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Correspondence Branden Taggart Z`Cecf'\ From: #Building Permit Technicians Sent: Wednesday, May 25, 2022 6:41 PM To: 'Sewer-Septic' Cc: Jill Bentley; Erick Gonzalez; Cory Tipton; Karen Abdill Subject: RE: SWR Permit Application - 12790 SW Watkins Ave Attachments: Sewer Permit.pdf Hi Chien, We apologize for the delayed response. I have been in contact with our Finance Department, and I received the notarized Settlement Agreement and Release form today from them so that we could waive the Sewer permit fees. The sewer permit is attached above. Also, I have removed the hold on the Plumbing permit to allow inspections. A Plumbing Final inspection may now be scheduled online through our website http://inspections.tigard- or.Bov/WebOnlinelnspections to close the permit. Lastly, I will be contacting the homeowner, Loren Schmidt, so that a refund can be processed for the Plumbing permit fees. If you have additional questions, please let me know` Thank you, LL"lrf 44. VO:Ler rsa!1 for 1c1-c . Sc%C* -i- Branden Taggart t N City o Tigard eicPLuVvr ai1 � ar ef 4 �"61 K("/r NT 4k" Senior Prmit Technician f11q e.4ve.-..,o( rW3—Community Development 13125 SW Hail Blvd Plb'�"9 �� ems, Tigard,OR 97223 (503)718-2449 brandent@tigard-or.gov s/n/42. From:Sewer-Septic<sewer-septic@alphaenvironmental.net> Sent: Wednesday,April 27, 2022 3:59 PM To:#Building Permit Technicians<TigardBuildingPermits@tigard-or.gov> Cc:Jill Bentley<JILLB@tigard-or.gov>; Erick Gonzalez<erick@alphaenvironmental.net>; Cory Tipton <ctipton@alphaenvironmental.net> Subject: Re: SWR Permit Application - 12790 SW Watkins Ave Caution!This message was sent from outside your organization. Branden, Thank you for the update. We appreciate your collaborative effort in working out the details and look forward to completing the project for Mr. Schmidt soon. Chien Crisp 1 Administrative Assistant Sewer and Septic Department Alpha Environmental Services, Inc. 11080 SW Allen Blvd,Ste. 100 Beaverton, OR 97005 Pertvirconmentid Phone: (503) 292-5346 -extension 320 Fax: (503) 627-0942 sewer-septic@alphaenvironmental.net www.alphaenvironmental.net Phase I & II ESAs—Env. Consulting and Remediation—Mold—Radon—Tanks—Sewer—Septic—Drain Cleaning— Hazmat —Asbestos—Lead-Based Paint—Stormwater—Drywells—Indoor Air Quality—Water Sampling—AND MORE From:#Building Permit Technicians<TigardBuildingPermits@tigard-or.gov> Sent:Wednesday, April 27, 2022 3:41 PM To: Sewer-Septic<sewer-septic@alphaenvironmental.net> Cc:Jill Bentley<JILLB@tigard-or.gov> Subject: RE: SWR Permit Application- 12790 SW Watkins Ave Hello Chien, Our Finance Department has communicated with me that they will be paying the sewer connection fees for 12790 SW Watkins Avenue. However,the Building Department has not received the information needed to process payment yet. I spoke with our Finance Department yesterday, and they are currently working on this. We will let you know when the sewer connection fees have been paid so that work can resume. Thank you, Branden Taggart City of of T Tigard r Senior Permit Technician Community Development 13125 SW Hall Blvd Tigard, OR 97223 (503)718-2449 b rendent©tigard-or;gov From:Sewer-Septic<sewer-septic@alphaenvironmental.net> Sent: Monday,April 25, 2022 12:25 PM To:#Building Permit Technicians<TigardBuildingPermits@tigard-or.gov> 2 Cc: Erick Gonzalez<erick@alphaenvironmental.net>; Cory Tipton <ctipton@alphaenvironmental.net> Subject: Re: SWR Permit Application- 12790 SW Watkins Ave Hello. I was following up on this permit application and wondering if you needed anything further from us. Please let us know what the next step is. Thank you. Chien Crisp Administrative Assistant Sewer and Septic Department Alpha Environmental Services, Inc. 11080 SW Allen Blvd, Ste. 100 Beaverton, OR 97005 Penvironmentat Phone: (503) 292-5346 -extension 320 Fax: (503) 627-0942 sewer-septic@alphaenvironmental.net www.alphaenvironmental.net Phase I & II ESAs— Env. Consulting and Remediation—Mold—Radon—Tanks—Sewer—Septic—Drain Cleaning— Hazmat —Asbestos—Lead-Based Paint—Stormwater—Drywells—Indoor Air Quality—Water Sampling—AND MORE From:Sewer-Septic Sent:Wednesday,April 20, 