HomeMy WebLinkAbout001258 Original Contract The City of Port Angeles
Record # 001258
AGREEMENT
The parties to this Agreement are:
I The Port Angeles Police Department,the Seizing Agency, represented by Ileidi
Greenwood, Assistant City Attorney for the City of Port Angeles,
1 Robert D. Fields, Claimant-, and
3Court Wi I], Attorney for Claimant.
RECITALS
L
'['here is presently pending before the Title 69 Hearing Officer, ail action entitled In the
Matter of, $28,432.00 U.S. Currency. Defendant, and Robert D. Fields, Claimantand the Port
An)e Lg� olice DeDartnient, Seizing Agency; Case No. 2015-16802.
&-�
It is the purpose of this Agreement to frilly and finally resolve the action referenced in
section I above, between all parties to the Agreement,
Ill.
Specific documents and pleadings setting forth the terms in this Agreement will be
executed independently, for each individual action referenced herein, between the specific
pat-ties to each individual action.
I .
The terms and conditions of the Agreement between all parties, recognizing that each
action is independent of the other actions, and further recognizing that file parties together, or
individually, are the only persons who are litigant parties in each action, are as set forth below,
STIPULATED TERMS AND CONDITIONS
I Regarding In the Matte rt D.
Fields, Claimant, and. the Port Angeles Police Department, Seizing Agene Cas No
2015-16802:
(a) The Port Angeles Police Department shall, to the extent that it has not
already done so, return to Robert D. Fields (or his designee), Claimant, $3,444,00
of the $28,432.00 US, currency and personal property not subject to the
following section 1(b).
(b) The Claimant, Robert D. Fields, relic qUishes any and all claire of' right
arid/or ownership as to any items of'personal property constituting contraband that
were identified on the evidence sheets maintained in connection with PAPP Case
No. 2015-16802, all of which were seized by the Port Angeles Police Department
and are surrendered to the Port Angeles Police Department.
(c) The forfeiture action shall be dismissed with prejudice,
1 This instrument embodies the entire Agreement between the parties hereto with
respect to the transactions contemplated herein and there have been and are no
agreements, representations or warranties between the parties other than those set forth or
Provided for herein.
3. In the event that legal action is instituted by any party hereto to enforce the terms
of this Agreement or arising out of the execution of this Agreement, the prevailing party
shall be entitled to receive from the non-prevailing party or parties his court costs and
reasonable attorney's fees to, be determined by the court in which the action is brought.
14,
Court Will, SSA 947652 eji"&jea W- dod, LSSA #38037
Attorney for Claimant Attorney for Seizing Agency
Dated: 7/5/17 Dated:
AGREEMENT TO RELEASE CLAIM
I, Robert D. Fields, for and in consideration of the return of$3,444.00 of the $28,432.00
U.S. Currency that was seized by the Port Angeles Police Department on or about September 15,
2015, and any personal property excluding any items of contraband, all of which is being held by
the Port Angeles Police Department in connection with PAPD Case No. 2015-16802, receipt of
which I acknowledge by my signature on this release, do hereby acknowledge the full and
complete settlement of any claim or demand of any nature whatsoever that 1, my heirs,
successors or assigns, have or could have against the City of Port Angeles, and/or the Port
Angeles Police Department, or any of their respective officers or employees, arising from or in
any way related to the Port Angeles Police Department's sei n. ire of the $28,432.00 U,S.
Currency and any personal property.
It is my intention by signing this Agreement to acknowledge the satisfaction in full of any
and all injuries and damages of any nature whatsoever, to persons or property, which have
occurred as a result of the above described incident, whether fully developed or not. I understand
that this release includes and is intended to include any damages that could arise in the future as
a result of the described incident. Nevertheless, in consideration of the above-identified
consideration, and as my free and voluntary act, I am accepting the same as full and complete
satisfaction,
It is further understood that this settlement is the compromise of any claim and that the
Port Angeles Police Department's return of property is not to be construed as an admission of
liability on the part of the City of Port Angeles or the Port Angeles Police Department, or any of
their respective officers or employees, each of whom expressly denies any liability arising OLIt Of
the described incident.
Executed at A,
0
Washington, this day of
2017.
r till
Robert D. Fields, Claimant
STATE OF WASHINGTON
ss
County of
On this day personall appeared before me, a Notary Public, duly commissioned and
sworn, PID�>W� 14-�- , to me known to be the individual(s) described in
and who executed the within and foregoing agreement, and acluiowledged to me that
signed the same as h 1� free and voluntary act and deed, for
the uses and purposes therein stated.
