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HomeMy WebLinkAboutGarnet Recyclers of WashingtonA 3 -IZ I PAYMENT AND SETTLEMENT AGREEMENT City of Auburn & Garnet Recyclers of Washington This Payment Agreement is entered into on this I 0 day of September, 2014 between Garnet Recyclers of Washington ( "Customer ") and the City of Auburn ( "City "). Recitals WHEREAS, Customer is the operator of a business located at 1045 W. Main Street in Auburn where it recycles garnet. WHEREAS, On or about February 6, 2014, the Customer discharged sediment from its facilities into the City of Auburn's public sewer main causing restricted flow to various properties on the line., WHEREAS, The discharge violated Auburn City Code (ACC) 13.20.140 and necessitated the city restoring the flow to the main line. WHEREAS, Pursuant to ACC 13.20.182, the Customer is liable for the repairs and corrective actions that were necessary to restore the sewer system to full and normal operations. These cost the city $15,313.80 in labor and equipment hours. WHEREAS, The Customer accepts its obligation to reimburse the City for its damage and costs, but cannot afford to remit reimbursement in a single payment at this time. WHEREAS, Both parties are interested in settling the debt outside of litigation and over a period of time. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement and for other valuable consideration, the receipt and sufficiency are here by acknowledged by Customer and City, the parties agree as follows: Agreement 1. Customer agrees that the delinquent amount owed as of the date of this Agreement ( "Outstanding Amount ") is $15,313.80 and consists of the costs for the City to repair and clean its main line in response to a discharge of sediment from the Customer's facilities. 2. Customer acknowledges that on April 3, 2014 it received a notice of the amount owing. Garnet Recyclers Payment Plan -- 1 3. Customer promises to pay the full outstanding amount to the City and City agrees not to demand full payment at this time. Customer agrees to pay to the City four hundred, twenty -five dollars ($425.38) every month until the Outstanding Amount is reduced to zero. The City agrees to refrain from assigning Customer's account to a collection agency or otherwise seeking to collect the outstanding balance while this Agreement is in effect and Customer is not in breach Customer agrees to make the first payment on October 1, 2014, and remaining payments by the first day of each successive month until the Outstanding Amount is paid in full. 4. Failure of the Customer to pay any scheduled payment within 14 days of it being due shall be a breach of this agreement and the total remaining outstanding amount become immediately due. Upon breach, the outstanding amount shall increase by $50.00 per month for each month that the Customer is in breach of the agreement. The penalty shall be effective on the first of each month. Within six months of the date of breach, the Customer may remedy the breach by paying all past due monthly payments under this agreement and any accrued penalties. After six months, the Customer may only remedy its breach by paying the remaining Outstanding Amount and all accrued penalties. If the Customer has failed to remedy the breach within six months of the date of breach, the Customer authorizes the confession and entry of judgment, without further process against them, in favor of the City for the remaining outstanding amount, penalties, and any additional legal costs of entering the judgment. The Customer verifies under oath 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. 5. Customer agrees to make payments in person to the Auburn Customer Service Center, located on the 2nd Floor at 1 East Main Street, or by mail to the CITY: Attn: Judi Portteus 25 West Main St. Auburn. WA 98001 A scheduled payment shall only be complete upon receipt by the City. 6. 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: PO Box 1270 Maple Valley WA 98038 Garnet Recyclers Payment Plan -- 2 7. Customer acknowledges that this agreement is not a waiver of any claims and shall not relieve customer of liability for future damages identified by the city that were caused by the discharge of sediment on or about February 6, 2014. Customer agrees that the Outstanding Amount may not be the extent of costs to the city for addressing the discharge and that the City retains its right to seek further compensation regardless of whether Customer pays to the City the Outstanding Amount. 8. Miscellaneous a. Entire Agreement. The Parties agree that this contract contains the entire terms between the parties, that the terms are contractual and not a mere recital and that the terms are binding on them, 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 any term of this agreement. d. Authority of Signatory. 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. e. 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 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. CITY OF AUBURN ncy Ba u Mayor Date C) , 2014 Garnet Recyclers Payment Plan -- 3 CUSTOMER KELLoi�f Title: Garnet Recyclers of Washington, In( Date: 01- 1 � - , 2014 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this l 0 0 L- day of 2014, before me, a Notary Public in and for the Slate of Washington, personally a peared Nancy Backus, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument, on oath stated that she was authorized to execute the instrument, and acknowledged it as the Settlement Agreement 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. L SHLEY DAVIS OTARY PUBLIC TE OF WASHINGTON MMISSION EXPIRES APRIL 29, 2018 NOTARY PUB IC ill a' residing at en, My appointment expires Print Name STATE OF WASI - IINGTON ) ) ss. COUNTY OF KING ) for the State of Washington, 1y On this l (� ` day of m}�)OI! 2014, 1 certify that I know or have satisfactory evidence that KELLY CAIN 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. ASHLEY DAVIS NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES APRIL 29, 2018 Garnet Recyclers Payment Plan -- 4 NOTARY PUBLIC(' anfffor the of Washington, residing at CW -)l /✓n , c yt'F My appointment expires aj 4 I Print Name