2022 3:33 PM To:tigardbuildingpermits@tigard-or.gov<tigardbuildingpermits@tigard-or.gov> Cc: Erick Gonzalez <erick@alphaenvironmental.net>; Cory Tipton <ctipton@alphaenvironmental.net> Subject:SWR Permit Application- 12790 SW Watkins Ave Good afternoon. Please review the application attached and let us know if additional information is required. Please note that we have been in contact with Jill Bentley (503-718-2607) who informed us that this permit would be paid by the Billing Department of the City of Tigard as a part of a grant to the homeowner. Thank you. 3 Chien Crisp Administrative Assistant Sewer and Septic Department Alpha Environmental Services, Inc. 11080 SW Allen Blvd, Ste. 100 Beaverton, OR 97005 ' -- a 1 1 environmental Phone: (503) 292-5346-extension 320 Fax: (503) 627-0942 sewer-septic@alphaenvironmental.net www.alphaenvironmental.net Phase I & II ESAs—Env. Consulting and Remediation— Mold — Radon—Tanks—Sewer—Septic—Drain Cleaning— Hazmat —Asbestos—Lead-Based Paint—Stormwater—Drywells—IndoorAirQuality—Water Sampling—AND MORE DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule ' 4 Branden Taggart From: Branden Taggart Sent: Wednesday, May 25, 2022 6:14 PM To: Cindy Trimp Subject: RE: Sewer Settlement - 12790 SW Watkins Ave. Cindy, I thought I'd let you know that I have decided to credit the sewer fees and issue the permit so that the sewer connection work can be completed. I imagine we can figure out our internal process afterwards. I'll follow up with the contractor. Thank you, Branden Taggart IIEt City of Tigard ■ :, Senior Permit Technician ,°'r. Community Development 13125 SW Hall Blvd Tigard, OR 97223 (503}718-2449 braand ent@tigard-o r,gav From: Branden Taggart Sent:Wednesday, May 25, 2022 3:55 PM To: Cindy Trimp<cindy.trimp@tigard-or.gov> Subject: FW: Sewer Settlement- 12790 SW Watkins Ave. Hi Cindy, Should I proceed with waiving the sewer fees now-- prior to the internal Journal entry? The reason I ask is because for sewer loans,journal entries would be completed before Sewer permits were created, and the attached form was routed to the Building Division. I know this is a unique situation, so the attached form may not be necessary. However, I thought I would clarify. Thank you, Branden Taggart a City of Tigard w . Senior Permit Technician Community Development 13125 SW hall Blvd Tigard,OR 97223 (503)718-2449 brandent@tigard-or.gav 1 From: Branden Taggart Sent:Tuesday, May 24, 2022 6:34 PM To:Joseph Barrett<Joseph@tigard-or.gov>; Cindy Trimp<cindy.trimp@tigard-or.gov>; Brian Rager<BRIANR@tigard- or.gov> Cc: Marcos Campos<marcos.campos@tigard-or.gov>; Karen Abdill <karen.abdill@tigard-or.gov>;Jill Bentley <JILLB@tigard-or.gov>; Shelby Rihala <shelbyr@tigard-or.gov>; Mark VanDomelen <markv@tigard-or.gov> Subject: RE:Sewer Settlement- 12790 SW Watkins Ave. All, The plumbing contractor created the Plumbing permit online without paying sewer fees, and so I placed a hold on the Plumbing permit to prevent additional inspections and to receive payment. The Plumbing permit fees were paid by the contractor, so I am assuming we should proceed with a refund? Since we are waiving the Sewer permit fees, I can credit them in the case and issue the permit after receiving the "settlement type agreement." I will then remove the hold on the Plumbing permit so the contractor can resume work. I have been in contact with the contractor, so I will make sure to follow up with them. Also, Cindy mentioned a journal entry. Will that be a part of this process like a Reimbursement District payment? I have attached the form above if needed. Also, it sounds as if the property owner has returned the settlement agreement to Finance. If Finance would like to forward the agreement to me,the owner does not need to make another trip to the City. I can assist them with online payment instructions and customer service from here on out. Thank you, Branden Taggart 14 s City of Tigard 1 Senior Permit Technician Community Development 13125 SW Hali.Blvd Tigard, OP. 97223 (503)718-2449 brandent@ttgard-or.gov From:Joseph Barrett<Joseph@tigard-or.gov> Sent:Tuesday, May 24, 2022 12:23 PM To: Cindy Trimp<cindy.trimp@tigard-or.gov>; Brian Rager<BRIANR@tigard-or.gov> Cc: Branden Taggart<brandent@tigard-or.gov>; Marcos Campos<marcos.campos@tigard-or.gov> Subject: RE: Sewer Settlement I wouldn't thank me yet... I'm just trying to help with ideas. 