HomeMy WebLinkAbout000928 Original Contract City of Port Angeles
Record # 000928
AGREEMENT TO PAY
DELINQUENT UTILITY BILLS
This Agreement is made between the City of Port Angeles (hereinafter referred to as the
"City") and Serenity House of Clallam County (DBA Serenity House of Clallam County and
Evergreen Family Village) (hereinafter referred to as "Serenity House")
In consideration for the benefits to be derived from compliance with this Agreement, the
parties recite and covenant as follows:
1. Recitals.
A. The City claims that Serenity House owes to the City the
sum of $122,854.04 for unpaid utility service; this amount includes
interest and penalties as well as the delinquent amount of$108,639.88.
B. Serenity House acknowledges that it is delinquent in
payment to the City for utility services the City has furnished to Serenity
House and that the City, under both state law and city ordinance, could
now disconnect utility services to Serenity House.
C. Both parties recognize that disconnection of utility services
would cause Serenity House to immediately halt its business operations
and to disrupt the lives of its tenants.
2. Agreement to pay past due amounts.
A. For the purposes of satisfying the delinquent utility charges
owed by Serenity House to the City of Port Angeles and of securing
continued utility services to Serenity House's facilities, Serenity House
shall pay to the City the sum of$88,897.75, due and payable on or before
September 15, 2015.
B. In addition, Serenity House shall pay to the City, on or
before September 15, 2015, the full amount of all monthly utility charges
billed in the interim period between the date of this agreement and the due
date of the payment in paragraph A above.
C. So long as the payments required by paragraphs A and B
above are timely made in full and kept current, the City agrees it shall not
disconnect utility services to Serenity House's facilities.
D. The City agrees that it shall accept, as full and complete
compromise and satisfaction of the delinquent utility payments now
accrued, the payment described in paragraphs A and B above. As long as
the payment is made in a timely manner, then the City will forgive interest
and penalties in the amount of$33,956.29.
E. So long as Serenity House remains in good standing with
. .._ . _
the terms of this Agreement, no additional interest and penalties will
accrue.
F. In the event Serenity House fails to timely and fully make
any payment required by paragraphs A or B above, the City may declare
this agreement to be terminated. In that event, the full amount of interest
and penalties, calculated as if this Agreement had not been made, shall
immediately become due and payable; and the City may disconnect utility
services and pursue its legal remedies to collect the sums due.
3. Entire Agreement.
This Agreement constitutes the entire agreement between the City and Serenity
House and it supersedes all prior communications and proposals, whether
electronic, oral, or written between the City and Serenity House with respect to
the delinquency covered by this Agreement.
IN WITNESS WHEREOF, the City and Serenity Housed have executed this Agreement
as of the date and year last written below.
CITY OF PORT ANGELES SERENITY HOUSE OF CLALLAM
COUNTY
By: By:
Title: -' _ _ v_ Title: el4S
Date: Date: `
Approved as to for
William E. Bloor, City Attorney
Attest:
t
ennifer Veneklasen, City Clerk