Loading...
Mohammad & Alicia Bashir - 13534 SW Liden Drive SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release is entered into as of February 14, 2018 by and between Mohammad S. Bashir and Alicia Bashir ("Bashir") and the City of Tigard (the "City"), collectively referred to as the "Parties." BACKGROUND WHEREAS, the City of Tigard provided Utility Services in the form of Water, Sewer, Street Maintenance and Surface Water Management for the residential property address located at 13534 SW Liden Drive in Tigard, Oregon 97223 (the "Property"). 2,00', - WHEREAS, Bashir has owned the Property since April 20QF>f WHEREAS, during this time, the City overcharged the Property for a portion of the utility services. WHEREAS, this error was discovered in December 2017 when the Public Works Department inspected the meter and found that the water meter in place had an incorrect register attached to it. The meter was replaced with the proper meter size, and the water meter was tested to determine the correction factor. This correction factor was used to calculate the differential in billing invoices based on consumption use for both water and sanitary sewer charges. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, Bashir and City hereby agree as follows: AGREEMENT 1. Pavment by City. The City agrees to pay Bashir the total sum of Eighteen Thousand Four Hundred Fifty Dollars and Zero Cents, $18,451.00 (the "Settlement Payment") as provided herein. The Settlement Payment is comprised of consumption charge overpayments of $15,960.00, a one-time utility account credit for $526.19, and $1,964.81 which includes consideration for accrued interest, incurred notification fees, incurred leak detection services, and any and all other indirect costs (the "Inconvenience Payment"). The Settlement Pavment, less the utility account credit, will be paid by check not later than two (2) business days after Bashir delivers an executed copy of this Agreement to City. Bashir is solely rest-)onsible 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 Payment. Bashir understands that City has not made,and it does not rely upon,any representations regarding the tax treatment. I 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, 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 Bashir, including, without limitation, compensatory damages, damages for breach of contract, bad faith damages, reliance damages, liquidated damages, punitive damages, or costs and attorneys 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 Part\, as broadly described in Paragraph 2 above, including by reason of overbilling and errors on Bashir'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 Bashir'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 Cin-engaged in anv wrongful, torus 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,are 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. 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. S. Access to Counsel. Bashir understands and acknowledges that there is no requirement to enter into this Agreement, but Bashir knowingly, intelligently, and voluntarily chooses to do so. Bashir acknowledges that he had an opportunity to review this document with legal counsel of his choosing and chose not to do so. 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. Public Record. 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. BASHIR M m ad S. Bashir Date 2- Alicia Alicia Bashir Date CITY of TIGARD Martha Wine, City of Tigard Date