AG 22-112 - MARGO WENSTADRETURN TO: AMY GLANDON EXT: 2401
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV: COMMUNITY SERVICES - HOUSING REPAIR
2. ORIGINATING STAFF PERSON: AMY GLANDON EXT: 2401 3. DATE REQ. BY: ASAP
4. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL
A OTHER HOUSING REPAIR CONTRACT
5. PROJECT NAME: MARGO WENSTAD ROOF REPAIR NW ROOF SERVICE INC
6. NAME OF CONTRACTOR: MARGO WENSTAD
ADDRESS: 32820 20TH AVE S #59, FEDERAL WAY, WA 98003 TELEPHONE 206-235-0202
E-MAIL: FAX:
SIGNATURE NAME: TITLE HOMEOWNER
7. EXHIBITS AND ATTACHMENTS: A SCOPE, WORK OR SERVICES A COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN LEI REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE: UPON EXECUTION COMPLETION DATE: UPON SALE OF HOME
9. TOTAL COMPENSATION $15,791.14 (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ®YES ®NO IF YES, $ - - PAID BY: ❑ CONTRACTOR ❑ CITY- -
RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED
❑ PURCHASING: PLEASE CHARGE TO: 119-7300-996-594-41-410
10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED
N PROJECT MANAGER SJB 6/27/22
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
* LAW JE 6/28/22
11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: _ COUNCIL APPROVAL DATE:
12. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE
(Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.)
INITIAL ATE SIGNED
�6 DEPARTMENT
POMGNATORY (MAYOR OR DIRECTOR)
❑ CITY CLERK I t P
❑ ASSIGNED AG# AG# — l
COMMENTS:
See comments regarding warranties, as well as a few other changes needed. - JE 6-28-22
9/8/2022 - Final Contract with updated costs reflecting invoice amounts. Changes to Homeowner Loan dots, Contractor agreement (Ex. D) unchanged - AG
10/6/2022 - Final contract signed by homeowner. OK to pay on invoice already signed. Final signatures for execution of contract. AG
2/2017
CITY OF
�A1111 Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederaiway com
CITY OF FEDERAL WAY
HOME REPAIR PROGRAM (CDBG)
HOMEOWNER LOAN AGREEMENT
THIS LOAN AGREEMENT ("Agreement") is made this 6th day of October, 2022 between the CITY
OF FEDERAL WAY, a municipal corporation ("City"), and Margo Wenstad ("Borrower").
RECITALS
A. The CITY OF FEDERAL WAY is a municipal corporation and designated as an entitlement city in the
United States Department of Housing and Urban Development (HUD) Community Development
Block Grant (CDBG) Program to carry out federal CDBG grants and programs.
B. The CITY OF FEDERAL WAY has undertaken the administration and execution of various programs
utilizing funds made available from the HUD, which have as their objective, the repair of owner -
occupied housing (Home Repair Program) for qualifying low- and moderate -income persons and
families residing in the city limits of Federal Way.
C. The City is willing to provide the Borrower a loan, to be used by the Borrower for repair work at the
Borrower's property located at 32820 20th Ave S #59, Federal Way, King County, Washington
("Property"), and more particularly described in Exhibit A attached hereto. The amount and terms of
the loan are specified in the Promissory Note found in Exhibit B and secured by the Deed of Trust
found in Exhibit C, both of which are made parts hereof by this reference.
AGREEMENT
In consideration of the mutual promises herein, the Borrower and the City agree as follows:
1. Total Rehabilitation Cost.
a) The total cost of rehabilitation for this property is $15,791.14, which includes costs, fees, and
expenses listed in paragraph 6 of this Loan Agreement. Of this, $15,791.14 is a loan, as provided
herein and subject to the Promissory Note and the Deed of Trust.
2. Loan. The City agrees to make, and the Borrower agrees to take the Loan as provided herein. The
Borrower agrees to have the Loan proceeds used to complete the work in accordance with all applicable
code requirements and work plans described in the Homeowner & Contractor Agreement for Housing
Repair Program attached hereto as Exhibit D. The loan will be evidenced by a Promissory Note (the
"Note") to be executed by the Borrower.
HRP Homeowners Loan Agreement 1 12/2021
AIR
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway com
3. Purpose of Loan. The Loan is to be used exclusively in connection with the repair of the Property in
accordance with the objectives of the Home Repair Program and the applicable guidelines thereof.
4. Security.
a) Deed of Trust. As a security for the Note, Borrower shall make, execute, and deliver to the City,
as Beneficiary, a Deed of Trust on the Property in form and substance satisfactory to the City in the
full amount of the Loan. This Deed of Trust shall be subject to the following:
i. A Deed of Trust to Wells Fargo Bank, N.A.. in the principal amount of One Hundred One
Thousand Four Hundred Forty -Four and 00/100 Dollars ($101,444.00), recorded February
24th, 2010, under King County Auditor's File No. 20100224000309; and
ii. A Deed of Trust to Wells Fargo Bank, N.A.. in the principal amount of Thirty thousand and
00/100 ($30,000.00) recorded December 4, 2007, under King County Auditor's File No.
20071204000825.
iii. Such additional encumbrances as the City may hereafter approve or waive in writing.
b) Title and Fire Insurance. Borrower shall, at Borrower's expense, furnish the City with an
acceptable Mortgagee's Prime Title Insurance Policy insuring the City in the amount of $17,370.25
and shall provide and maintain fire and extended coverage insurance on the Property in the amount
- of Seventeen Thousand- Three -Hundred Seventy and-25/100-dollars ($17,370.25), naming -the- City
as the beneficiary and additional loss payee, as its interests may appear and requiring the City be
given thirty (30) days prior notice of any cancellation thereof.
5. Loan Proceeds.
a) Upon execution of the Note and recording of the Deed of Trust and other required security
instruments, and the satisfaction of any other conditions precedent applicable to the Loan
disbursement, the Loan proceeds will be disbursed in accordance with this Agreement. The
Borrower has no right to the monies, other than to have the same disbursed in accordance with the
terms of this agreement. The Loan will be disbursed in one payment as required under this
Agreement (refer to Homeowner/contractor agreement Exhibit D) on disbursement requests
approved by the Borrower and the City.
b) The Borrower shall allow the Work to be accomplished through a licensed General Contractor
(Contractor) pursuant to a written contract (Contract) with the Contractor, in form provided by the
City, and through such written subcontracts as may be let by the Contractor with the prior
concurrence of the City. The proceeds of the Loan shall be used only as necessary for payment of
costs and expenses incurred in connection with administration of the loan and for. payment of
indebtedness incurred for labor performed and materials incorporated into the Work.
Disbursements shall be made upon certification of completion of the Work.
c) Before making any disbursements, the City shall be entitled to receive a true and correct statement
of all costs incurred for the labor performed and materials ordered and/or delivered and shall have
HRP Homeowners Loan Agreement 2 12/2021
CITY Of:
000 Federal Way
CITY HALL
33325 8th Avenue South
Federal Way: WA 98003-6325
(253)835-7000
www otyoffederalway corn
the right to inspect all records, books and accounts relating to the Work. The City may require lien
waivers, releases, or receipts from the Contractor substantiating payment for all work, services, and
labor performed and materials supplied.
d) The City shall make any such payments to the Contractor engaged in rendering labor or materials
in connection with the Work.
e) Requests for payment shall be made through the City on forms acceptable to the City.
f) No assignment may be made of any City Loan funds to be disbursed hereunder or of any rights of
the Borrower under this Agreement, except upon prior written consent of the City.
g) All change orders shall be subject to approval of the City prior to execution by the Borrower and
the Contractor. If, as a result of the discovery of latent defects, or unforeseen conditions or health
and safety hazards, it is necessary to make a change order or orders which exceed the original
Contract price, the City has the right, at its option, and after consultation with the Borrower(s), to
reevaluate the scope of assistance to be provided and, in conjunction therewith, order the
elimination or reduction of certain work items set forth in the work schedule or work write-up, or
increase the amount of the loan.
h) These requirements are for the benefit of the City, and the City, as its option, shall have the right
to waive such requirements.
6. Loan Documents; Fees. The Borrower shall execute at or prior to closing such documents, in form
and content satisfactory to the City, including but not limited to, the Note, the Deed of Trust, this
Agreement, and the Contract (collectively called "Loan Documents"). The Borrower shall be
responsible for all of the City's costs in connection with the closing of the Loan, including, without
limitation, recording fees, escrow fees, attorney's fees, loan fees, and other expenses associated with
the Loan. Such fees are in addition to the cost for the Work and shall be added to the financial amount
of the Loan and included in the total amount shown on and due in the Note.
7. Loan Repayment.
Borrower agrees to repay the full loan amount in accordance with the terms of the Promissory Note
attached as Exhibit B.
8. Cancellation of Commitment; Acceleration.
a) At its option, the City reserves the right to cancel the Loan and terminate its obligation hereunder
and under any other Loan Documents evidencing the Loan if, for a period of sixty (60) days from
the date of execution of the this Agreement and Note, the Borrower shall have failed or refused to
cause the commencement of the Work, or if the Borrower shall have failed or refused to allow
completion the Work within a reasonable time as determined by the City, after commencing the
Work. The City shall exercise this cancellation by sending written notice thereof to the Borrower
at their mailing address set forth below. The City's failure to exercise this right of cancellation
shall not be deemed a waiver thereof as long as the work remains incomplete.