GIVEN under my hand and official seal this day of 2017
Notary Public in and for"theStat of Washington
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TAMARA AVERY Residing at .00 &^,o
PUS
NOTARY 7 LIC My commission expires: ZZ3
C;TON
STATE OF WASMNOTON
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COWSVON EXPWS
4
JULY 19, 20207
ORT 1 NGELES
WASH IN GTON, U. S. A.
LEGAL
DEPARTMENT T(): Jennifier Veneklasen, City Clerk
William E. fluor FROM: Holly McKeen, Legal Administrative Assistant
City Attomey
[4531]
DATE: July 18, 2017
Heidi L Greenwood
Sr, Assistant City RE:
Attorney
[4562]
Jeanie DeFrang Attached fior filing please find the following documents regarding property seized
Legal Administrative and released by PAPD:
Assistant
[4536] 0 Agreement to Release Claim;
hotly McKeen 0 Agreement/Stipulated Terms & Conditions signed by Robert Fields,
Legal Administrative and
Assistant 0 Agreed Order of Dismissal.
[45301
Thank you for your assistance in this inatter.
Sincerely,
Holly 4cken
Legal Administrative Assistant
Attachments
17
2
3
4
BEFOU,THE DFS1GNA'IED HEARING
5 OFFICER IN AND FOR THE COUNTY OF
6 CLALLAM
7 h3 the Matter of:
8 $28,43100 t"I.S. C'Urrency PA I'D CASE NOt 20 5-16802
9 Defendant,
10 and AGIU."I'D ORDER OFI)ISMISSAI,,
I1 ROBFRI D. FIELDS,
12 Claimant,
13 and the
14 PORT ANGELES POIACE DEPARTMENT,
15 Scizing Agency.
16 COMES NOW, the above-referenccd parties, the Claimant having been represented by Cowl
17 Will,wid the Port Angeles Police Department having been represented by Sr.AssisLant City Attorney,
18 Heidi Greenwood, and the parties having settled this matter.
19 NONAI, THEREFORE, the forfeittire proceeding as to Lhe seizwe of the $28,43100 herein is
20 DISMISSE'D with prejudice.Each party is responsible fior their own costs andattorney fees incurred
21 in this matter, if any.
22DATED this day of June 2017.
23
24
25 SE'ei-R..'rant, Honorable Hearing Officer
26
27
I-AGREED ORDER OFDISMISSAL PORT ANGELES CITYATTORNEY
28 vpd 323 Iast Fifth Street
Port Angdes,WA 98 362-02 r7
Phom360 417-4576 Fax:360-417-4529
WAham Bloor,WSBA 04U4
H6di Gremwood,WSBA#3803')
Presented by:
2
Sr,Ott i n WoW413j,
Assistant CitytAttorney
C-"ity^of Port Angeles
321 E 51h Street, Fart Angeles, WA 98362
6 Attorney for Seizing Agency
2
Agreed laid Notice of Presentation awed:
8
cep
07/05/17
Attorney for Claimant
11 702 2 Avenue, Ste. 1111
Seattle, WA 98104
121
13
14
1
16
12
18
191
20
1
22
23
24
2
2
27
2-AGREED REED ORDER,OF DISMISSAL PORT ANC'ELAI-S CITY Al-FORNEY
28 1: :)t�r .4C�`+ l z t arca i d 1 nk� a. p 4.b 2 ww m c i%r ,F gr 321 Essi FifthEtred
Port Anpla,Wim+911262•0217
fur:260.417.4576 Fac;36("!17-4521
William Hk)or,WSBA#4094
Heidi Greenwood,V SHA 4280177
The City of Port Angeles
Record # 001257
VOLUNTARY ABATEMENT AGREEMENT
THIS AGREEMENT entered into as of the date of the last signature affixed below between the
City of Port Angeles,the City,and LAVAN LUKES,the owner,who owns real property legally
described as Lots 9 - 12, Block 346,Townsite of Port Angeles, situated in Clallarn County, Washington,
which is more commonly addressed as 1103 S Valley Street,Port Angeles,Washington.
WITNESSETH:
(1) The City and owner agree that the conditions set forth in Paragraph No. 2 of this Agreement
constitute a nuisance under the City's Nuisance Ordinance and must be abated in the manner set forth in
Paragraph No. 3 of this Agreement on or before November 5,2017;and the owner is the person responsible
to abate the conditions.
