HomeMy WebLinkAboutFI15-371 - Original - Tajinder Singh & Gurpreet Kaur - LID Foreclosure Settlement Agreement - 11/17/2015 K�° Records M erne-
WASHINciON Document
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: Tajinder Singh and Gurpreet Kaur
Vendor Number:
JD Edwards Number c
Contract Number: - i
This is assigned by City Clerk's Office
Project Name: 2015 LID Foreclosure Lawsuit - City of Kent v. Harris, et al.
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
® Other: Settlement Agreement
Contract Effective Date: 11/17/15 Termination Date: N/A
Contract Renewal Notice (Days): N/A
Number of days required notice for termination or renewal or amendment
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Contract Manager: Mariane Ely Department: Finance
Contract Amount. $1 546 17
Approval Authority: ® Department Director ❑ Mayor ❑ City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
LID 363, Assessment No. 37, 11203 SE 232"d St., Parcel No. 374700-0010
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As of: 08/27/14
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT ("Agreement") is entered into between
TAJINDER SINGH and GURPREET KAUR, husband and wife ("SINGH/KAUR"), and
the CITY OF KENT, a Washington municipal corporation ("CITY"). The CITY OF
KENT and TAJINDER SINGH and GURPREET KAUR are collectively referred to herein
as the "PARTIES".
I. RECITALS
1.1 SINGH and KAUR are the current titled owners of real property located
in Local Improvement District Number 363 ("LID No. 363"), commonly known as
11203 SE 232"d Street, Kent, Washington, and legally described as follows:
LOT 1, JOSEY GLENN, ACCORDING TO THE PLAT THEREOF RECORDED
IN VOLUME 144 OF PLATS, PAGE(S) 19 AND 20, RECORDS OF KING
COUNTY, WASHINGTON,
King County Tax Parcel No. 374700-0010.
("the Property")
1.2 Through LID No. 363, Assessment No. 37 was levied and confirmed
against the Property in the total amount of $2,130.48, for the special benefits
conferred upon the Property by construction of the public improvements
contemplated and described in Ordinance No. 3896, adopted by the Kent City
Council on December 9, 2008. The assessment levied and confirmed upon the
Property by Ordinance No. 4051, adopted on October 16, 2012, is payable over
fifteen (15) annual installments in the principal amount of $142.03 each,
commencing on December 16, 2013, and terminating on December 16, 2027, plus
interest and any delinquent penalties.
1.3 SINGH/KAUR are delinquent in payment toward their Property's LID
assessment, including the annual installment, interest, penalties, and foreclosure
costs, for the installments due on December 161h for the following years: 2013 and
2014. As of the date of this Agreement, the total delinquent installments, interest,
penalties, and foreclosure costs assessed against the Property are $1,190,26, In
addition, the Property's regular annual installment payment of $253.89 will become
due on December 16, 2015. Under state and local law, once an installment
payment is delinquent, the entire remaining assessment accelerates and becomes
immediately due and owing. The current unpaid and accelerated assessment,
interest, penalties, and costs equal $3,148.51.
1.4 To remove the Property from foreclosure, the total payment required is
$1,546.17, which includes the amount of the regular annual installment payment
due on or before December 16, 2015 ($253.89), an the penalty that ^j It be
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SETTLEMENT AGREEMENT tials initials
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assessed against that installment because payment will not have been made on or
before that date ($26.02). While SINGH/KAUR is unable to pay the total amount
now due to remove the Property from foreclosure, SINGH/KAUR has proposed a
payment plan acceptable to the City that will bring the Property current on its LID
assessment. Once the LID assessment is brought current in accordance with this
Agreement, the LID assessment will revert back to an installment plan and the
pending foreclosure proceedings against the Property in King County Superior Court
will be dismissed. If payments are not made in strict compliance with this
Agreement, foreclosure proceedings will proceed.
II. AGREEMENT
NOW THEREFORE, in consideration of the mutual intent, desire, and promises
of the parties and other good and valuable consideration, the City and SINGH/KAUR
agree as follows:
2.1 Recitals. The foregoing recitals are incorporated herein by this
reference and made a part hereof.