HRP Homeowners Loan Agreement 3 12/2021
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cdyof(ederalway corn
b) The entire principal amount of the Note, and any other amounts secured by the Deed of Trust, shall
become due and payable, at the option of the City, upon the Borrower's breach of, or failure to
comply with, any covenant, agreement, term, or condition contained in this Agreement or any of
the Loan Documents, or upon the occurrence of any of the following:
i. An event of default as specified in the Note;
ii. Failure to complete the Work within the sixty days specified in paragraph 8a as determined by
the City; and
iii. Borrower's death or if Borrower is a spouse or partner forming an acknowledged relationship,
the death of both individuals.
9. Bidding Process.
The City will acquire formal bids for Work to be completed and award the bid to the best -qualified
low bidder. The successful bidder will be required to execute a Contract Agreement with the City.
The Borrower will be required to execute a Contractor Agreement for the Housing Repair Program
with the Contractor.
10. Accomplishment of Work.
a) The Borrower shall allow a licensed general contractor to carry out all Work specified in the
approved bids. Borrower specifically agrees to approve all Work that, in the good faith opinion
---of the Contractor -and- the -City, has been accomplished inaccordancewith generally accepted
construction industry standards.
b) The Borrower agrees that the Contractor will be paid only for the Contractor's actual cost of
performing the Work. The Borrower represents and warrants that the Borrower will require the
Contractor to so agree and provide such documentation as the City may reasonably require
showing that the Contractor does not receive any payment in excess of the Contractor's approved
contract amount for the completion of the Work.
11. Inspection of the Work. The City will have the right to inspect the Work at all reasonable times for
the purpose of ascertaining whether the Work is in accordance with the requirements of the Contract
and applicable laws and codes. The City, in order to protect its interest and the interest of the general
public, will endeavor to bring to the attention of the Borrower and the Contractor work which is not
performed in accordance with the Contract and applicable codes. It is understood and agreed that
neither the City, nor their respective agents or employees shall be responsible for the Borrower's or
Contractor's failure to perform the work in accordance with the Contract, or for the acts or omissions
of the Borrower(s), the Contractor, subcontractors, any of their agents or employees, or any others
performing any work. The Borrower shall take all steps necessary to assure that the City or its
designee is permitted to examine and inspect the Work and all contracts, materials, equipment,
payrolls, and conditions of employment pertaining to the Work, including all relevant data and records.
12. Warranty for Work.
The Borrower will require that the contractor give to the Borrower and the City a one (1) year
unconditional warranty of the labor and materials used in the Work, on such forms as the City shall
HRP Homeowners Loan Agreement 4 12/2021
CITY OF
Federal Way
CITY HALL
33325 Sth Avenue South
Federal Way. WA 98003-6325
(253) 835-7000
avww a1yoffederakvay com
designate. At such time the contract price has been paid in full, and upon following manufacture
maintenance recommendations, the installation workmanship on the specifications outlined above
will be guaranteed for a period of 5 years and the shingles warranted for limited lifetime.
13. Records.
The Borrower agrees to keep such records as may be required by HUD regarding the Work and agree
to keep such records as may be required by HUD or the City. The Borrower will, at any time during
normal business hours, and as often as the Secretary of HUD or an authorized representative of the
City, may deem necessary, permit the Secretary and/or City officials, to have full and free access to
the Borrower's records with respect to the utilization of the proceeds of the Loan, and will permit the
Secretary and/or City Officials, to audit, examine and make excerpts or transcripts from Borrower's
records and to review, inspect and make audits of all Work, contracts, invoices, materials, payrolls,
records of personnel, conditions of employment, books of record and other documented data
pertaining to the Loan and grant and Work.
14. Compliance with Applicable Laws and Requirements.
In the performance of this Agreement and the completion of the Work, the Borrower shall comply, in
all material respects with applicable Federal and State laws, orders, rules and regulations as
determined by HUD or other agency having jurisdiction thereof, and the Borrower shall defend,
protect and save harmless the City, their officers and employees, from and against all claims, suits,
and actions, liability, loss, damage and expense arising from any failure of the Borrower or their
architect, agent, contractor or subcontractors to comply with the same. Any such requirement under
the applicable federal -grant agreement, is required to be set forth in this Agreement is -by this reference
incorporated herein as though fully set forth at this point.
15. Limit of Liability, Property Maintenance, and Recapture Provisions.
a) Limit of Liability. All liability and obligation of the City arising pursuant to this Agreement and
any payment to be made by the City pursuant to this Agreement shall be satisfied exclusively and
solely from federal funds made available for such purpose, and no creditor or other person or entity
of whatever nature shall have any recourse to the assets, credits, or services of the City by reason
of any liability or obligation arising out of this Agreement, and neither this Agreement nor any
Note, Loan, or other documents hereunder shall constitute a debt or indebtedness of the City within
the meaning of any constitutional, statutory, local, or charter provision.
b) Borrower agrees:
i. Keep in Good Condition. To keep the property in good condition and repair; to complete any
building, structure, or improvement being built or about to be built thereon; to restore promptly
any building, structure, or improvement thereon which may be damaged or destroyed; and to
comply with all laws, ordinances, regulations, covenants, conditions, and restrictions affecting
the property.
ii. Insurance. To keep all buildings now or hereafter erected on the property described herein
continuously insured against loss by fire in an amount not less than the total debt represented
by this Loan Agreement.
HRP Homeowners Loan Agreement 5 12/2021
CITY 4F
vFederal Way
CITY HALL
33325 8th Avenue South
Federal Way. WA 98003-6325
(253)835-7000
www ciryoffederelway com
iii. Pay Taxes and Other Obligations. To pay before delinquent all lawful taxes, assessments,
insurance premiums, liens, encumbrances, obligations and other charges against or secured by
the property.
iv. Recapture Provisions.
Superior Interest. If the interest of the Borrower and City is subordinate to a superior interest
enforceable against the property, including but not limited to taxes and any interest secured
by a prior Deed of Trust, and if there should be a sale based upon non-payment of taxes, or
foreclosure or transfer in lieu of foreclosure based upon a default in the obligation secured
by the prior Deed of Trust, or any other seizure of the property in satisfaction of a superior
interest, then in that event the Borrower's obligation to repay this loan is reduced and shall
not exceed the amount of the net proceeds available to the Borrower after the sale,
foreclosure, or transfer in lieu of foreclosure.
2. CITY OF FEDERAL WAY's Interest. If the Borrower defaults in any obligation due the
City, and the City begins a non judicial foreclosure and conducts a trustee's sale or accepts
a deed or transfer in lieu of foreclosure, then in that event the Borrower's obligation to repay
this loan is reduced and shall not exceed the amount of the net proceeds available to the
Borrower after the sale or transfer in lieu of foreclosure.
16. Waiver of Personal Liability of Individuals. No member or employee of the City shall be personally
liable to the Borrower or any successor in interest in the event of any default or breach by the City,
- - for any amount which may -become due to the -Borrower -or successor, or -on -any -obligation under the --
terms of this Agreement.
17. Notices and Demands. Any notice or demand which either party hereto is required or desires to give
to or make upon the other shall be in writing and shall be delivered or made by United States registered
or certified mail, return receipt requested, postage repaid, addressed in the case of the City to:
CITY OF FEDERAL WAY Community Development Department - CDBG
33325 8th Ave South
Federal Way, WA 98003
And addressed in the case of the Borrower to:
Margo Wenstad
32820 20th Ave S #59
Federal Way, WA 98003
subject to the right of any such party to designate a different address by notice similarly given. Any
notice or demand so sent shall be deemed to have been given or made when delivered as evidenced
by the return receipt.
18. Successor and Assigns. The terms of this Agreement shall be binding upon the parties hereto, their
respective successors and assigns; it being agreed, however, the Borrower shall not assign or transfer
any of their rights, duties, benefits, obligations, liabilities, or responsibilities under this Agreement
without the express written consent of the City.
HRP Homeowners Loan Agreement 6 12/2021
CITY OF
Ift Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
www cityoffederatway com
19. Conditions Precedent to the Obligation of the City to Provide Funds. The obligation of the City
to provide or release any portion of the Loan funds under this Agreement shall, subject to such other
terms and conditions of the Agreement as may be applicable thereto, also be contingent upon:
a) Approval and execution of all Loan Documents relating to this Loan.
b) Submission by the Borrower of a copy of the Contract between the Borrower and the Contractor
for the work, which Contract shall bind the Contractor to complete the work at a cost not to exceed
the amounts specified in such Contract.
c) Receipt by the City of the ALTA Mortgagee's policy of Title Insurance as required by this
Agreement. At the City's option, but at the Borrowers' expense, the City may request the Title
Company to endorse its policy of Title Insurance at and as of the date of any disbursement by the
City of Loan proceeds.
d) Submission to the City as required by this Agreement of such forms of insurance policies in form
acceptable to the City, including the City thereon as an additional insured as its interest may
appear, which policies shall be continuously maintained at no cost to the City.
e) Confirmation by the City that prior to the date of recording of the Deed of Trust no lienable work
has been performed on, or materials delivered to or for the Property, or that all such work and
material& -have -been fullypaidfor
IN WITNESS WHEREOF, the parties hereto have executed this document as of the day and year first
written above.
LENDER:
CITY OF FEDERAL WAY:
Jim Ferr ayor
APPROVED AS TO FORM:
Ryan Call, City mey
ATTEST:
N&6m- 06Aei� —
to Anie Courtney, CMC, In
lerk
HRP Homeowners Loan Agreement 7 12/2021
CITY OF
Federal Wayaww��Wl
niffaallmocy
-Margo Wenstad
Printed Name
STATE OF WASHINGTON )
) ss.
