HomeMy WebLinkAboutAG 15-185ID Wln) d, "d -f 4 ,'S (01,‘, P 6" -Jo N [OW
I
I RETURN TO: EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
I. ORIGINATING
2. ORIGINATING
4. TYPE
❑ CONTRACTOR
❑ PUBLIC
❑ PROFESSIONAL
❑ GOODS
❑ REAL
❑ ORDINANCE
❑ CONTRACT
❑ OTHER
5. PROJECT
6. NAME
7. EXHIBITS
8. TERM:
9. TOTAL
REIMBURSABLE
IS SALES
CITY
❑ PURCHASING:
10. DOCUMENT
❑ PROJECT
❑ DIRECTOR
❑ RISK
CVLAW
11. COUNCIL
12. CONTRACT
❑ SENT
❑ ATTACH:
LAW
CHIEF
❑ SIGNATORY
❑ CITY
❑ ASSIGNED
❑ SIGNED
C MMENTS:
DEPT./DIV: CD /COMMUNITY SERVICES
STAFF PERSON: JERI -LYNN CLARK EXT: 2401 3. DATE REQ. BY:
OF DOCUMENT (CHECK ONE):
SELECTION DOCUMENT (E.G, RFB, RFP, RFQ)
WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ RESOLUTION
AMENDMENT (AG #): ❑ INTERLOCAL
PROMISSORY NOTE
NAME: JESSE C. & MEGAN M. DUTCHER
OF CONTRACTOR: JESSE C. & MEGAN M. DUTCHER
ADDRESS: 3520 SW 34312D ST FEDERAL WAY WA 98023 TELEPHONE (206) 571 -1644
E- MAIL: N/A FAX: N/A
SIGNATURE NAME: JESSE & MEGAN DUTCHER TITLE HOMEOWNERS
AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS
COMMENCEMENT DATE: 10, 2014 COMPLETION DATE: 10, 2019
_DECEMBER _DECEMBER
COMPENSATION $_9,939.86 (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑
PLEASE CHARGE TO: 119- 7300 - 996 - 594 -41 -410
/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
MANAGER r
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MANAGEMENT (IF APPLICABLE)
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APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:
SIGNATURE ROUTING \ /
TO VENDOR/CONTRACTOR DATE SENT: C\ I I \ I I DATE REC'D:
SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
I ►_. TIAL DATE SIGNED
DEPARTMENT - i o vi
OF STAFF 431,vfiyla
(MAYOR OR DIRECTOR) �
CLERK ;i'
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COPY RETURNED DATE SENT: /OM/5-
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LENDER:
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835-7000
www cltyoffederatwny corn
PROMISSORY NOTE
City of Federal Way Housing Repair Program (HRP)
City of Federal Way, a Municipal corporation
33325 8thAvenue South
Federal Way, WA 98003
BORROWER: Jesse C. & Megan M. Dutcher,
Homeowner(s)
HRP RESIDENCE: 3520 SW 343rd St
Federal Way, WA 98023
PRINCIPAL
AMOUNT:
LOAN DATE:
DUE DATE:
$9,939.86
December 10, 2014
The earlier of "Default Date" or December 10, 2019
In consideration for the mutual undertakings and covenants contained in this Promissory
Note (the "Note "), Lender (also referred to hereinafter as the "City ") and Borrower agree as
follows:
1. Purpose for Loan. Borrower is eligible to participate in Lender's Housing Repair Program
( "HRP "), a program to assist eligible homeowners with home repair needs that maybe of an
emergency nature due to unforeseen circumstances that require immediate action to protect the
health and safety of its occupants, or that will improve the living conditions for the homeowner
and enhance the surrounding neighborhood. The program is funded by Community Development
Block Grant funds that have been made available to the City. Loan proceeds are being used to
fund repairs and improvements at the borrower's principal residence. Borrower's application for
a Housing Repair Program loan has been approved and the City is prepared to fund the loan upon
Borrower's execution of the "Loan Documents," which include this Promissory Note and a Deed
of Trust.
2. Promise to Pay. For value received, on or before the Due Date, Borrower, including its
assigns and successors, promises to pay Lender in lawful money of the United States of America,
at Lender's principal place of business, or such other place as Lender may designate in writing
from time to time, the Principal Amount listed above and, as shall have been advanced by Lender
to or on behalf of Borrower under this Note, plus interest (in the event of Default) as provided in
this Note.
