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Home My WebLink AboutCAG2019-482 - Original - LID No. 363 Promvongsa Settlement Agreement Agreement Routing Form 111_17KEN T For Approvals,Signatures and Records Management WASHINGTON This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Originator. Tammy White Department: Law Date Sent. 12/4/2019 Date Required: 0 Authorized ❑� Director or Designee Date of a, to Sign: Council N/A aMayor Approval: Budget Grant? ❑ Yes ❑ No Account Number: Type: N/A Name: 1V0UA-r-J,5,4VY /0ROMV0A1brS4 Category: Other = Vendor Sub-Cate o o Number: N/A 9 ►Y Other EProject LID No. 363 Promvongsa Settlement Agreement a. Name: 0 c Project Settlement agmnt to avoid foreclosure due to delinquent LID payment. �. Details: c Agreement Basis for 0 $3,197.16 Selection of y Amount: L Contractor: v+ a Start Date: 12/2/2019 Termination Date: Notice required prior to Yes No Contract Number: CA&oz p/g— -�(a disclosure? Date Received by City Attorney: Comments: a c 3 0 to 41 L M R pM Date Routed to the Mayor's Office: in air Date Routed to the City Clerk's Office: Date Sent to Originator. Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19 SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ("Agreement") is entered into between NOUANSAVY PROMVONGSA, a single person ("MS. PROMVONGSA"), and the CITY OF KENT, a Washington municipal corporation ("CITY"). The CITY and MS. PROMVONGSA are collectively referred to herein as the "PARTIES". I. RECITALS 1.1 MS. PROMVONGSA is the current titled owner of real property located in Local Improvement District Number 363 ("LID No. 363"), commonly known as 23915 113th PL SE, Kent, Washington, and legally described as follows: LOT 2, CITY OF KENT SHORT PLAT NO SP-92-3 (TERESA LANE), RECORDED UNDER RECORDING NO. 9301271381, RECORDS OF KING COUNTY, WASHINGTON. King County Tax Parcel No. 172205-9312. ("the Property"). 1.2 Through LID No. 363, Assessment No. 259 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 MS. PROMVONGSA is delinquent in payment toward her Property's LID assessment, including the annual installment, interest, penalties, and foreclosure costs, for the installments due on December 16th for the following years: 2017 and 2018, and foreclosure proceedings have been commenced in King County Superior Court under Cause No. 19-2-30345-0 KNT. In addition, the Property's regular annual installment payment is due on or before December 16, 2019, and if the account is not brought current and that installment timely paid, a penalty will also be assessed against that installment. 1.4 While MS. PROMVONGSA is unable to pay the total amount now due to remove the Property from foreclosure, MS. PROMVONGSA has requested a payment plan 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. To remove the Property from foreclosure, the total payment required is $3,197.16, which includes the amount of the regular annual installment payment due on or before December 16, 2019; the penalty that will be assessed against that installment because payment will not have been made on or SETTLEMENT AGREEMENT initials Page 1 of 4 before that date; all past due installments, interest, and penalties; and all foreclosure costs incurred to date. 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 MS. PROMVONGSA 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. MS. PROMVONGSA agrees that the delinquency owed on her Property's LID assessment—LID No. 363, Assessment No. 259— through the December 16, 2019, installment payment is $3,197.16, which includes the following: ✓ 12/16/2017 installment, plus interest and penalties $247.02 ✓ 12/16/2018 installment, plus interest and penalties $247.03 ✓ 12/16/2019 installment, plus interest and penalties $247.03 ✓ Title report - 2019 foreclosure proceeding $660.60 ✓ Foreclosure costs, including filing fee, $1,689.98 recording fee, service fee, legal costs ✓ Release of lis pendens, to be recorded after LID $ 105.50 assessment is paid current and foreclosure dismissed TOTAL DELINQUENCY $3,197.16 2.3 Payment of Delinquency. MS. PROMVONGSA agrees to make the following payments, in the stated amounts, and on the stated day no later than 4:00 p.m. MS. PROMVONGSA agrees to strictly comply with this payment schedule. If any 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 revert to its prior installment plan, the pending foreclosure action against the Property will be dismissed, and the Lis Pendens will be released: Payment Date, by 4:00 p.m. Payment Amount ✓ December 2, 2019 $800.16 ✓ January 2, 2020 $799.00 ✓ February 3, 2020 $799.00 d SETTLEMENT AGREEMENT initials Page 2 of 4 ✓ March 3, 2020 $799.00 TOTAL PAYMENTS $3,197.16 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 MS. PROMVONGSA, or MS. PROMVONGSA'S heirs, successors, and assigns, to the CITY 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, 2020. Installment payments will continue annually thereafter through December 16, 2027. 2.5 Dismissal of Foreclosure After Payments Received. After MS. PROMVONGSA has made all payments in accordance with Section 2.3, the CITY will dismiss the Property from the foreclosure action currently pending in King County Superior Court under Cause No. 19-2-30345-0 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 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. 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 Voluntary Agreement. MS. PROMVONGSA acknowledges that she has had an opportunity to consult with legal counsel of her own choosing in this matter. MS. PROMVONGSA further acknowledges that she has been given a reasonable period of time to consider this Agreement and consult with others as she wishes, and she enters into this Agreement voluntarily and understanding of its terms and effects. MS. PROMVONGSA specifically affirms that she has 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 kr1 � SETTLEMENT AGREEMENT initials Page 3 of 4 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 MS. PROMVONGGA (signature to be notarized) -A)()(A tept MITE Date NOUANSA PROMVONGSA Date y Attorney WASHINGTON ) ss. COUNTY OF V!:�N n ) I certify that I now or have satisfactory evidence that NOUANSAVY PROMVONGSA 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: lC( -Notary Seal Must Appear Within This Box- IN WakkV%WHEREOF, I have hereunto set my hand and official seal the day and year firs VIyv ,/ sv� 0TA&i. "'ys; (signature) s w S 2 NOTARY PUBLJC, in.and for e State of Washington, Nj,,y �61 = p _ residing at �-V �a,,3`�09 �1" OF WASN�".S My appointment expires 20 2G �v v SETTLEMENT AGREEMENT initials Page4of4