COUNTY OF h �:l`� )
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000 '
www cilyoffederalway com
On this day personally appeared before me, Margo Wenstad, to me known to be the individual described
in and who executed the foregoing instrument, and on oath swore that she executed the foregoing
instrument as her free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN my hand and official seal this i' day of L'
Notary's signature
Notary's printed n�
��ti��a��►►u►►ilr
►``�E MAR r►r
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in and for the State of W shington.
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HRP Homeowners Loan Agreement 8 12/2021
Y OF
AIMI Federal Way
EXHIBIT A
Legal Description
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cilyoffedera&vay com
Unit 59, Cedar Creek, a condominium, according to the declaration thereof recorded under King County
Recording Number 9005020165, and any amendments thereto; said unit is located on survey map and
plans filed in Volume 94 of Condominiums, pages 53 through 55, in King County, Washington.
HRP Homeowners Loan Agreement 9 12/2021
CITY OF CITY HALL
Fe d e ra I Wa Feder l Avenue South
�� Federal Way, WA 98003-6325
(253)835-7000
www cRyoffederalway corn
EXHIBIT B
PROMISSORY NOTE
City of Federal Way Housing Repair Program (HRP)
LENDER: City of Federal Way, a Municipal corporation
33325 8th Avenue South
Federal Way, WA 98003
BORROWER: Margo Wenstad, Homeowner
HRP RESIDENCE: 32820 20th Ave S #59
Federal Way, WA 98003
PRINCIPAL $15,223.64
AMOUNT: Fees: $567.50
Total $15,791.14
LOAN DATE: October 6th, 2022
DUE DATE: The loan shall be due in accordance with the terms specified herein.
-- 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 agrees as follows:
1. Purpose for Loan. Borrower is eligible to participate in Lender's Housing Repair Program ("HRP"),
a program to assist eligible Homeowner 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 ("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, the Homeowner Loan Agreement, 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 the date of Default
HRP Homeowners Loan Agreement 10 12/2021
40 CITY
d e ra I Vila
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) $35-7000
www a1yoffedernlway com
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. Repayment of loan. The loan is due upon sale of the property, quit claim deed, death of the borrower,
or in the event of default, as defined in paragraph 7.
6. Occupancy/Use. The property must be the Borrower primary residence, and cannot be used as a rental
home.
7. 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, paragraph 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 of 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 the
Lender in connection with the Lender's consideration of Borrower's HRP 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;
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: (i) makes an assignment for the benefit of creditors; (ii) consents to the appointment
of a custodian, receiver, or trustee for itself or for a substantial part of its assets; or (iii) 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, Homeowner Loan Agreement, and the Deed of Trust shall be
interpreted and construed as a single integrated agreement between Lender and Borrower; or
1. Borrower's death, or if Borrower is a spouse or partner forming an acknowledged relationship, the
death of both individuals.
in. Any event of default specified in the Deed of Trust.
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.
HRP Homeowners Loan Agreement 11 12/2021
CITY OF
4w Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
www cltyoffederalway com
8. 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.
9. Security. This Note is secured by and relates to a Deed of Trust of even date encumbering the
Residence.
10. 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.
11. 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 any
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.
12. 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.
13. 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.
14. Consent. Borrower hereby jointly and severally: (a) waives presentment for payment, demand, notice
of non-payment, notice of protest, or protest of this Note; (b) waives Lender's diligence in collection or
bringing suit; and (c) 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.
15. 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 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.
16. Entire Agreement. Except as otherwise expressly provided in this Note, the Homeowner Loan
Agreement, 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.
HRP Homeowners Loan Agreement 12 12/2021
CITY of
'Ift�Federal Way
Agreed to and accepted by:
LENDER:
CITY OF FEDERAL WAY:
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Jim Ferrel ayvr
APPROVED AS TO FORM:
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;r" . Ryan Call, City Attu ey
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Signature
Margo Wenstad _
Printed Name
STATE OF WASHINGTON )
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COUNTY OF k)
CfTY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
www ct"ffederalway com
ATTEST:
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On this day personally appeared before me, Margo Wenstad, to me known to be the individual described
in and who executed the foregoing instrument, and on oath swore that she executed the foregoing
instrument as her free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN my hand and official seal this day of 0 (, y � , 201�—
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HRP Homeowners Loan Agreement 13 12/2021
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Federal Way
33325 81 Ave S
Federal Way, WA 98003-6325
Attn: Amy Glandon
EXHIBIT C
DEED OF TRUST
Property Address: 32820 20th Ave S #59, Federal Way, WA 98003
Grantor (s): Wenstad, Margo, A Single Person
Beneficiary: CITY OF FEDERAL WAY, a Washington Municipal Corporation
Property Legal Description (abbreviated): Unit 59, Cedar Creek
Complete Legal Description indicated below.
Assessor's Tax Parcel ID#(s): 144170059006
THIS DEED OF TRUST IS -DATED -October 6th, 2022 between -Margo Wenstad(referred
to below as "Grantor"), whose address is 32820 20th Ave S #59, Federal Way, WA 98003; CITY
OF FEDERAL WAY, whose address is 33325 8th Ave S, Federal Way, WA 98003 (referred to
below as "Lender"); and First American Title whose mailing address is 920 51' Ave, Suite 1250,
Seattle, WA 98104(referred to below as "Trustee").
1. CONVEYANCE AND GRANT. For valuable consideration, Grantor irrevocably grants,
bargains, sells and conveys to Trustee in trust, with power of sale and for the benefit of Lender as
Beneficiary, all of Grantor's estate, rights, title and interest, now owned or hereafter acquired, in
and to the following real property located at 32820 20th Ave S #59, Federal Way, WA 98003 in
King County, Washington, and legally described below, together with all existing or subsequently
erected or affixed buildings, improvements and fixtures; all easements, rights of way, and
appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch and
irrigation rights); and all other rights, royalties, and profits relating to the real property, including
without limitation all minerals, oil, gas, geothermal and similar matters (collectively "Real
Property").
The Real Property legal description is:
Unit 59, Cedar Creek, a condominium, according to the declaration thereof recorded under
King County Recording Number 9005020165, and any amendments thereto; said unit is
located on survey map and plans filed in Volume 94 of Condominiums, pages 53 through
55, in King County, Washington.
2. DEFINITIONS. The following words shall have the following meanings when used in
this Deed of Trust. Terms not otherwise defined in this Deed of Trust shall have the meanings
attributed to such terms in the Uniform Commercial Code. All references to dollar amounts shall
mean amounts in lawful money of the United States of America.
• Deed of Trust means this Deed of Trust among Grantor, Lender, and Trustee.
+ Grantor means any and all persons and entities executing this Deed of Trust, including without
limitation Margo Wentstad.
• Homeowner Loan Agreement means that agreement between the Grantor and the Lender for
funds used in connection with home repairs for the property that is the subject of this Deed of
Trust.
• Improvements means and includes without limitation all existing and future improvements,
buildings, structures, mobile homes affixed on the Real Property, facilities, additions,
replacements and other construction on the Real Property.
• Indebtedness means indebtedness of Grantor to Lender, including all principal and interest
payable under the Note and any amounts expended or advanced by Lender to discharge
obligations of Grantor or expenses incurred by Trustee or Lender to enforce obligations of
Grantor under this Deed of Trust, together with interest on such amounts as provided in this
Deed of Trust. The word "Indebtedness" also includes all renewals, modifications, extensions,
future advances or increases in the amount of the Note.
• Lender means the City of Federal Way, its successors and assigns.
• Note means the Promissory Note dated, , 20_, in the original principal amount
of $15,791.14 from Grantor to Lender, together with all renewals, extensions, modifications,
refinancing, and substitutions for this Note.
• Property means collectively the Real Property.
• Real Property means the property, interests and rights described above in the "Conveyance
and Grant" section.
• Related Documents means and includes without limitation the Homeowner Loan Agreement,
all promissory notes, Housing Repair Program applications and disclosures, deeds of trust, and
all other instruments, agreements and documents, whether now or hereafter existing, executed
in connection with the Indebtedness.
• Trustee -means First American Title and any substitute or successor trustees.
THIS DEED OF TRUST IS GIVEN TO SECURE (1) PAYMENT OF THE
INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL OBLIGATIONS OF
GRANTOR UNDER THE NOTE, THIS DEED OF TRUST AND OTHER RELATED
LOAN DOCUMENTS. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
FOLLOWING TERMS.
3. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of
Trust, Grantor shall pay to Lender all amounts secured by this Deed of Trust as they become due,
and shall strictly and in a timely manner perform all of Grantor's obligations under the Note, this
Deed of Trust, and the Related Documents.
4. FORBEARANCE BY LENDER NOT A WAIVER. Extension of the time for payment
or modification of the sums secured by this Deed of Trust granted by Lender to any successor in
interest of Grantor shall not operate to release the liability of the original Grantor or Grantor's
successors in interest. Lender shall not be required to commence proceedings against any successor
in interest or refuse to extend time for payment or otherwise modify the sums secured by this Deed
of Trust by reason of any demand made by the original Grantor or Grantor's successors of interest.
Any forbearance by Lender in exercising any right or remedy as provided in the Note or otherwise
shall not be a waiver of or preclude the exercise of any right or remedy.
5. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that
Grantor's possession and use of the Property shall be governed by the following provisions:
5.1 Possession and Use. Grantor shall occupy, establish and use the Property as
Grantor's principal residence for a minimum of 12 continuous months prior to and at the time of
execution of this Deed of Trust. The Grantor acknowledges that this Property is subject to certain
land use and occupancy requirements, as provided in the Homeowner Loan Agreement and the
Promissory Note, which shall be executed concurrently with the Deed of Trust. The Promissory
Note restricts the Grantor's ability to rent the Property.