0 From: Cindy Trimp<cindy.trimp@tigard-or.gov> Sent:Tuesday, May 24, 2022 12:11 PM To:Joseph Barrett<Joseph@tigard-or.gov>; Brian Rager<BRIANR@tigard-or.gov> Cc: Branden Taggart<brandent@tigard-or.gov>; Marcos Campos<marcos.campos@tigard-or.gov> Subject: RE: Sewer Settlement Okay,we will advise the owner/contractor to contact community development to apply for the permit and to make sure they have the settlement agreement in hand. 2 We will loop in CD now too. Thank you Joe Q Cindy From:Joseph Barrett<Joseph(a tgard-or.gov> Sent:Tuesday, May 24, 2022 12:07 PM To: Cindy Trimp <cindy.trimp@tigard-or.gov>; Brian Rager<BRIANR@tgard-or.gov> Cc: Branden Taggart<brandent@tigard-or.gov>; Marcos Campos<marcos.campos@tgard-or.gov> Subject: RE: Sewer Settlement After I sent it I talked with Joe W. and he does see a lead line to the property. Under that discussion, Engineering wouldn't have to be involved with a PFI for any review. My best step then would be the home owner/contractor would apply for a permit with CD with the settlement agreement(does the connection fee happen at this point too?)and then hire the plumber to start the work. I'm not sure where the record of connection lives... still working on that one. From: Cindy Trimp<cindy.trimp@tigard-or.gov> Sent:Tuesday, May 24, 2022 12:04 PM To:Joseph Barrett<Joseph@tigard-or.gov>; Brian Rager<BRIANRCa tgard-or.gov> Cc: Branden Taggart<brandent@tigard-or.gov>; Marcos Campos<marcos.campos@tigard-or.gov> Subject: RE: Sewer Settlement I have no idea. Is that information available in Tigard Maps? From:Joseph Barrett<Joseph(a tgard-or.gov> Sent:Tuesday, May 24, 2022 11:56 AM To: Cindy Trimp<cindy.trimp@tgard-or.gov>; Brian Rager<BRIANR@tgard-or.gov> Cc: Branden Taggart<brandent@tgard-or.gov>; Marcos Campos<marcos.campos@tgard-or.gov> Subject: RE: Sewer Settlement Hi Cindy,does the property require any work in the ROW—is their a lead line to the property or do they have to run a line to the main? That would direct us to Engineering or not... thanks! From:Cindy Trimp<cindy.trimp@tigard-or.gov> Sent:Tuesday, May 24, 2022 11:47 AM To: Brian Rager<BRIANR@tigard-or.gov>;Joseph Barrett<Joseph@tigard-or.gov> Cc: Branden Taggart<brandent(a tgard-or.gov>; Marcos Campos <marcos.campos@tigard-or.gov> Subject: RE:Sewer Settlement Hi All, Just to clarify where we are and what we need. Finance/UB has been working with Legal and Steve to determine the best solution for this situation. (see below in email history) It was determined that we would go ahead and waive the city cost/fees to connect to sewer--- Plumbing Permit Fee $81.20 Sewer Connection Fee $6,085.00 Inspection Fee $35.00 for a total of$6,201.20. (Jill in UB received this amount from Branden Taggart)This is the address we talked about last week Brian and verified they were not on sewer. In order to waive the connection fees, Shelby requested that we have him sign a "settlement type agreement" (which we have done so in the past) and have the property owner notarize and sign.The property owner has returned the signed and notarized the settlement agreement to finance. 3 Since this has all been done, we are now focused on the customer service perspective and notifying the home owner his next steps: • Should he (contractor) call you and set up a time to connect? • Should he (contractor) come in and bring the signed settlement agreement and apply for connection? o Will PW have this on record in case he forgets to bring in the agreement? • Does PW reach out to the owner in situations like this to connect? • Should be talking to community development? Sorry... we are all new here to this process, are just not sure of the protocol on how to advise the next steps to the homeowner. The very last step will be and internal process of accounting completing a journal entry. Hope that clarifies things a bit. Please let me know if you have any questions. Cindy Email history--- From: Cindy Trimp<cindy.trimp@tigard-or.gov> Sent: Monday, May 9, 2022 4:16 PM To: Shelby