The URL can be used to link to this page

Home My WebLink About24-110 - Chavez-Lopez - Settlement Agreement24-110 Council Approval N/A SETTLEMENT AGREEMENT This Settlement Agreement ("Agreement") is entered into by Reyna Lorena Chavez - Lopez (DOB: 05/31/1969) ("Chavez -Lopez"), a single unmarried woman, and the City of Tukwila ('City), a Washington municipal corporation (collectively, the "Parties"), This Agreement is effective as of the date on which the last signatory signs below (the "Effective Date"). I. RECITALS A. On November 30, 2020, City police officers responded to a possible overdose at the Courtyard by Marriot, 400 Andover Parkway West, Tukwila, Washington 981888, B. Upon arrival, City police officers discovered Pablo Oseas Cecena-Chavez deceased in a hotel room. Officers searched the room and found clear evidence of drug use, including a small amount of fentanyl powder with a rolled -up dollar bill next to it, jars of marijuana, and fentanyl pills. Next to Pablo Oseas Cecena-Chavez, police officers found a backpack containing One Hundred Thirty-six Thousand Three Hundred Fifty-four and 00/100 U.S. Dollars ($136,354.00) ("Currency") wrapped in shrink-wrap and in air -seated bags. C. City police officers seized the Currency and, using a trained canine unit, determined that the Currency smelled of illegal narcotics, despite being wrapped in shrink wrap. D. On December 9, 2020, City police officers sent a notice of seizure and intended forfeiture to Pablo Oseas Cecena=Chavez's residence, as indicated on, his driver's license, located at 7777 East Golf Links Road, Tucson, Arizona 85730. Said notice indicated that the City had seized the Currency, pursuant to RCW 69.50.505, and informed the recipient of his/her fight to claim ownership or right of possession in the property. E. Subsequently, the City received a letter from Chavez -Lopez, postmarked December 21, 2020. The letter requested "the opportunity to be heard regarding the claim of the property of my son Pablo 0. Cecena Chavez." F. Notwithstanding the merits of Chavez-Lopez's claim of'ownership or right to possession of the Currency, to avoid the time, expense, and uncertainty associated with litigating her claim under RCW 69.50.505(5)-(6), the Parties have agreed to settle and resolve their disputes according to the terms and conditions set forth in this Agreement. 11. TERMS AND CONDITIONS In consideration of the: mutual promises set forth herein and for other good and valuable consideration, the Patties agree to the following terms and conditions. 1. Incorporation of Recitals. The Recitals, set forth above are hereby incorporated into the terms of this Agreement. 2. Withdrawal of Claim of Ownership or Right of Possession. Chavez -Lopez hereby permanently and irrevocably withdraws her claim of lawful ownership and/or lawful right Settlement Agreement page 1 4867-5424-2770, v. I JADT4867-5424-2770;1/13175.000001/) of possession in the Currency, previously asserted under RCW 69.50.505(5), and therefore waives any opportunity to be heard as to any claim or right. 3. Payment. The City shall pay Chavez-Lopez Ten Thousand and 00/100 U.S. Dollars ($10,000) within thirty (30) days of the Effective Date to be paid directly from the Currency. 4. No Admission of Liability. This Agreement does not constitute an admission that Chavez-Lopez is the lawful owner or is lawfully entitled to possession of the Currency. Furthermore, this Agreement does not constitute and may not be construed as an admission of liability, fault, or responsibility on the part of the City relating to Chavez-Lopez's asserted claim of ownership or right to possession thereof. 5. Release. Upon the Effective Date of this Agreement, Chavez-Lopez in her individual and representative capacities hereby fully and totally releases and forever discharges the City, and its respective agents, employees, staff, independent contractors, principals, elected officials, insurers, predecessors, attorneys, and successors, from any and all claims, actions, causes of action, demands, damages of any type (including direct, incidental, special and consequential damages, and bodily injuries), costs, expenses, liabilities, or other losses, including claims for attorney fees and interest, whether known or unknown, matured or unmatured, which accrued as of the Effective Date. This release expressly includes any claim related to the City's seizure of the Currency under RCW 69.50.505. Chavez-Lopez, in providing this release, acknowledges she may not fully know or comprehend all damages suffered, but expressly agrees to assume the risk that past, present and future damages may be greater than currently believed, and that she nevertheless desires to enter into this Agreement. 