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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