Rihala<shelbyr@tigard-or.gov> Cc: Angela Whitney<whitney@tigard-or.gov>;Amy Lawson<AmyL@tigard-or.gov> Subject: RE: 12790 SW Watkins Ave-Sewer Charges/ Reimbursement Hi Shelby, What do you suggest we pay?See below.... Payment Agreements. When the finance director or designee determines that a billing error has occurred, the director or designee may authorize an adjustment of the customer's utility account for the period of the error, not to exceed two years from the date the error is identified.Adjustments will be in the form of credits or additional charges to active utility accounts. Errors in billing or collection shall be corrected in a timely manner by the city. Resulting credits on accounts or refunds shall be made as expeditiously as possible. ..." The reimbursement for two years is$1,240.95.The owner has stated to me that he will hire an attorney to get full reimbursement since it is our mistake in billing. I did advise that he has appeal options. What the owner really wants is the city to pay for him to be connected to the sewer since he has been paying for the service all along.This would be in lieu of a physical financial reimbursement. I spoke with Branden Taggart in the Building Division.The city cost/fees to connect to sewer is a total of$6,201.20: Plumbing Permit Fee $81.20 Sewer Connection Fee$6,085.00 Inspection Fee $35.00 From:Shelby Rihala <shelbyr@tigard-or.gov> Sent: Monday, May 9, 2022 12:23 PM To: Cindy Trimp<cindv.trimp@tigard-or.gov> Cc: Angela Whitney<whitnev@tigard-or.gov>;Amy Lawson<AmyL@tigard-or.gov> Subject: RE: 12790 SW Watkins Ave-Sewer Charges/ Reimbursement Hi Cindy, 4 I'm ok with the City paying for the sewer line, but it needs to be structured as a settlement. I've attached the last one we did as a starting point. Thanks, Shelby From: Cindy Trimp<cindy.trimp@tigard-or.gov> Sent:Wednesday, April 27, 2022 10:16 AM To:Shelby Rihala <shelbvr@tigard-or.gov> Cc:Angela Whitney<whitnev@tigard-or.gov>;Amy Lawson<AmyL@tigard-or.gov> Subject: RE: 12790 SW Watkins Ave-Sewer Charges/ Reimbursement Hi Shelby, I received this request from UB concerning a refund. (see history below) I am wondering if we should go ahead and pay for the sewer line to be installed or pay the two year of refund? This is not a decision I am wanting to make without legal weighing in. I don't want to just cut them a check without some type of letter etc...guidance from you. Thank you! Cindy From:Jill Bentley<JILLB@tigard-or.gov> Sent:Wednesday, April 27, 2022 8:29 AM To: Cindy Trimp<cindv.trimp@tigard-or.gov> Cc:Angela Whitney<whitnev@tigard-or.gov> Subject: FW: 12790 SW Watkins Ave -Sewer Charges/ Reimbursement Cindy, Please see the emails below. Basically,what I need is to know the sewer account string to pull the funds from and the building account string to transfer the funds to so I can ask Whitney to process a journal entry. Thanks for your prompt attention to this matter. Kind Regards, Jill (she/her/hers) l4 A WORLD,, Jill 6NEaEloULANN/Io i 411 City of Tigar -Mgt Billing Senior (888?826-7211 Payments (503)718-2460 UB Main 4: jrllb©ttgard-or.gov (503)718-2494 13125 SW Hall Blvd, Tigard,OR 97223 From: Jared Isaksen<jaredi@tigard-or.gov> Sent: Wednesday, March 2, 2022 11:09 AM 5 To:Jill Bentley<JILLB@tigard-or.gov> Cc: Doreen Wright<doreen.wright@tigard-or.gov> Subject: RE: 12790 SW Watkins Ave - Sewer Charges/ Reimbursement Since city code does not allow us to go beyond the two years from the date the is discovered I will authorize a one-time of 2 0.00. Let me know if you need anything else. credit to be issued in the amount $6 5Y g Thank you, Jared Isaksen, CPA Assistant Finance Director City of Tigard From:Jill Bentley<JILLBPtigard-or.gov> Sent: Wednesday, March 2, 2022 10:49 AM To:Jared Isaksen<iaredi a@tigard-or.gov> Cc: Doreen Wright<doreen.wright@tigard-or.gov> Subject: 12790 SW Watkins Ave-Sewer Charges/Reimbursement Jared, Per our discussion this morning,the customer at the above-mentioned address found out last week that the property is not on sewer though the city has been charging sewer rates since at least 1997. He found this out by the septic tank failing which is also now causing his front yard to fill with