5.2- _ Duty to Maintain. Grantor shall not destroy, damage, or impair the Property, allow
the Property to deteriorate, or commit waste on the Property. Grantor shall maintain the Property
in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary
to preserve its value.
5.3 Removal of Improvements. Grantor shall not demolish or remove any
Improvements from the Real Property without the prior written consent of Lender. As a condition
to the removal of any Improvements, Lender may require Grantor make arrangements satisfactory
to Lender to replace such Improvements with Improvements of at least equal value.
5.4 Lender's Right to Enter. Lender and its agents and representatives may enter upon
the Real Property at all reasonable times to attend to Lender's interest and to inspect the Property
for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust. Lender
shall give Grantor notice at the time of or prior to an inspection specifying reasonable cause for
the inspection.
5.5 Forfeiture Action. Grantor shall be in default if any forfeiture action or
proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result
in the forfeiture of the Property or otherwise materially impair the lien credited by this Deed of
Trust. Grantor may cure such a default and reinstate, as provided in paragraph 13.11, by causing
the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination,
precludes forfeiture of the Grantor's interest in the Property or other material impairment of the
lien created by this Deed of Trust.
5.6 False Application. Grantor shall be in default if Grantor, during the application
process or during the period governed by the Housing Repair Program, gave materially false or
inaccurate information or statements to Lender (or failed to provide Lender with any material
information) in connection with the loan evidenced by the Note, including, but not limited to,
representations concerning (i) Grantor's occupancy of the Property as a principal residence, and
(ii) Grantor's income;.
5.7 Hazardous Substances. Grantor shall not cause or permit the presence, use,
disposal, storage, or release of any Hazardous Substances on or in the Property. Grantor shall not
do, nor allow anyone else to do, anything affecting the Property that is in violation of any
Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage
on the Property of small quantities of Hazardous Substances that are generally recognized to be
appropriate to normal residential uses and to maintenance of the Property.
5.8 Environmental Cleanup. Grantor shall promptly comply with all statutes,
regulations, and ordinances which apply to Grantor or to the Property and with all orders, decrees
or judgments of governmental authorities or courts having jurisdiction which Grantor is bound by,
relating to the use, collection, storage, treatment, control, removal or cleanup of hazardous or toxic
substances in, on or under the Property or in, on or under any adjacent property that becomes
contaminated with hazardous or toxic substances as a result of construction, operations or other
activities on, or the contamination of, the Property, at Grantor's expense. Lender may, but is not
obligated to, enter upon the Property and take such actions and incur such costs and expenses to
effect such compliance as it deems advisable to protect its interest as Lender; and whether or not
Grantor has actual knowledge of the existence of hazardous or toxic substances in, on or under the
Property or any adjacent property as of the date hereof, Grantor shall reimburse Lender prior to
Lender acquiring title to the -Property through foreclosure or -deed -in lieu of foreclosure; --in
connection with such compliance activities.
5.9 Duty to Protect. Grantor agrees neither to vacate, abandon nor leave unattended
the Property. Grantor shall do all other acts, in addition to those* acts set forth above in this section,
which from the character and use of the Property as Grantor's principal residence are reasonable
necessary to protect and preserve the Property.
5.10 Agricultural Use. Grantor agrees that the Property is not used principally or
primarily for agricultural or farming purposes.
6. SALE OR TRANSFER. The following provisions relating to the sale or transfer of the
Property are a part of this Deed of Trust.
6.1 Transfer of Property. If the Property or any part thereof, or any interest of the
Grantor therein, is sold, leased or otherwise transferred, including any voluntary or involuntary
transfer, or transfer by operation of law, upon death of the Borrower or the Borrower ceasing to
physically occupy the property as Borrower's principal residence, excluding however (a) the
creation of a lien or encumbrance on the property subordinate to the Deed of Trust, (b) the creation
of a purchase money security interest for household appliance, or (c) a transfer by gift, devise,
descent or operation of law to a surviving spouse, or to a co -borrower if the Borrower is more than
one individual; ' then Lender may declare all sums secured by the Deed of Trust immediately due
and payable. This provision shall apply to each and every sale, transfer, conveyance or
encumbrance, regardless of whether or not Lender has consented or waived its rights, whether by
action or inaction, in connection with any previous sale, transfer, conveyance or encumbrance,
whether one or more.
6.2 Grantor Notice. If Lender exercises this option, Lender shall give Grantor and any
Senior Lien Holder(s) prior written notice of acceleration. This notice shall provide a period of not
less than 30 days from the date the notice is delivered or mailed within which Grantor must pay
all sums secured by this Deed of Trust. If Grantor fails to pay these sums prior to the expiration of
this period, Lender may invoke any remedy permitted by this Deed of Trust without further notice
or demand on Grantor.
6.3 Senior Lien Holder(s) Notice. Notwithstanding Lender's right to invoke any
remedy hereunder, Lender agrees that is will not commence foreclosure proceedings or accept a
deed in lieu of foreclosure, or exercise any other rights or remedy hereunder until it has given any
Senior Lien Holder(s) at least 60 days' prior written notice.
7. TAXES AND LIENS. The following provisions relating to the taxes and liens on the
Property are a part of this Deed of Trust.
7.1 Payment. Grantor shall pay when due (and in all events prior to delinquency) all
taxes, special taxes, assessments, charges (including water and sewer), fines and impositions levied
against or on account of the Property, and shall pay when due all claims for work done on or for
services rendered or material furnished to the Property. Grantor shall maintain the Property free of
all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for
the lien of taxes and assessments not due and except as otherwise provided in this Deed of Trust.
---- - 7.2 Evidence of Payment. Grantor shall, upon -demand, furnish to Lender satisfactory --
evidence of payment of the taxes or assessments and shall authorize the appropriate governmental
official to deliver to Lender at any time a written statement of the taxes and assessments against
the property.
7.3 Notice of Construction. Grantor shall notify Lender at least fifteen (15) days
before any work is commenced, any services are furnished, or any materials are supplied to the
Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of
the work, services, or materials. Grantor will, upon request of Lender, furnish to Lender advance
assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements.
8. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the
Property are a part of this Deed of Trust.
8.1 Maintenance of Insurance. Grantor shall procure and maintain policies of fire
insurance with standard extended coverage endorsements on a replacement basis for the full
insurance value covering all Improvements on the Real Property in an amount sufficient to avoid
application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender.
Grantor, upon request of Lender, will deliver to Lender from time to time the policies or certificates
of insurance in form reasonably satisfactory to Lender, including stipulations that coverages will
not be cancelled or diminished without at least ten (10) days' prior written notice to Lender. Each
insurance policy also shall include an endorsement providing that coverage in favor of Lender will
not be impaired in any way by any act, omission or default of Grantor or any other person. Should
the Real Property at any time become located in an area designated by the Director of the Federal
Emergency Management Agency (FEMA) as a special flood hazard area, Grantor agrees to obtain
and maintain Federal Flood Insurance for the full unpaid principal balance of the loan, up to the
maximum policy limits set under the National Flood Insurance Program, or as otherwise required
by Lender, and to maintain such insurance for the term of the loan.
8.2 Application of Proceeds. Grantor shall promptly notify Lender of any loss or
damage to the Property if the estimated cost of repair or replacement exceeds $5,000.00. Lender
may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Upon the
election of Lender, Lender may receive and retain the proceeds of any insurance and apply the
proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the
restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and
repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner
reasonably satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay
or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor
is not in default under this Deed of trust. Any proceeds which have not been disbursed within 180
days after their receipt and which Lender has not committed to the repair or restoration of the
Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to
pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the
Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such
proceeds shall be paid without interest to Grantor as Grantor's interest may appear.
8.3 Unexpired Insurance at Sale. Any unexpired insurance shall inure to the benefit
of, and pass to, the purchaser of the Property covered by this Deed of Trust at any trustee's sale or
other sale held under the provisions of this Deed of Trust, or at any foreclosure sale of such
Property.
8.4 Grantor's Report on Insurance. Upon request of Lender, however not more than
once a year, Grantor shall furnish to Lender a report on each existing policy of insurance showing:
(a) the name of the insurer; (b) the risks insured; (c) the amount of the policy; (d) the property
insured, the then current replacement value of such property, and the manner of determining that
value; and (e) the expiration date of the policy. Grantor shall, upon request of Lender, have an
independent appraiser reasonably satisfactory to Lender determine the cash value replacement cost
of the Property.
9. EXPENDITURES BY LENDER. If Grantor fails to comply with any provision of this
Deed of Trust, or if any action or proceeding is commenced that would materially affect Lender's
interests in the Property, Lender on Grantor's behalf may, but shall not be required to, take any
action that Lender reasonably deems appropriate. Any amount that Lender expends in so doing
will bear interest at the rate provided for in the Note from the date incurred or paid by Lender to
the date of repayment by Grantor. All such expenses, at Lender's option, will (a) be payable on
demand, (b) be added to the balance of the Note and be apportioned among and be payable with
any installment payments to become due during either (i) the term of any applicable insurance
policy or (ii) the remaining terms of the Note, or (c) be treated as a balloon payment which will be
due and payable at the Note's maturity. This Deed of Trust also will secure payment of these
amounts. The rights provided for in this paragraph shall be in addition to any other rights or
remedies to which Lender may be entitled on account of the default. Any such action by Lender
shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise
would have had.
10. COMPLIANCE WITH LAWS. Grantor warrants that the Property and Grantor's use of
the Property complies with all existing applicable laws, ordinances, and regulations of
governmental authorities.
11. CONDEMNATION. The following provisions relating to condemnation proceedings are
a part of this Deed of Trust.