3. Interest Rate. The unpaid Principal Amount shall bear interest at the rate of Zero Percent
(0 %) per annum (the "Effective Interest Rate ") unless or until a Default.
4. Payments. No payments will be required to be made on the Principal Amount unless or until
a Default occurs. In the event of Default, the entire unpaid balance of the Principal Amount as of
PROMISSORY NOTE 8/2015
HOUSING REPAIR PROGRAM Page 1
CITY F
O
'�. Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835-7000
www crryoffederalway corn
the date of Default shall immediately become due and payable and interest on the unpaid balance
shall commence to accrue at the "Default Interest Rate" on the date of Default.
5. Loan Account. All advances made to or on behalf of Borrower under this Note shall be
charged to a loan account in Borrower's name on Lender's books ( "Loan Account ") and Lender
shall debit to Borrower's Loan Account the amount of each advance, and credit the amount of
each repayment made by Borrower or "Forgiveness of Debt" granted by Lender.
6. Forgiveness of Debt. Commencing upon the date on which the Lender issues the last
advance of funds to, or on behalf of, Borrower under this Note (the "Repayment Commencement
Date "), Borrower shall be entitled to receive, and Lender shall grant, forgiveness of Twenty
Percent (20 %) of the Principal Amount for each consecutive twelve -month period after the
Repayment Commencement Date (a "Repayment Year ") that Borrower actually occupies the
Residence identified above as Borrower's principal place of residence. If Borrower resides in
the Residence for five (5) Consecutive Repayment Years, the entire Principal Amount shall be
forgiven and this Note shall be satisfied in full. If Borrower fails for any reason to live in the
Residence for five (5) Repayment Years, this Note shall be in Default as of the date upon which
Borrower no longer resides in the Residence. For purposes of calculating the amount of
forgiveness, if any, to which Borrower may be entitled for the Repayment Year in which
Borrower vacates the Residence, the amount of forgiveness to which Borrower would be entitled
for that Repayment Year shall be prorated for the number of days that Borrower actually
occupied the Residence in that Repayment Year.
7. Occupancy /Use. The property cannot be used as a rental home and must be the Borrowers
primary residence.
8. Default. Upon the occurrence of any of the following events ( "Events of Default "), Lender,
at its option, and without notice to Borrower, may declare the entire unpaid Principal Amount to
be immediately due and payable:
a. The Borrower rents out the home during the loan period. See Deed of Trust language 5.1.
b. The Borrower fails to comply with City Codes and Land Use regulations.
c. The Borrower no longer occupies the Residence as Borrower's primary residence;
d. The Borrower sells the Residence or conveys the Residence in lieu foreclosure, or forfeits
the Residence in foreclosure, bankruptcy or other insolvency proceeding;
e. The Borrower makes, or is deemed to have made, any materially incorrect, false,
fraudulent or misleading representation, warranty or certificate to the Lender, or makes, or is
deemed to have made, any materially incorrect, false, fraudulent, or misleading representation in
any statement or application to Lender in connection with Lender's consideration of Borrower's
EHRP application;
f. The Borrower defaults under the terms of this Note or the Deed of Trust granted in
connection herewith;
g. The Borrower is enjoined, restrained or in any way prevented by court order from
continuing to reside in the Residence;
h. Formal charges are filed against the Borrower under any federal, state or municipal
statute, law or ordinance for which forfeiture of the Residence is a potential penalty, or the
Residence is in fact so seized or forfeited;
PROMISSORY NOTE 8/2015
HOUSING REPAIR PROGRAM Page 2
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835-7000
www cayo/%dera(way com
i. The Borrower fails to maintain the Residence, commits waste upon the Residence
property or allows the Residence or Residence property to become a nuisance;
j. The Borrower (1) makes an assignment for the benefit of creditors, (2) consents to the
appointment of a custodian, receiver or trustee for itself or for a substantial part of its assets or
(3) commences, consents to the commencement or continuation of, or has commenced upon it,
voluntarily or involuntarily, any proceeding under any bankruptcy, insolvency or similar laws of
any jurisdiction;
k. The Borrower defaults under the deed of trust executed in connection with this Note, it
being understood and agreed that this Note and the deed of trust shall be interpreted and
construed as a single integrated agreement between Lender and Borrower; or
1. The Borrower dies.
The term "Default Date" shall mean the date on which an Event of Default has occurred or the
date Borrower is no longer entitled to cure the Event of Default under the terms of this Note.