sewage. We have confirmed with our Public Works department that even though the property was designated active to sewer in their system,the address was not connected. The current owner Loren Schmidt, would like to get a reimbursement for all the misbilled charges back to at least March of 2005 when he took ownership from his grandmother who previously owned the property, which totals to the amount of$6,902.75. Our Tigard Municipal Code 12.03.040 partially states, "12.03.040 Utility Charge Adjustments and Payment Agreements. When the finance director or designee determines that a billing error has occurred, the director or designee may authorize an adjustment of the customer's utility account for the period of the error, not to exceed two years from the date the error is identified.Adjustments will be in the form of credits or additional charges to active utility accounts. Errors in billing or collection shall be corrected in a timely manner by the city. Resulting credits on accounts or refunds shall be made as expeditiously as possible. ..." The reimbursement for two years is$1,240.95.The owner has stated to me that he will hire an attorney to get full reimbursement since it is our mistake in billing. I did advise that he has appeal options. What the owner really wants is the city to pay for him to be connected to the sewer since he has been paying for the service all along.This would be in lieu of a physical financial reimbursement. I spoke with Branden Taggart in the Building Division.The city cost/fees to connect to sewer is a total of$6,201.20: Plumbing Permit Fee $81.20 Sewer Connection Fee $6,085.00 Inspection Fee $35.00 6 • With your approval, I will work with the Accounting Division to transfer funds, work with the Building Division to process any permits, and will notify the owner of such. Please let me know of your decision. Kind Regards, Jill Emails from yesterday 05/23/22 between all of us From: Brian Rager<BRIANR@tigard-or.gov> Sent:Tuesday, May 24, 2022 10:43 AM To:Joseph Barrett<Joseph@tigard-or.gov>; Marcos Campos<marcos.campos@tigard-or.gov> Cc: Cindy Trimp<cindv.trimp@tigard-or.gov> Subject: RE:Sewer Settlement Good morning. This is the situation where the customer has been billed for sewer service for a time and they are not physically connected. So if I'm reading Marco's email correctly,the City is proposing to waive all fees to connect to the sewer in exchange for issuing some kind of refund. Is that correct? If so, I would suggest that a letter go out to the owner with that spelled out. Internally, however, I would suggest that somehow a JE get done to cover the plumbing permit fee (as they will be connecting to an existing sewer lateral that has been extended to their property). That move will also need to be spelled out so that CD/Building understands what's going on. 111 TIGARD Brian Ragerl Public Works Director City of Tigard I Public Works Direct: 503.718.2471 Email: brianr@tigard-or.gov 13125 SW Hall Boulevard, Tigard, OR 97223 I www.tigard-or.gov From:Joseph Barrett<Joseph(a)tigard-or.gov> Sent:Tuesday, May 24, 2022 6:46 AM To: Marcos Campos<marcos.campos@tigard-or.gov>; Brian Rager<BRIANR a@tigard-or.gov> Cc:Cindy Trimp<cindv.trimp@tigard-or.gov> Subject: Re: Sewer Settlement Hi Marcos, that does sound a bit confusing, sorry about that. I'm not sure what help or direction guidance I can provide as I'd assume we'd typically look to Accounting most likely to help one once like this. The way this reads thought I'm a bit confused... and I'm sure that just a reflection of how little I know about these Sewer settlements. If we are waiving all fees for permits (installation,inspection, and connection), what is the customer needing to claim- can't we just give him a letter showing we've waived them? Aren't we just waiving the fees,JE'ing the credit to the GL,and done? Again, this likely just shows how little I'm understanding the sewer settlement process... Joseph Barrett Sr. Management Analyst City of Tigard, Finance and Information Services 7 (503) 718-2477-Direct (503) 684-7297- Fax josephna,tigard-or.gov From: Marcos Campos<marcos.campos@tigard-or.gov> Sent: Monday, May 23, 2022 5:32 PM To:Joseph