11.1 Application of Net Proceeds. If all or any part of the Property is condemned by
eminent domain proceedings or, by any proceeding or purchase in lieu of condemnation, Lender
may at its election require that all or any portion of the net proceeds of the award be applied to the
Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean
the award after payment of all reasonable costs, expenses, and attorneys' fees incurred by the
Trustee or Lender in connection with the condemnation, and subject to the terms of the First
Mortgage or Deed of Trust.
11.2 Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly
notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend
the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender
shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel
of its own choice all at Grantor's expense, and Grantor will deliver or cause to be delivered to
Lender such instruments as may be requested by it from time to time to permit such participation.
11.3 Abandonment. If the Property is abandoned by Grantor, or if, after notice by
Lender -to -Grantor that the condemneroffersto make an -award -or --settle a claim for -damages, and
Grantor fails to respond to Lender within 30 days after the date the notice is given, Lender is
authorized to collect and apply the proceeds, at its option, either to restoration or repair of the
Property or to the sums security by this Deed of trust, whether or not then due.
12. DEFAULT. Each of the following, at the option of the Lender shall constitute an event of
default ("Event of Default") under this Deed of Trust:
12.1 Default on Indebtedness. Failure of Grantor to make any payment when due on
the Indebtedness or failure to perform any material obligation under the Note.
12.2 Default on Other Payments. Failure of Grantor within the time required by this
Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to
prevent failing of or to effect discharge of any lien.
12.3 False Statements. Any warranty, representation, or statement made or furnished to
Lender by or on behalf of Grantor under this Deed of Trust, the Note or any Housing Repair
Program application or disclosure document is false or misleading in any material respect, either
now or at the time made or furnished.
12.4 Defective Collateralization. This Deed of Trust or any of the Related Documents
ceases to be in full force and effect (including failure of any collateral documents to create a valid
and perfected security interest or lien) at any time and for any reason.
12.5 Foreclosure, Forfeiture, etc. Commencement of foreclosure or forfeiture
proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any
creditor of Grantor or by any governmental agency against any of the Property. However, this
subsection shall not apply in the event of a good faith dispute by Grantor as to the validity or
reasonableness of the claim which is the basis of the foreclosure or forfeiture proceeding, provided
that Grantor give Lender written notice of such claim and furnishes reserves or a surety bond for
the claim satisfactory to Lender.
12.6 Breach of Other Agreement. Any breach by Grantor under the terms of any other
agreement between Grantor and Lender, including but not limited to the Note, that is not remedied
within any grace period provided therein, including without limitation any agreement concerning
any indebtedness or other obligation of Grantor to Lender, whether existing now or later.
13. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of
Default and at any time thereafter, Trustee or Lender, at its option, may exercise any one or more
of the following rights and remedies, in addition to any other rights or remedies provided by law:
13.1 Accelerate Indebtedness. Lender shall have the right at its option to declare the
entire Indebtedness immediately due and payable, including any prepayment penalty which
Grantor would be required to pay.
13.2 Foreclosure. With respect to all or any part of the Real Property, the Trustee shall
have the right to exercise its power of sale and to foreclose by notice and sale, and Lender shall
have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full
extent provided by applicable law.
13.3 Appoint Receiver. Lender shall have the right to have a receiver appointed to take
possession of all or any part of the Property, with the power to protect and preserve the Property,
to operate the Property preceding or pending foreclosure or sale, and to collect the Rents from the
Property and apply the proceeds, over and above the cost of the receivership, against 'the
Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the
appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the
Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from
serving as a receiver.
. 13.4 Tenancy at Sufferance. If Grantor remains in possession of the Property after the
Property is sold as provided above or Lender otherwise becomes entitled to possession of the
Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the
purchaser of the Property and shall at Lender's option either (a) pay a reasonable rental for the use
of the Property, or (b) vacate the Property immediately upon the demand of Lender.
13.5 Other Remedies. Trustee or Lender shall have any other right or remedy provided
in this Deed of Trust or the Note or by law.
13.6 Notice of Sale. Lender shall give Grantor reasonable notice of the time and place
of any public sale of the Property or of the time after which any private sale or other intended
disposition of the Property is to be made. Reasonable notice shall mean notice given at least ten
(10) days before the time of the sale or disposition.
13.7 Sale of Property. To the extent permitted by applicable law, Grantor hereby waives
any and all rights to have the Property marshaled. In exercising its rights and remedies, the Trustee
or Lender shall be free to sell all or any part of the Property together or separately, in one sale or
by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the
Property.
13.8 Waiver, Election of Remedies. A waiver by any party of a breach of a provision
of this Deed of Trust shall not constitute a waiver of or prejudice the party's rights otherwise to
demand strict compliance with that provision or any other provision. Election by Lender to pursue
any remedy provided in this Deed of Trust, the Note, in any Related Document, or provided by
law shall not exclude pursuit of any other remedy, and an election to make expenditures or to take
action to perform an obligation of Grantor under this Deed of Trust after failure of Grantor to
perform shall not affect Lender's right to declare a default and to exercise any of its remedies.
13.9 Attorney's Fees, Expenses. If Lender institutes any suit or action to enforce any
of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may
adjudge reasonable as attorney's fees at trial on any appeal. Whether or not any court action is
involved, all reasonable expenses incurred by Lender which in Lender's opinion are necessary at
any time for the protection of its interest or the enforcement of its rights shall become a part of the
Indebtedness payable on_demand and shall bear interest at the Note rate from the date of
expenditure until repaid. Expenses covered by this paragraph include, without limitation, however
subject to any limits under applicable law, Lender's attorney's fees whether or not there is a
lawsuit, including attorney's fees for bankruptcy proceedings (including efforts to modify or
vacate any automatic stay or injunction), appeals and any anticipated post judgment collection
services, the cost of searching records, obtaining title reports (including foreclosure reports),
surveyors' reports, appraisal fees, title insurance, and fees for the Trustee, to the extent permitted
by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by
law.
13.10 Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set
forth in this Section.
13.11 Grantor's Right to Reinstate. If Grantor meets certain conditions, Grantor shall
have the right to have enforcement of this Deed of Trust discontinued at any time prior to the
earlier of (a) five (5) days, or such other period as applicable law may specify for reinstatement,
before sale of the Property pursuant to any power of sale contained in this Deed of Trust; or (b)
entry of a judgment -enforcing this Deed of Trust. Those conditions are that the Grantor: (a) pays
Lender all sums which then would be due under this Deed of Trust and the Note as if no
acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all
expenses incurred in enforcing this Deed of Trust, including, but not limited to, reasonable
attorney's fees; and (d) takes such action as Lender may reasonably require to assure that the lien
of this Deed of Trust, Lender's rights in the Property and Grantor's obligation to pay the sums
secured by this Deed of Trust shall continue unchanged. Upon reinstatement by Grantor, this Deed
of trust and the obligations secured hereby shall remain fully effective as if no acceleration had
occurred. However, this right to reinstate shall not apply in the case of acceleration under
paragraph 5.
14. POWERS AND OBLIGATIONS OF THE TRUSTEE. The following provisions
relating to the powers and obligation of Trustee (pursuant to Lender's instructions) are part of this
Deed of Trust.
14.1 Powers of Trustee. In addition to all powers of Trustee arising as a matter of law,
Trustee shall have the power to take the following actions with respect to the Property upon the
written request of Lender and Grantor: (a) join in preparing and filing a map or plat of the Real
Property, including the dedication of streets or other rights to the public; (b) join in granting any
easement or creating any restriction on the Real Property; and (c) join in any subordination or other
agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust.
14.2 Obligations to Notify. Trustee shall not be obligated to notify any other party of a
pending sale under any other trust deed or lien, or of any action or proceeding in which Grantor,
Lender, or Trustee shall be a party, unless required by applicable law, or unless the action or
proceeding is brought by Trustee.
14.3 Trustee. Trustee shall meet all qualifications required for trustee under applicable
law. In addition to the rights and remedies set forth above with respect to all or any part of the
Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the
—right to foreclose by judicial foreclosure, in either -casein -accordance with and to -the -full extent
provided by applicable law.
14.4 Successor Trustee. Lender, at Lender's option, may from time to time appoint a
successor trustee to any Trustee appointed hereunder by an instrument executed and acknowledged
by Lender and recorded in the office of the recorder for the County in which the Real Property is
located. The successor trustee, without conveyance of the Property, shall succeed to all the title,
power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This
procedure for substitution of trustee shall govern to the exclusion of all other provisions for
substitution.
15. NOTICES TO GRANTOR AND OTHER PARTIES. Subject to applicable law, and
except for notice required or allowed by law to be given in another manner, any notice under this
Deed of Trust shall be in writing, may be sent by telefacsimile (unless otherwise required by law),
and shall be effective when actually delivered, or when deposited with a nationally recognized
overnight courier, or, if mailed, shall be deemed effective when deposited in the United States mail
first class, certified or registered mail, postage prepaid, directed to the addresses shown near the
beginning of this Deed of Trust. Any party may change its address for notices under this Deed of
Trust by giving formal written notice to the other parties, specifying that the purpose of the notice
is to change the party's address. All copies of notices of foreclosure from the holder of any lien
which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the
beginning of this Deed of Trust. Nothing contained in this Section 15, shall be interpreted or
construed as consent of Lender to Grantor's change of residence or a waiver of Grantor's promise
and obligation to occupy of the Property.
16. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part
of this Deed of Trust:
16.1 Amendments. This Deed of Trust, together with any Related Documents,
constitutes the entire and final understanding and agreement of the parties as to the matters set
forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective
unless given in writing and signed by the party or parties should be to be charged or bound by the
alteration or amendment.
