HomeMy WebLinkAbout001231 Original Contract City of Port Angeles
Record # 001231
Settlement Agreement and Release
The City of Port Angeles ("The City") and Richard and Michelle Smith hereby enter in to
this Settlement Agreement and Release under the following terms:
Mr. and Mrs. Smith own a house in the eastern urban growth area of
the City of Port Angeles. This house is served by the waste water
utility of the City of Port Angeles. In February of 2014, Mr. and Mrs.
Smith requested the City terminate their waste water utility account as
they would be out of town for an extended period of time. The City of
Port Angeles stopped billing Mr. and Mrs. Smith as of March 4, 2014.
Mr. and Mrs. Smith believed that the City would be resume the waste
water billing automatically upon their return. Mr. and Mrs. Smith
returned in March 2014. The City did not resume the billing until June
2016. The City charged Mr. and Mrs. Smith for the missed bills
between March 2014 and June 2016. Mr. and Mrs. Smith have made
some payments against the outstanding balance, but they dispute the
amount of the back bills and have a potential claim against the City.
2. The parties have reached a comprehensive compromise and settlement
of the claim. This Settlement Agreement and Release sets out the
terms and conditions of the parties' compromise and settlement of the
claim.
3. As the full and complete compromise and settlement, Mr. and Mrs.
Smith will pay the City one-half of the outstanding waste water utility
balance of$1825.50. Mr. and Mrs. Smith will pay the City $912.75.
4. The City will accept $912.50 as full and complete compromise and
settlement for the outstanding balance for the missed bills between
March 2014 and June 2016.
5. Mr. and Mrs. Smith will continue to pay their monthly waste water
utility bills as they become due.
6. By signing this Settlement Agreement and Release no party admits
any wrongdoing.
7. As additional consideration to the City, Mr. and Mrs. Smith
irrevocably and unconditionally forever releases and discharges the
City and its affiliates, officers, agents, attorneys, insurers, and
employees from any and all claims, causes of action, charges,
allegations or complaints, of any and all kinds, known or unknown,
arising out of or in regards to Mr. and Mrs. Smith's March 2014 to
June 2016 Nvaste water utility bills.
As additional consideration to Mr, and Mrs, Smith, the City
irrevocably and unconditionally forever releases and discharges Mr.
and Mrs. Smith from any and all claims, causes of action, charges,
allegations or complaints, of any and all kinds, known or unknown,
arising out of or in regards to the claim and their March 2014 to June
2016 waste water utility bills.
9. 'rhis Settlement Agreement contains all the agreements and
commitments of the Patiesrelating to the claims referenced in this
Settlement Agreement. This Settlement Agreement is intended by the
Patties as a final expression of their agreement.
10. In entering into this Settlement Agreement, each Party hereto
represents that it has relied upon the advice of an attorney of its own
choice concerning the legal consequences of this Settlement
Agreement; that the terms of this Settlement Agreement have been
completely read and explained to each Party by its attorneys; and that
the terms of this Agreement are fully understood and voluntarily
accepted.
Each Party represents and warrants that no other person or entity has,
or has had, an interest in the claims, demands, obligations, or causes of
action referred to in this Settlement Agreement and that each Party has
the sole right and exclusive authority to execute this Agreement.
Dated Th .,,Cl*ty ofPort Angeles
Mr. Dan McKeen
City Manager for the City of Port Angeles
Dated('7 Mr. Richard Smith
Dated Mrs. Michelle Smith