6. Warranty of Capacity to Release Claims. Chavez-Lopez warrants that she owns, possesses, and/or has the authority to withdraw her claim of ownership or right to possession of the Currency and release all claims and that she has not sold, transferred or assigned (either contractually or by operation of law) any of her rights against the City. 7. Authority to Execute. Each person who signs this Agreement represents and warrants that he or she has the right and authority to execute this Agreement on behalf of the Party for whom he or she signs. The Parties each represent and warrant that no consent of any person or entity who is not a Party to this Agreement is necessary in order forthis Agreement to be fully and completely binding on the Parties and their successors and assigns. 8. Review of Agreement; Interpretation. Each Party acknowledges that it has reviewed this Agreement in its entirety, and that each Party understands the same. Each Party further acknowledges that it has had the opportunity to consult with independent counsel about this Agreement to the extent the Party desires. Further, the Parties have generated this Agreement through equal negotiations, and it should not be interpreted or construed more favorably or unfavorably as to any Party. 9. Entire Agreement; Amendment. This Agreement contains the entire understanding of the Parties and supersedes all prior agreements and understandings among the Settlement Agreement page 2 4867-5424-2770, v. 9 {ADT4867-5424-2770;1/13175.000001/) Parties relating to the subject matter of this Agreement. This Agreement may be modified or amended only by written agreement of all Parties. 10. Severability. The invalidity orunenforceability of any provision in this Agreement shallin no way affect the validity or enforceability of any other provision in this Agreement. If any provision in this Agreement is determined to be invalid or unenforceable, that Provision shall be rescinded or modified to the minimum extent necessary, and the remainder of this Agreement shall not be affected. 11. Effect of Waiver. Failure by any Party to enforce a ten -n or condition of this Agreement does, not constitute a waiver of that terror or condition. A Party may only waive a term or condition of this Agreement in writing. Waiver of a term of the Agreement does not constitute waiver of any other terms or conditions in this Agreement. Waiver of a term of this Agreement with respect to one Party does not constitute waiver of that term with respect to any other Party. 12. No Third -Party Beneficiaries. The Parties do not intend to create any third -party beneficiaries under this Agreement. 13. Governing Law; Jurisdiction; Venue. This Agreement shall be interpreted and enforced according to the laws of the State of Washington, United States, without regard to choice of law rules that might otherwise apply. Any dispute arising from or related to this Agreement must be commenced in a court of competent jurisdiction and located in King County, Washington. 14. Attorneys" Fees and Costs. In any dispute, action, or proceeding between the Parties arising out of or in any way related to this Agreement, the prevailing Party will be entitled to receive its reasonable attorneys' fees together with reasonable expenses and costs incurred in connection with any such dispute, action, proceeding, or arbitration, including, without limitation, in any appellate proceeding and subsequent to judgment in obtaining execution thereon. Any amount not paid as and when required by this Agreement shall accrue default interest at the rate of 12% per annum or the highest rate allowed by law, whichever is less, until paid in full. 15. Counterparts. This Agreement may be executed in counterparts, and all such counterparts once so executed will together be deemed to constitute: one: final agreement, as if one document had been signed by all Parties, and each such counterpart, upon execution and delivery, will be deemed a complete original, binding on the parties. Signatures transmitted electronically shall be deemed the equivalent of original signatures for all purposes. REA4NA-47ORT�-�� RRZ�— F-T44K-VV+bA-- Selfleinen t Agreement page 3 4867-5424-2770, v. I (ADT4867-5424-2770;1/13175-OOOOOIA Date: STATE OF WASHINGTON) )ss COUNTY OF KING Name: Date: I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Of the City of Tukwila to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. SUBSCRIBED AND SWORN TO before me this STATE, OF ARIZONA )ss NOTARY Print Name day of 1 2024. My Commission expires. Residing at: Settlement Agreement page 4 4867-5424-2770, v. I JADT4867-5424-2770;1/13175.000001/) COUNTY OF PIMA I certify that I know or have satisfactory evidence that Reyna. Lorena. Chavez -Lopez (DOB: 05/31/1969) is the person who appeared before me, and said person acknowledged that she signed this instrument, and declared that she signed this instrument as her free and voluntary act and feed for uses and purposes therein mentioned. SUBSCRIBED AND SWORN TO before me this day of 2024. 5 NOTARY Print Name My Commission expires: Residing at: Settlemen I Agreement page 5 4867-5424-2770, v, I (ADT4867-5424-2770;1/13175.000001/)