HomeMy WebLinkAboutFi15-146 - Original - John S. Fowler - LID Foreclosure Settlement Agreement - 04/20/2015 1
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: John. S. Fowler
Vendor Number:
JD Edwards Number
Contract Number:
This is assigned by City Clerk's Office
Project Name: LID Foreclosures 2014
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
® Other: Settlement Agreement
Contract Effective Date: 4/20/15 Termination Date: N/A
Contract Renewal Notice (Days): N/A
Number of days required notice for termination or renewal or amendment
Contract Manager: Mariane Ely Department: Finance
Contract Amount: $24,221.61
Approval Authority: (CIRCLE ONE) Department Director Mayor City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
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As of: 08/27/14
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SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT("Agreement") Is effective this e4U day of
April, 2015, by and between JOHN S. FOWLER, and the CITY OF KENT. The CITY
OF KENT and JOHN S. FOWLER are collectively referred to herein as the"PARTIES",
I. RECITALS
A. JOHN S. FOWLER ("FOWLER") is the current titled owner of real
property located In Local Improvement District Number 359, commonly known as 11618
SE Kent Kangley Road, Kent, Washington, and legally described as follows:
THAT PORTION OF THE WEST 330 FEET OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 28,
TOWNSHIP 22 . NORTH, RANGE 5 EAST, W.M., IN KING
COUNTY, WASHINGTON, LYING NORTH OF THE KENT-BLACK
DIAMOND ROAD NO. 173, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID
SOUTHWEST QUARTER; THENCE SOUTH 0057'08" WEST
ALONG THE WEST LINE THEREOF 500 FEET; THENCE SOUTH
88°57'02" EAST 210 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 0057'08" WEST 250.56 FEET TO THE
NORTHWESTERLY MARGIN OF SAID KENT-BLACK DIAMOND
ROAD NO. 173; THENCE SOUTH 61°05'37" EAST 22.64 FEET
ALONG SAID MARGIN; THENCE NORTH 0*57'08" EAST 111.14
FEET; THENCE SOUTH 88°57'02" EAST 84,86 FEET; THENCE
NORTH 2°17'06" EAST 150.04 FEET; THENCE NORTH 88057'02"
EAST 108.35 FEET TO THE TRUE POINT OF BEGINNING;
King County Tax Parcel No. 282205-9153;
("Property"),
B. The CITY OF KENT obtained an Order of Default and Default Judgment,
Foreclosure Decree, and Authorization for Order of Sale against the Property and JOHN
S. FOWLER AND JANE DOE FOWLER, on March 3, 2015, in King County Superior
Court Cause number 14-2-30966 KNT.
C. The Order of Default and Default Judgment entered on March 3, 2015,
consolidated therewith two prior orders of default and two prior default judgments, as
follows:
• Order of Default and Default Judgment filed under King County
Superior Court Cause number 12-2-37078-8 KNT, on March 28, 2013.
• Order of Default and Default Judgment filed under King County
Superior Court Cause number 13-2-38897-9 KNT, on June 16, 2014.
D. The PARTIES are desirous of minlmizing and reducing the risk, expense
and time involved in further pursuing and/or defending claims arising out of or relating to
SETTLEMENT AGREEMENT
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above-mentioned matter, and therefore now settle and resolve all disputes, claims, and
controversies between and among them relating to the above-referenced lawsuits,
pursuant to the terms and conditions herein set forth.
Ill. AGREEMENT
NOW THEREFORE, in consideration of the actions, payment, and mutual
promises of the PARTIES contained herein, the receipt and sufficiency of which are
hereby acknowledged, the PARTIES agree as follows:
A. Recitals. The foregoing recitals are incorporated herein by reference and
made a part hereof.
B. Payment to City of Kent. FOWLER has paid or will pay $24,221,61 to the
CITY OF KENT by April 15, 2016 ("Payment"),
C. Installment Payments of LID Assessments. The Payment represents the
amount of all delinquencies, interest, penalties, and attorneys' fees and costs incurred
with respect to unpaid installment payments due through April 13, 2015, on the Local
Improvement District (LID) assessment levied against the Property and assigned
Assessment No. 17. Upon Payment, future installment payments on the LID
assessment shall be paid by FOWLER, or FOWLER'S heirs, successors, and assigns,
to the CITY OF KENT on the same basis or schedule as if no prior default had occurred.
The next regular installment payment of principal and Interest is due on or before
January 14, 2016, Installment payments will continue annually thereafter through
January 14, 2024,
D. Vacate Default and Dismissal. The CITY OF KENT agrees to vacate the
Order of Default and Default Judgment, Foreclosure Decree, and Authorization for Order
of Sale entered against the Property and JOHN S. FOWLER AND JANE DOE FOWLER,
on March 3, 2015, In King County Superior Court Cause No. 14-2-30966 KNT, and also
to dismiss FOWLER from said lawsuit without prejudice. The CITY OF KENT also
agrees that the Orders of Default and Default Judgments entered against FOWLER
under King County Superior Court Cause numbers 12-2-37078-8 KNT and 13-2-38897-9
KNT, shall be vacated and dismissed, without prejudice, as to FOWLER.
E. Without Prejudice. In entering Into this settlement, the CITY OF KENT
shall not be prejudiced and expressly reserves any and all rights and remedies, available
at law or In equity, to recover any portion of its Local Improvement District assessment
lien, together with such penalties, charges, Interest, and attorney's fees and costs of
collection as allowed by law, through the foreclosure and public sale of the Property
should future delinquency occur, subject to the provisions this Agreement,
SETTLEMENT AGREEMENT
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F. Joint Effort. Preparation of this Agreement has been a joint effort of the
PARTIES, and the resulting documents shall not be construed more severely against
any one of the PARTIES than against any other.
G. Binding Effect. This Agreement shall be binding upon and shall inure to
the benefit of the PARTIES hereto and their respective legal representatives,
successors, or assigns.
H. No Admission. The execution of this Agreement affects the settlement of
claims which are disputed, contested, and denied. Each Party hereto understands and
agrees that nothing herein is Intended, nor shall be deemed nor construed, to be an
admission of liability by any other Party in any respect.
1. Free and Voluntary Agreement. The PARTIES hereto acknowledge that
each has been fully advised by legal counsel concerning the language and legal effect of
this Agreement and knowingly enters into this Agreement freely and without coercion of
any kind.
J. Counterparts. The PARTIES agree that this Agreement may be executed
In counterparts, and that each of the PARTIES signing this Agreement acknowledges
that they have the authority to sign the Agreement on behalf of themselves, or on behalf
of the entities noted below.
K. Execution. This Agreement may be executed via facsimile or email
transmission or original signature and In any number of counterparts, each of which when
executed and delivered shall be deemed to be an original, and all of which when taken
together shall constitute one and the same Agreement. Photocopies of the entire signed
Agreement are effective and valid for any and all purposes as If they were the original
signed copy,
CITY OF KENT FOWLER
By BYIts: J N S. FOND LER
Dated: Dated:.. � ��
SETTLEMENT AGREEMENT
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