2.2 Delinquency Owed on LID Assessment. SINGH/KAUR agree that the
delinquency owed on their Property's LID assessment—LID No. 363, Assessment
No. 37—through the December 16, 2015, installment payment is $1,546.17, which
includes the following:
✓ 12/16/2013 installment, plus interest and penalties $279.94
✓ 12/16/2014 installment, plus interest and penalties $279.90
✓ 12/16/2015 installment, plus interest and penalties $279.91
✓ Title report — 2015 foreclosure proceeding $416.48
✓ Foreclosure costs, including postage, $213.94
filing fee, recording fee, and service fee
✓ Release of [is pendens, to be recorded after LID $76.00
assessment is paid current and foreclosure dismissed
TOTAL DELINQUENCY $1,546.17
2.3 Payment of Delinquency. SINGH/KAUR agree to make the following
payments, in the stated amounts, and on the stated day no later than 4:00 p.m.
SINGH/KAUR agree to strictly comply with this payment schedule. If anv
payment is late, if any payment is returned for insufficient funds, or if any
Payment is in an amount less than that provided for by this Agreement,
this Agreement is null and void and the foreclosure proceedings will
continue as if this Agreement was never made. However, by fully complying
with the following payment schedule, once all payments are made, the Property s
LID assessment will be current, the assessment will rev rPt to its prior instalment
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SETTLEMENT AGREEMENT initials t.ioitials
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plan, the pending foreclosure action against the Property will be dismissed, and the
Lis Pendens will be released:
Payment Date, by 4:00 o.m. Payment Amount
✓ November 21, 2015 $300
✓ December 21, 2015 $300
✓ January 21, 2016 $300
✓ February 21, 2016 $300
✓ March 21, 2016 $346.17
TOTAL PAYMENTS $1,546.17
PAYMENT LOCATION: City of Kent Finance Dept.
Customer Services Division
400 West Gowe, Suite 122
Kent, WA 98032
2.4 Reversion to Installment Payments. Upon payment in accordance with
Section 2.3 above, the Property's LID assessment will revert to installments and
future installment payments on the LID assessment shall be paid by SINGH/KAUR,
or SINGH/KAUR's heirs, successors, and assigns, to the CITY OF KENT on the same
basis or schedule as if no prior default had occurred. After all of the payments
referenced in Section 2.3 are made, the next regular installment payment of
principal and interest will be due on or before December 16, 2016. Installment
payments will continue annually thereafter through December 16, 2027.
2.5 Dismissal of Foreclosure After Payments Received. After SINGH/KAUR
has made all payments in accordance with Section 2.3, the City of Kent will dismiss
the Property from the foreclosure action currently pending in King County Superior
Court under Cause No. 15-2-27221-7 KNT. Until that time, however, the
foreclosure action will remain active as to the Property.
2.6 City 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 LID 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 of this
Agreement.
2.7 Joint Effort. Preparation of this Agreement has been a joint effort of
the PARTIES, and this Agreement shall not be construed more severely against any
one of the PARTIES than against any other.
SETTLEMENT AGREEMENT jiwt�ia—is Initials
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STATE OF WASHINGTON )
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COUNTY OF� �.�I 'I W )
I certify that I know or have satisfactory evidence that Tajinder Singh is the person
who appeared before me, and said person acknowledged that he signed this instrument and
acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the
instrument.
Dated:
-Notary Seal Must Appear Within This Box-
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„ E, A NOTARY PUBLIC, in and for the State of Washington,
residing at C,I,
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STATE OF WASHINGTON )
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I certify that I know or have satisfactory evidence that Gurpreet Kaur is the person
who appeared before me, and said person acknowledged that she signed this instrument and
acknowledged it to be her free and voluntary act for the uses and purposes mentioned in the
instrument.
Dated:
-Notary Seal Must Appear Within This Box-
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SETTLEMENT AGREEMENT initials ""initials
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2.8 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.
2.9 Free and VoluntarVAgreement, SINGH/KAUR acknowledge that they
have had an opportunity to consult with legal counsel of their own choosing in this
matter. SINGH/KAUR further acknowledge that they have been given a reasonable
period of time to consider this Agreement and consult with others as they wish, and
they enter into this Agreement voluntarily and understanding of its terms and
effects. SINGH/KAUR specifically affirm that they have not entered this Agreement
under duress.
2.10 Negotiated Agreement. This Agreement: (a) represents the entire
understanding of the PARTIES with respect to the subject matter covered; (b)
supersedes all prior and contemporaneous oral understandings with respect to such
subject matter; and (c) may only be amended in a writing signed by each of the
PARTIES.
2.11 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.
2.12 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 SINGH/KAUR (signatures to be notarized)
ATOO
BRUBAKER Date c -TA-}INDtR SINGH Date
City Attorney
GURPREE� Date
(notary blocks appear on following page)
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SETTLEMENT AGREEMENT ` als initials
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