Barrett<Joseph@tigard-or.gov>; Brian Rager<BRIANR@tigard-or.gov> Cc: Cindy Trimp<cindy.trimp@tigard-or.gov> Subject: FW:Sewer Settlement Hello Joe and Brian, I am trying to finalized this sewer Agreement/Settlement hopefully you can help or point me in the right direction to get this completed.The attached email has the email sting to give the whole story about the sewer issue at 12790 SW Watkins. In a nutshell, the customer has agreed to accept a waiver on fees for the permits to install, inspect and connect to the city's sewer.The city will make a journal entry for the customer to connect sewer and not issue a physical check. How does the customer claim the waived fees if he is not physically getting a check? Thank you -Marcos From: Marcos Campos Sent: Monday, May 23, 2022 2:43 PM To: Cindy Trimp<cindv.trimp@tigard-or.gov> Cc:Toni Riccardi<tonir@tigard-or.gov> Subject: Sewer Settlement Hi Cindy, The sewer settlement for 12790 SW Watkins Ave was notarized by the customer and received via mail to me. I forwarded the document,via DocuSign, to Steve for signature. Steve signed the document. What are the next steps to complete this settlement.Thank you. Marcos Campos Contacts and Purchasing Manager City of Tigard Direct: 503.718.2415 13125 SW Hall Boulevard,Tigard,OR 97223 marcos.campos@tigard-or.gov DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." 8 DocuSign Envelope ID:00312E06-157D-47A4-B582-84BFDF42323A SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release is entered into as of May I , 2022 by and between Loren Schmidt("Schmidt") and the City of Tigard (the "City"),collectively referred to as the "Parties." BACKGROUND WHEREAS,the City of Tigard has charged the residential property address located at 12790 SW Watkins Ave in Tigard, Oregon 97223 (the "Property") for sewer services dating back to at least March 2005. WHEREAS,Schmidt has owned the Property since March 2005. WHEREAS, despite being charged for services, the. Property is not connected to City sewer services,nor has it ever been. WHEREAS, this error was discovered by Schmidt when the septic tank started failing, causing his front yard to flood. Schmidt is now seeking to connect to City sewer services and has made a demand to the City that the City pay for such connect. NOW,THEREFORE, for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,and intending to be legally bound hereby,Schmidt and City hereby agree as follows: AGREEMENT 1. Settlement by City. The City agrees to waive the sewer connection fees for Schmidt in the total sum of Six Thousand Two Hundred One Dollars and Twenty Cents, $6,201.20 (the "Settlement") as provided herein. The Settlement is comprised of a one-time Sewer connection fee of $6,085.00, a one-time plumbing permit fee of $81.20, and a one-time inspection fee of$35.00.The Settlement will be arlministratively managed internally by the City within the City's financial system no later than two (2) business days after Schmidt delivers an executed copy of this Agreement to City. Schmidt is solely responsible for, and is legally bound to make payment of, any taxes determined to be due and owing(including penalties and interest related thereto) by it to any federal,state,local,or regional taxing authority as a result of the Settlement. Schmidt understands that City has not made, and it does not rely upon, any representations regarding the tax treatment. 2. Mutual Release. The Parties, on behalf of themselves, their predecessors, successors, affiliates and assigns,representatives,insurers, successors in interest, and all persons acting by, through,under,or in concert with them, and each of them,hereby release and discharge the other Party, together with their predecessors, successors, affiliates and assigns, representatives,insurers, successors in interest, and all persons acting by, through, under or in concert with them,and each of them, from all known and unknown charges, complaints, claims, grievances, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, penalties, fees, wages, medical costs, pain and suffering, mental anguish, emotional distress, expenses (including attorneys' fees and costs actually incurred),and punitive damages, of