16.2 Applicable Law. This Deed of Trust has been delivered to Lender and accepted by
Lender in the State of Washington. This Deed of Trust shall be governed by and construed in
accordance with the laws of the State of Washington.
16.3 Caption Headings. Caption headings in this Deed of Trust are for convenience
purposes only and are not to be used to interpret or define the provisions of this Deed of Trust.
16.4 Merger. There shall be no merger of the interest or estate created by this Deed of
Trust with any other interest or estate in the Property at any time held by or for the benefit of
Lender in any capacity, without the written consent of Lender.
16.5 Successors and Assigns Bound; Joint and Several Liability; Co-signers. The
covenants and agreements of this Deed of Trust shall bind and benefit the successors and assigns
of Lender and Grantor, subject to the provisions of paragraph 6. Grantor's covenants and
-agreements shall be joint and -several. Any Grantor -who -co-signs this Deed of Trust, but does not
execute the Note: (a) is co-signing this Deed of Trust only to mortgage, grant and convey the
Grantor's interest in the Property under the terms of this deed of Trust; (b) is not personally
obligated to pay the sums secured by this Deed of Trust; and (c) agrees that Lenders and any other
Grantor may agree to extend, modify, forbear or make any accommodations with regard to the
terms of this Deed of Trust or the Note without the Grantor's consent. All obligations of Grantor
under this Deed of Trust shall be joint and several, and all references to Grantor shall mean each
and every Grantor. This means that each of the persons signing below is responsible for all
obligations in this Deed of Trust.
16.6 Severability. If a court of competent jurisdiction finds any provision of this Deed
of Trust to be invalid or unenforceable as to any person or circumstance, such finding shall not
render that provision invalid or unenforceable as to any other persons or circumstances. If feasible,
any such offending provision shall be deemed to be modified to be within the limits of
enforceability or validity; however, if the offending provision cannot be so modified, it shall be
stricken and all other provisions of this Deed of Trust in all other respects shall remain valid and
enforceable.
16.7 Successor and Assigns. Subject to the limitations stated in this Deed of Trust on
transfer of Grantor's interest, this Deed of Trust shall be binding upon and inure to the benefit of
the parties, their successors and assigns. If ownership of the Property becomes vested in a person
other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with
reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without
releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness.
16.8 Grantor's Copy. Grantor shall be given a copy of the Note, of this Deed of Trust.
16.9 Waivers and Consents. Lender shall not be deemed to have waived any rights
under this Deed of Trust (or under the Related Documents) unless such waiver is in writing and
signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate
as a waiver of such right or any other right. A waiver by any party of a provision of this Deed of
Trust shall not constitute a waiver of or prejudice the party's right otherwise to demand strict
compliance with that provision or any other provision. No prior waiver by Lender, not any course
of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or any
of Grantor's obligations as to any future transactions. Whenever consent by Lender is required in
this Deed of Trust, the granting of such consent by Lender in any instance shall not constitute
continuing consent to subsequent instances where such consent is required.
16.10 Applicability. This Deed of Trust applies to, inures to the benefit of, and is binding
not only on the parties hereto, but on their heirs, devisees, legatees, administrators, executors,
successors and assigns. The term Lender shall mean the holder and owner of the Note secured
hereby, whether or not named as Lender herein.
EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF
THIS DEED OF TRUST, AND EACH GRANTOR AGREES TO ITS TERMS.
[signatures to follow]
GRANTOR(S):
Signature
Margo Wenstad
Printed Name
STATE OF WASHINGTON )
ss.
COUNTY OF 1 )
On this day personally appeared before me, Margo Wenstad, to me known to be the individual
described in and who executed the foregoing instrument, and on oath swore that she executed the
foregoing instrument as her free and voluntary act and deed for the uses and purposes therein
mentioned.
GIVEN my hand and official seal this (0 day of 0
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eFe d e ra I Wa CITY HALL
33325 8th Avenue South
�/ Federal Way, WA 98003-6325
(253)835-7000
www cityoffederalway com
EXHIBIT D
HOMEOWNER & CONTRACTOR AGREEMENT FOR
HOUSINGREPAIR PROGRAM
ROOF REPAIR
This Housing Repair Program ("HRP") Contractor Agreement ("Agreement") is made between the Margo
Wenstad ("Homeowner"), and Northwest Roof Service, Inc., a Washington Corporation ("Contractor").
The Homeowner and Contractor (together "Parties") are located and do business at the below addresses
which shall be valid for any notice required under this Agreement:
Northwest Roof Service, Inc.:
Allen Merrill
801 Central Ave N
Kent, WA 98032
253-859-0903 (telephone)
253-850-3580 (facsimile)
.com
The Parties agree as follows:
1. RECITALS.
HOMEOWNER:
Margo Wenstad
32820 20th Ave S #59
Federal Way, WA 98003
206-235-0202 (telephone)
1.1 Homeowner is the owner of residential real property located at 32820 20th Ave S #59,
Federal Way, WA 98003 ("Property").
1.2 Homeowner and the City of Federal Way ("City" or "Lender") have agreed that
Homeowner will borrow money from Lender, and Lender will lend money to Homeowner, to rehabilitate
the Property.
1.3 Lender, acting through the City of Federal Way Housing Repair Programs, in the operation
of its program of housing rehabilitation loans, is involved in the Project, as defined below, in its limited
role as a lender administering home rehabilitation loans.
1.4 The Homeowner has selected and agreed to hire the Contractor, and the Contractor has
agreed to engagement by the Homeowner, to accomplish the rehabilitation Work on the Property.
1.5 Homeowner wishes to hire Contractor, and Contractor wishes to work for Homeowner, with
regard to certain general contractor services on the Property pursuant to the terms and conditions set forth
below.
1.6 Contractor is a general contractor registered in the State of Washington.
2. DEFINITIONS.
HRP Homeowners Loan Agreement 27
10/2021
CIT
AIII Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway com
2.1 Certificate of Acceptance shall mean a written statement issued by the City and signed by
the City's inspector to be delivered to the Homeowner for execution stating that all Work has been
generally completed in accordance with the Work Write-up for an Identified Project.
2.2 Changer shall mean an amendment to the Work and/or Contract Price pertaining to an
Identified Project, submitted by Contractor and approved by a Homeowner and the City in accordance with
the Project Documents and the HRP Guidelines.
2.3 City shall mean the City of Federal Way, and shall include its various departments, officers,
employees, legal representatives, agents, and third party vendors.
2.4 Competitive Sealed Proposal shall refer to the project delivery method authorized by
Chapter 39.04 RCW and the adopted City of Federal Way Contract and Purchasing Manual, Chapter 5,
Section E (Limited Public Works Process) and required in connection with Reconstruction or
Rehabilitation Projects under the Housing Repair Program (HRP), except in the cases of emergency
conditions, at which time the City shall select a vendor based upon availability and/or price and as outlined
in the City of Federal Way Contract and Purchasing Manual, Chapter 2, Section D.
2.5 Contract Price shall mean the price to be paid by the City to the Contractor for the
performance of the Work in connection with an Identified Project. Any changes in the Contract Price shall
result only from authorized Change Orders. The Contract Price shall be paid in the form of a single payment
at the completion of the Work in accordance with the Notice to Proceed.
- 2.6 Contractor shall mean the -contractor designated in the introductory paragraph of this - -
Agreement. For Reconstruction Projects, the Contractor shall be selected utilizing the Competitive Sealed
Proposal method, with sealed work plans and specifications in accordance with applicable laws and
procedures, including the HRP Guidelines.
2.7 Contractor's Application for _Payment shall mean that certain Application and Certificate
for Payment submitted by Contractor requesting payment in accordance with the Notice to Proceed. Such
Contactor's Application for Payment shall reflect the cost for successful delivery of the entire Work
completed by Contractor, shall include the notarized signature of the Contractor, and otherwise be in form
and substance acceptable to the City.
2.8 HRP shall mean the City's Housing Repair Program, funded by the Community
Development Block Grant Program and being implemented by the City pursuant to Grant No. B-12-MC-
53-0015 between the City and the U.S. Department of Housing and Urban Development.
2.9 HRP Guidelines shall mean Housing Repair Guidelines adopted by CSD Community
Services Division.
2.10 CSD shall mean the City's Community Services Division.
2.11 Homeowner shall mean a Homeowner of a Residence that qualifies under the HRP for the
Rehabilitation of its Residence located on the Homeowner's Property.
HRP Homeowners Loan Agreement 28 10/2021
CITY OF
4w Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
www cityoffederalway com
2.12 Homeowner Loan Agreement shall mean the agreement by and between a Homeowner and
the City, governing and executed in connection with an Identified Project.
2.13 Homeowner's Property shall mean the land of a Homeowner, all rights and appurtenances
thereto; all improvements now or hereafter attached to the land or improvements, and all substitutions and
replacements thereof, and additions and successions thereto.
2.14 HUD shall mean the U.S. Department of Housing and Urban Development and any
successor government agency.
2.15 Identified Project shall mean the Rehabilitation of a specified Residence located on a
specified Homeowner's Property pursuant to the HRP. The Identified Project shall be subject to and
governed by the terms and provisions of this Agreement and the Project Documents.
2.16 Manager shall mean the Manager of CSD or any other person(s) that may be designated to
perform the various functions assigned to the Manager.
2.17 Notice to Proceed shall mean the written authorization issued by the City for the Contractor
to proceed with the Work set forth in the Work Write-up for an Identified Project.
2.18 Payment Request shall mean the form prepared, signed and submitted to CSD by the
Contractor. The Payment Request shall reflect the value of all the completed and approved Work on the
specified line items by trade, the total of the line -item cost of all of the completed Work by trade listed.