9. Default Interest Rate. Upon the occurrence of any Event of Default, the unpaid Principal
Amount balance shall bear interest at the per annum interest rate for judgments provided by
Washington law until the Note is satisfied in full.
10. Security. This Note is secured by and relates to a deed of trust of even date encumbering the
Residence.
11. Default Remedies. Upon the occurrence of any Event of Default, Lender shall have and may
exercise any one or more of the rights and remedies provided in this Note and the deed of trust
relating to this Note. The remedies provided in this Note and deed of trust are cumulative to the
full extent provided by law.
12. Application of Payments. All payments received on this Note shall first be applied against
accrued and unpaid interest and "Costs and Fees" owed to Lender under this Note, and the
balance against unpaid Principal Amount. Borrower expressly assumes all risks of loss or delay
in the delivery of any payments made by mail, and no course of conduct or dealing shall affect
Borrower's assumption of these risks.
13. Costs and Fees. Borrower agrees to pay all of Lender's costs incurred in the collection,
modification, review, monitoring, or termination of this Note, including actual attorney fees and
those incurred in any foreclosure, bankruptcy, or other similar insolvency proceeding.
14. No Waiver. Acceptance by Lender of any payment in an amount less than the amount then
due shall be deemed an acceptance on account only, and Lender's acceptance of any such partial
payment shall not constitute a waiver of Lender's right to receive the entire amount due.
15. Consent. Borrower hereby jointly and severally (i) waives presentment for payment,
demand, notice of non - payment, notice of protest or protest of this Note, (ii) waives Lender's
diligence in collection or bringing suit, and (iii) waives consent to any and all extensions of time,
renewals, waivers or modifications as may be granted by Lender with respect to payment or any
other provisions of this Note. The liability of the Borrower under this Note shall be absolute and
unconditional, without regard to the liability of any other party.
16. Governing Law and Venue. This Note shall be interpreted, construed and governed by, and
in accordance with, the laws of the State of Washington. Venue for any action commenced by
PROMISSORY NOTE 8/2015
HOUSING REPAIR PROGRAM Page 3
CITY OF
Federal Way.
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www crtyoffederalway com
Borrower or Lender to interpret or enforce this Note or the deed of trust shall be in the Superior
Court of the State of Washington, For King County, at the Maleng Regional Justice Center,
Kent, Washington.
17. Entire Agreement. Except as otherwise expressly provided in this Note, this Note and the
deed of trust constitute the entire agreement of the Borrower and the Lender relating to its
subject matter.
ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND
CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE
NOT ENFORCEABLE UNDER WASHINGTON LAW.
PROMISSORY NOTE 8/2015
HOUSING REPAIR PROGRAM Page 4
CITY OF . Federal Way
Agreed to and accepted by:
LENDER:
CITY OF FEDERAL WAY
,0100,5/c
APPROVED AS TO FORM:
fa I,City Attorney, Amy Jo Pearsall
BORROWER(S):
c
ature
Jesse C. Dutcher
Printed Name
STATE OF WASHINGTON •
COUNTY OF / 1 L
) ss.
CITY HALL
33325 8th Avenue South
Federal Way. WA 98003 -6325
(253) 835-7000
www cityoffederalway com
ATTEST:
lerk, Stephanie Court, CMC
Megan M. Dutcher
Printed Name
On this day personally appeared before me, Jesse C. & Megan M. Dutcher to me known to be the`
individual(s) described in and who executed the going instrument, and on oath swore that he/sh hey )
executed the foregoing instrument as his/he heJ free and voluntary act and deed for the uses
purposes therein mentioned.
GIVEN my hand and official seal this da g- f9
PROMISSORY NOTE
HOUSING REPAIR PROGRAM
Notary's signature',
Notary's printed name /Q4 /( CS 11 D c i
Notary Public in and for the State of Washington.
My commission expires 1) a c_- /2, a o.,'
,20! -i
RAKESH NAIDU
STATE OF WASHINGTON
NOTARY PUBLIC
MY COMMISSION EXPIRES
12-12-18
8/2015
Page 5