(2) The condition of the property which is the subject of this Agreement and constitutes a violation of
Port Angeles Municipal Code Sections 8.30.045, 8.30.060 and 14.01.100 that must be abated is:
accumulation of debris and trash not within an enclosed structure, parking of vehicles on residential
property,dilapidated and damaged structure,discharge of sewage in a private disposal system that is not in
accordance with adopted laws pertaining to such system, and building construction work not abiding by
construction codes.
(3) The condition of the property which is the subject of this Agreement must be abated by:
a) Removing any vehicles in excess of four within 14 days of signing this Agreement. The
four vehicles remaining on the property must be operable,registered,and in good
condition.
b) Remove all trash,storage,and debris from the property within 14 days of signing this
Agreement.
c) Apply for a demolition permit for the accessory structure within 60 days of signing this
Agreement. Complete the demolition within 30 days of obtaining the permit.
d) Provide proof of septic inspection within 14 days of signing this Agreement.
e) Apply for appropriate permits to repair the main house,including the kitchen,bathroom,
electrical system, and smoke/CO detectors within 30 days. Complete the work within 60
days of obtaining the permits.
(4) In consideration for the granting of this extended abatement period the owner understands and
agrees that he waives his right to appeal the City's determination that a violation of the Port Angeles
Municipal Code exists on his property. This waiver is voluntary and freely made with the full knowledge
of its consequences that includes the loss of right to appeal this determination of City Code violation.
(5) The Owner also consents and agrees that, if the condition giving rise to this Agreement is not
abated by the time provided in Paragraph No. I and in the manner prescribed in Paragraph No. 3,the City
or its agents and contractors may enter the property,on no less than two(2)days' notice to the Owner,
and abate the violation. Once the violation has been abated by the City,the Owner will receive an invoice
from the City and shall be responsible for all reasonable costs of abatement. The costs shall be paid to the
- 1 -
City within thirty(30)days from the date of the invoice. If the costs are not paid they shall be a lien
against the property.
(6) The Owner further agrees and consents that if the terms of the Voluntary Abatement Agreement
are not met,the Owner shall he assessed all costs and expense-,of the abatement per PANIC 8.04.080.
(7) 'fhe Owner also further agrees and consents that if the terms of the Voluntary Abatement
Agreement are not met,the City may post and close the property as unsafe;. Persons entering the property
after such time would be subject to arrest.
(8) 'The Owner agrees that the City shall have the right to request sivcif ic perforniance of this
Agreement and that the remedies of the City in connection with the abatement ofthe violations and
reimbursement of all costs incurred therefore are cumulative in favor of the City.
(9) The Owner agrees that this Agreement may be recorded with the Clallarn County Auditor's
Office.
(l 0) The Agreement shall be interpreted in accordance with the laws of the State of Washington and
venue shall be in Clallarn County,Washington.
(l f) This is a fully integrated Agreement and contains the entire Agreement between the parties. Any
prior written or oral agreements which are different in terms,conditions and provisions to this Agreement
shall be of no effect and shall not be binding upon either party.
(12) No amendment or modifications of this Agreement shall be valid unless expressed in�rriting and
executed by the parties hereto in the same manner as the execution of this Agreement.
IN WITNESS WHEREOF,the parties have caused this agreement to be executed as set forth
below.
By:
By:
ty t' W,
rr
" 0 ner
1103 S. Valley !qtr e forth, e of Port Angeles, WA
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Date: Date
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STA,rE OF WASHINGTON)
)ss.
County of Clallam
On this A�day of 2017 before me,a Notary Public fort State of
Washington,duly commissioned and swbm,personally appeared L.,ciyQi4
to me known to be the individual that executed the foregoing
instrument, and acknowledged said instrument to be his free and voluntary act and deed for the uses and
herein mentioned.
order my hand and official seal the day and year first in this certificate above written.
AA
NOTA4P!UZI*IC-inand for time tate
oo
of Washington,residing at Port Angeles.
MyCommission expires:
STATE OF WASHINGTON)
)ss.
County of Clallam
On this--�!��ay of017,before b&rx2n!-j ore mN
e,a otary Public fear St
r the ate of
2
Washington,duly commissioned and svkom,personally appeared
, to me known to be
their Za!)of the City of Port Angeles,the municipal corporation that executed the foregoing
instrument,and acknowledged said instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned,and on oath stated that he was authorized to
execute said instrument,and that the seal affixed is the seat of said municipal corporation.
Given under my hand and official sea] the day and year first in this certificate above written,
vv wfgl�41
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0 .0% Not ai�yjublic in and for the State of
Washington,residing at Port Angeles.
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My commission expires: