KING residing at My appointorf(�- �it expires Print Name 1n15z .t ss. �A On this day 2014, before me, a Notary Public in and for the State of Washington, personally appeared Rob Roscoe, personally known to me to be the person who executed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the Promissory Note of CITY OF AUBURN, to be the free and voluntary act and deed of said municipal corporation for the uses and purposes mentioned in the instrument. Dated:0ci/ ?3 A) (, ya—u- 1 X NOTARY PUI3LIC in and rte State of Washington, residing at My appointment expires Print Name ASHLEY DAVIS NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES APRIL 29, 2018 SKALIKEU PROMISSORY NOTE Page 14