any nature whatsoever, DocuSign Envelope ID:00312E06-157D-47A4-B5B2-84BFDF42323A known or unknown, which either Party has, or may have had, against the other Party, whether or not apparent or yet to be discovered, or which may hereafter develop, for any acts or omissions related to or arising from any claim for relief that could have been alleged, no matter how characterized; related to City utility billing of the Property or charges incurred by Schmidt, including, without limitation, compensatory damages, damages for breach of contract, bad faith damages, reliance damages, liquidated damages, punitive damages,or costs and attorney's fees. 3. Acknowledgment of Settlement. The Parties, as broadly described in Paragraph 2 above, acknowledge that (i) the consideration set forth in this Agreement, which includes, but is not limited to, the Settlement Payment, is in full settlement of all claims or losses of whatsoever kind or character that they have, or may ever have had, against the other Party, as broadly described in Paragraph 2 above,including by reason of overbilling and errors on Schmidt's City utility account(ii)by signing this Agreement,and accepting the consideration provided herein and the benefits of it, they are giving up forever any right to seek further monetary or other relief from the other Party, as broadly described in Paragraph 2 above, for any acts or omissions up to and including the Effective Date, including, without limitation, overbilling and errors on Schmidt's City utility account. 4. No Admission of Liability. The Parties acknowledge that the Settlement Payment was agreed upon as a compromise and final settlement and that payment of the Settlement Payment is not,and may not be construed as, an admission of liability by the City and is not to be construed as an admission that the City engaged in any wrongful, tortious or unlawful activity. 5. Agreement is Legally Binding. The Parties intend this Agreement to be legally binding upon and shall inure to the benefit of each of them and their respective successors, assigns, executors, administrators, heirs and estates. Moreover, the persons and entities referred to in Paragraph 2 above, but not a Party, arc third-party beneficiaries of this Agreement. 6. Entire Agreement. The recitals set forth at the beginning of this Agreement are incorporated by reference and made a part of this Agreement. This Agreement constitutes the entire agreement and understanding of the Parties and supersedes all prior negotiations or agreements, proposed or otherwise, written or oral, concerning the subject matter hereof. Furthermore, no modification of this Agreement shall be binding unless in writing and signed by each of the parties hereto. 7, Severability. Should any provision of this Agreement be declared or be determined by any court to be illegal or invalid,the validity of the remaining parts,terms or provisions shall not be affected thereby and said illegal or invalid part,term or provision shall be deemed not to be a part of this Agreement. 8. Access to Counsel 'Schmidt understands and acknowledges that there is no requirement to enter into this Agreement, but Schmidt knowingly, intelligently, and voluntarily chooses to do so. Schmidt acknowledges that he had an opportunity to review this document with legal counsel of his choosing and chose not to do so. DocuSign Envelope ID.00312E06-1570-47A4-B582-848FDF42323A 9. Counterparts. This Agreement may be executed by the Parties in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 10. ublic e . The Parties expressly understand and agree that this Agreement and its contents (including, but not limited to, the fact of payment and the amounts to be paid hereunder) are public records subject to Oregon's public records law. IN WITNESS WHEREOF, and intending to be legally bound, each of the Parties hereto has caused this Agreement to be executed as of the date(s) set forth below. SCHMIDT r a f F Loren Schmidt Date CITY of TIGARD DocuSigned by: PoriUe J� 11,G1C14•Dr _ Steve Rymer, City of Tigard Date OFFICIAL STAMP I 4114* raise REBECCA ANN FERGUSON 7, , NOTARY PUBLIC OREGON COMMISSION Na.73^O70 MY COMMISSION EXPIRES DECEMBER i i