2.19 Plans and Specifications shall mean a detailed itemized list approved by the City that
provides instructions to the Contractor for an Identified Project, which may include drawings as applicable.
Plans and Specifications may be amended by authorized Change Orders.
2.20 Project Documents shall mean this Agreement, the Homeowner Loan Agreement, the Plans
and Specifications, the Notice to Proceed, the Final Inspection Form, and all other documents pertaining
to, or executed in connection with, an Identified Project.
2.21 Rehabilitation Project shall mean those repairs required to remove life, health, or safety
hazards to a Residence on a Homeowner's Property.
2.22 Residence shall mean a single family detached dwelling located on, or to be rehabilitated
on a Homeowner's Property, or a unit in a multi -family ownership complex, such as a condominium.
2.23 Subcontractor shall mean any person or entity that, pursuant to this Agreement, will perform
Work at a Residence at the request of the Contractor.
2.24 Survey shall mean an identification of all relevant characteristics of a Homeowner's
Property, including but not limited to a Homeowner's Property location, the location of improvements, and
a description of a Homeowner's Property.
2.25 Work shall mean the labor and the materials necessary to complete the Identified Project
pursuant to the Project Documents.
HRP Homeowners Loan Agreement 29 10/2021
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
vvww cityoffederalway com
2.26 Work Write-up shall mean the form that specifies and quantifies the Work to be done in
connection with an Identified Project, and includes the Plans and Specifications.
3. ,TERM. The term of this Agreement shall commence upon the effective date of this Agreement,
which shall be the date of mutual execution, and shall continue until the completion of the Work and the
expiration of all warranties related to the Work ("Term"). This Agreement may be extended for additional
periods of time upon the mutual written agreement of the Homeowner, the Contractor, and the City.
4. WORK.
4.1 Work. The Contractor shall provide goods, materials, labor and services and otherwise
perform the work more specifically described in Attachment A, attached hereto and incorporated by this
reference ("Work" or "Identified Project"), performed to the Homeowner and City's satisfaction, within
the time period prescribed by the Homeowner and City.
4.2 Side Agreements. All work to be performed and all specifications pertaining thereto will
be identified in the Project Documents. CONTRACTOR SHALL PERFORM NO OTHER WORK
UNLESS CHANGE ORDERS FOR ADDITIONAL WORK OR MATERIALS ARE ISSUED IN
ACCORDANCE WITH THIS AGREEMENT AND THE PROJECT DOCUMENTS. All properly
approved and executed Change Orders shall be made a part of Project Documents. The Contractor agrees
not to enter into any side agreements for additional work or materials for a Residence over and above
those specified in the Work Write-up, where such labor is to be performed or material to be supplied or
installed prior to the issuance of a Certificate of Acceptance.
4.3 Warranties. The Contractor warrants that it has the requisite training, skill, and experience
necessary to provide the Work and is appropriately accredited and licensed by all applicable agencies and
governmental entities, including but not limited to obtaining a City of Federal Way business registration.
The Contractor warrants it will provide services in a manner consistent with the accepted practices for
other similar services within the Puget Sound region in effect at the time those services are performed. The
Contractor warrants goods are merchantable, are fit for the particular purpose for which they were obtained,
and will perform in accordance with their specifications and Contractor's representations to Homeowner
and the City. The Contractor shall, at its sole cost and expense, correct all Work performed which the
Homeowner and the City deems to have defects in workmanship and material discovered within one (1)
year after the Homeowner and the City's final acceptance of the Work. This Agreement is subject to all
warranty provisions established under the Uniform Commercial Code, Title 62A RCW. The Contractor,
shall furnish the Homeowner and the City with all manufacturer's and supplier's written guarantees,
warranties and operating instructions covering materials and equipment furnished under the Project
Documents for each Identified Project, together with any documentation required for validation. In the
event any part of the goods is repaired, only original replacement parts shall be used; rebuilt or used parts
are not acceptable. When defects are corrected, the warranty for that portion of the work shall extend for
one (1) year from the date such correction is completed and accepted by the Homeowner and the City. The
Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from
the Homeowner and the City of the defect at no additional expense to the City or the Homeowner. If the
Contractor does not accomplish the corrections within a reasonable time as determined by the City, the
City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to
accomplish the correction.
HRP Homeowners Loan Agreement 30 10/2021
4% CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
www cityoffederalway com
4.4 Completion Date, Time, and Inspection. The Work to be performed in connection with each
Identified Project shall commence on the date specified in the Notice to Proceed issued in connection with
such Identified Project. The Work shall be completed within the time period specified in said Notice to
Proceed. The Work shall not be deemed completed until the City has accepted the Work. Work shall be
subject, at all times, to observation and inspection by and with approval of the Homeowner and the City,
but the making (or failure or delay in making) of such inspection or approval shall not relieve Contractor
of responsibility for performance of the Work in accordance with this Agreement, notwithstanding the
City's knowledge of defective or non -complying performance, its substantiality, or the ease of its
discovery.
4.5 Clean Up. At any time ordered by the Homeowner and the City and immediately after
completion of the Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused
materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary
clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs
thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from
any remaining payments due to the Contractor.
5. TERMINATION.
5.1 Termination with Cause.
5.1.1 The Homeowner and the City may terminate this Agreement for cause by giving
written notice to the Contractor under -any of the following circumstances:
a. If Contractor neglects to perform the Work in connection with the Identified Project
properly, or in a timely manner, or refuses or neglects to supply proper or sufficient materials or workers,
or fails to perform any provision of any of the Project Documents pertaining to the Identified Project;
b. If Contractor is adjudged bankrupt, makes a general assignment for the benefit of
his creditors, or if a receiver is appointed on account of insolvency;
c. If Contractor fails to make prompt payment to any Subcontractor for material or
labor; or
d. Contractor violates any public law or ordinance.
5.1.2. If the Homeowner and the City terminate this Agreement for cause, the Homeowner
and the City may take possession of the Identified Project site or sites and utilize any and all materials and
appliances to be provided under the respective Project Documents which are located on the site or sites to
finish the Work. The Homeowner and the City shall not prejudice any of the Homeowner and the City's
rights or remedies under this Agreement or the respective Project Documents, or by law, by terminating
this Agreement for cause or by taking possession of the site or sites.
5.1.3. In case of termination of this Agreement for the Identified Project for cause pursuant to this
subsection, the Contractor shall not be entitled to receive any payment for the Identified Project until the
Work for such Identified Project is completed. Upon completion of the Identified Project, the Contractor
shall be given any balance of the Contract Price less any damages and less the amount of expenses incurred
by the Homeowner and the City in finishing the Work for the Identified Project, including any costs in
addition to or in excess of those originally contemplated in the Project Documents for the Identified Project.
HRP Homeowners Loan Agreement 31 10/2021
CIT
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way. WA 98003-6325
(253) 835-7000
www d1yoffederalway com
If the cost in completing the Work for the Identified Project is greater than the original Contract Price, the
Contractor shall pay the difference to the Homeowner and the City upon ten (10) days' written demand.
5.2 Termination Without Cause. The Homeowner and the City may terminate this Agreement
in its entirety for the Identified Project without cause by giving written notice of said termination to the
Contractor. In case of termination of this Agreement in its entirety for the Identified Project without cause
pursuant to this subsection, the Contractor shall submit its final statement for all Work performed through
the date of termination for the respective Identified Project or, in the case of the termination of this
Agreement in its entirety, which shall be payable in the manner provided in Section 6 of this Agreement.
5.3 Acceptance of Inferior Work. In connection with the Identified Project, the Homeowner and
the City may accept Work that appears to be incorrect if, in the City's opinion, it is impractical to have the
Work corrected. In such case, the Homeowner and the City does not waive the defect, but rather may
deduct a reasonable amount for the loss sustained from the Contract Price for said Identified Project. This
subsection is not intended to limit the right of the Homeowner and the City to recover additional damages
as may be permitted under this Agreement, the respective Project Documents, or by law.
5.4 Cessation of Work. Upon receipt of a notice to terminate from the Homeowner and the City,
the Contractor shall discontinue all Work under this Agreement and all Project Documents for the
Identified Project, unless the notice specifies a later termination date or that specific Work be completed
prior to termination.
6. COMPENSATION AND APPROVAL OF WORK.
6.1 Contract Price. In return for the Work, the City shall pay the Contractor on behalf of the
Homeowner an amount not to exceed a maximum amount and according to a rate or method as delineated
in Attachment B, attached hereto and incorporated by this reference. The Contractor agrees that any hourly
or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s)
for the Term. Except as otherwise provided in Attachment B, the Contractor shall solely be responsible for
the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment
of this Agreement.
6.2 Change Orders. If the Contractor determines that a change in the Work or Contract Price is
required; the Contractor may submit an estimate for increases or decreases due to such change. The
Homeowner and the City shall review the requested change. If the Homeowner and the City elects to
authorize the change, the Homeowner and the City will compute the reduction from or addition to the
Contract Price due to said change and will authorize such change in writing by the issuance of a Change
Order. The Contractor will not, and shall not have any obligation to, perform any change in the Work until
a Change Order has been authorized and issued by the Homeowner and the City. Under no circumstances
may the amount of the Contract Price, plus Change Orders exceed the maximum amount of assistance
authorized under the HRP Guidelines.
