Loading...
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