6.3 Method of Payment. Once the Work has been completed, the Contractor shall submit a
Payment Request in the form specified by the City, including a description of what Work have been
performed, the name of the personnel performing such Work, and any hourly labor charge rate for such
personnel. The Contractor will then schedule and conduct a walk-through inspection of the Residence
together with the Homeowner, the City, and the Contractor. During the final inspection, the City's inspector
HRP Homeowners Loan Agreement 32 10/2021
CITY OF
411%�Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
www atyoffederalway com
will prepare a field report in which the City's inspector determines whether the Work has been satisfactorily
completed in accordance with the Project Documents. He will discuss the warranty and any other
outstanding issues with the Homeowner. The City's inspector and the Homeowner will make a list of items
that are in need of correction or completion, based upon the Project Documents (the "Punch List"). The
City's inspector will provide the Homeowner and Contractor with a copy of the Punch List. The Contractor
will schedule and complete the Work on the Punch List within five (5) days of receipt thereof. When the
Work on the Punch List is complete, the Contractor, Homeowner and City's inspector will verify that all
such Work has been completed. Upon completion of all Work on the Punch List and verification of the
completion by the Contractor, the City's Inspector and the Homeowner, the City's Inspector will sign and
forward the Payment Request for the final payment to the City CSD office for processing and payment,
which final payment will be made to the Contractor after thirty (30) days from the date of the Payment
Request. If the Work does not meet the requirements of this Agreement, the Contractor will correct or
modify the work to comply with the Agreement. The City may withhold payment for such Work until the
Work meets the requirements of the Agreement.
6.4 Defective or Unauthorized Work. If any goods, materials, or services provided under this
Agreement are either defective, unauthorized, or otherwise do not meet the requirements of this
Agreement, the Contractor will correct or modify the work to comply with the Agreement, and the
Homeowner and the City reserves the right to withhold payment from the Contractor until the goods,
materials, or services are acceptable to the Homeowner and the City. If the Contractor is unable, for any
reason, to complete any part of this Agreement, the Homeowner and the City may obtain the goods,
materials, or services from other sources, and the Contractor shall be liable to the Homeowner and the City
for any additional costs incurred by the Homeowner and the City. "Additional costs" shall mean all
reasonable -costs, -including legal costs and attorney -fees, incurred by the Homeowner and the Cityybeyorid — -
the maximum Contract Price specified above and in Attachment B. The Homeowner and the City further
reserve the right to deduct these additional costs incurred to fulfill this agreement with other sources, from
any and all amounts due or to become due the Contractor.
6.5 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the Homeowner and the City will not be
obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and
this Agreement will terminate upon the completion of all remaining Work for which funds are allocated.
No penalty or expense shall accrue to the Homeowner and the City in the event this provision applies.
6.6 Final Payment: Waiver of Claims. Contractor's acceptance of final payment shall constitute
a waiver of any and all claims, except those previously and properly made and identified by Contractor as
unsettled at the time request for final payment is made.
7. INDEMNIFICATION.
7.1 Contractor Indemnification. The Contractor agrees to release indemnify, defend, and hold
the Homeowner and the City, its elected officials, officers, employees, agents, representatives, insurers,
attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action,
arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines,
fees, penalties expenses, attorneys' fees, costs, and/or litigation expenses to or by any and all persons or
entities, including, without limitation, their respective agents, licensees, or representatives, arising from,
resulting from, or in connection with this Agreement or the performance of this Agreement, except for that
HRP Homeowners Loan Agreement 33 10/2021
CITY OF
400 Federal Way
CITY HALL
33325 8th Avenue South
Federal Way. WA 98003-6325
(253) 835-7000
www cityoffederalway com
portion of the claims caused by the Homeowner and the City's sole negligence. Should a court of competent
jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for
damages arising out of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Contractor and the Homeowner and the City, the Contractor's liability
hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub-
contractor shall agree to defend and indemnify the Homeowner and the City, its elected officials, officers,
employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms
and conditions as the Contractor pursuant to this paragraph. The Homeowner and the City's inspection or
acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these
covenants of indemnification.
7.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the
Contractor waives any immunity that may be granted to it under the Washington State industrial insurance
act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not
be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or
by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or
programs. The Parties further acknowledge that they have mutually negotiated this waiver.
7.3 Homeowner and City Indemnification. The Homeowner and the City agree to release,
indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees,
agents, representatives, and subcontractors harmless from any and all claims, demands, actions, suits,
causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities,
losses, fines, fees, penalties expenses, attorneys' fees, costs, and/or litigation expenses to or by any and all
persons or entities; -including without limitation,- their respective -agents,, -licensees, or representatives,
arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent
acts, errors, or omissions of the Homeowner and the City.
7.4 Survival. The provisions of this Section shall survive the expiration or termination of this
Agreement with respect to any event occurring prior to such expiration or termination.
8. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in
connection with the performance of the services or work by the Contractor, their agents, representatives,
employees or subcontractors performed under the Project Documents for the Identified Project for the
duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or
termination as follows:
8.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance,
in such forms and with such carriers who have a rating that is satisfactory to the City:
a. Commercial general liability insurance covering liability arising from premises,
operations, independent contractors, products -completed operations, stop gap liability, personal injury,
bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an
insured contract with limits no less than $2,000,000 for each occurrence and $2,000,000 general aggregate.
b. Workers' compensation and employer's liability insurance in amounts sufficient
pursuant to the laws of the State of Washington;
C. Automobile liability insurance covering all owned, non -owned, hired and leased
vehicles with a minimum combined single limits in the minimum amounts required to drive under
HRP Homeowners Loan Agreement 34 10/2021
CITY OF
At
� . Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
mvw crtyoffederalway com
Washington State law per accident for bodily injury, including personal injury or death, and property
damage.
8.2. No Limit of Liability. Contractor's maintenance of insurance as required by the agreement
shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance,
or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's
insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or
insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not
contribute with Contractor's insurance.
8.3. Additional Insured, Verification. The City shall be named as additional insured on all
commercial general liability insurance policies. Concurrent with the execution of this Agreement,
Contractor shall provide certificates of insurance for all commercial general liability policies attached
hereto as Attachment C and incorporated by this reference. At City's request, Contractor shall furnish the
City with copies of all insurance policies and with evidence of payment of premiums or fees of such
policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail
coverage for a minimum period of three (3) years from the date this Agreement is terminated or upon
project completion and acceptance by the City.
8.4 Survival. The provisions of this Section shall survive the expiration or termination of this
Agreement.
9. CONFIDENTIALITY. All information regarding the City obtained by Contractor in its
performance of this Agreement shall be considered confidential subject to applicable laws. Breach of
confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the
City to the Contractor will be safeguarded by the Contractor. The -Contractor will fully cooperate with -the
City in identifying, assembling, and providing records in case of any public records request.
10. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts,
designs, design specifications, records, files, computer disks, magnetic media or material which may be
produced or modified by Contractor while performing the Work shall belong to the City upon delivery.
The Contractor shall make such data, documents, and files available to the City and shall deliver all needed
or contracted for work product upon the City's request. At the expiration or termination of this Agreement,
all originals and copies of any such work product remaining in the possession of Contractor shall be
delivered to the City.
11. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents
which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work
and maintain such accounting procedures and practices as may be deemed necessary by the City to assure
proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all
reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor,
or other governmental officials authorized by law to monitor this Agreement.
12. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS.
12.1 Independence. The Parties intend that the Contractor shall be an independent contractor and
that the Contractor has the ability to control and direct the performance and details of its work, the City
being interested only in the results obtained under this Agreement. The City shall be neither liable nor
obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any
HRP Homeowners Loan Agreement 35 10/2021
CITY OF
� . Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
www cityoffederalway corn
social security, income, or other tax which may arise as an incident of employment, except as specifically
provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City,
regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be
deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or
if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required
form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any
losses the City may sustain through the Contractor's failure to do so.
12.2 Safety. Contractor shall take all necessary precautions and shall be responsible for the safety
of its employees, agents, and subcontractors at the work site and in the performance of the contract work
and shall utilize all protection necessary for that purpose. Contractor shall comply with all applicable
provisions of federal, state, and local safety and health laws and codes, including without limitation, all
OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296-155
WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health
Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times: all necessary
guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of
its employees and the public; safe passageways at all road crossings, crosswalks, street intersections; and
post danger signs warning against known or unusual hazards and do all other things necessary to prevent
accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam, or other
pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by
the performance of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage
place for its materials and equipment and is solely responsible for the same.
12:3 - -Risk of Work. All work shall -be done at Contractor's own risk, and Contractor shall -be -
responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection
with the work. Industrial or any other insurance that is purchased for the benefit of the Homeowner and
the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall
not be deemed to convert this Agreement to an employment contract. Even though Contractor is an
independent contractor, the work must meet the approval of the City and shall be subject to the City's
general right of inspection to secure satisfactory completion.
13. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing
professional services during the Term for other parties; however, such performance of other services shall
not conflict with or interfere with Contractor's ability to perform the Services required under this
Agreement. Contractor agrees to resolve any such conflicts of interest in favor of the City and Homeowner.
Contractor confirms that Contractor does not have a business interest or a close family relationship with
the Homeowner or City officer or employee who was, is, or will be involved in the Contractor's selection,
negotiation, drafting, signing, administration, or evaluation of the Contractor's performance.
HRP Homeowners Loan Agreement 36 10/2021
Federal Way
CITY OF
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
www cityoffederalway com
14. VL1AL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and
employment made possible by or resulting from this Agreement or any subcontract, there shall be no
discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents,
subcontractors, or representatives against any person because of sex, age (except minimum age and
retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any
disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational
qualification in relationship to hiring and employment. This requirement shall apply to, but not be limited
to, the following: employment, advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall
not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans
With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any
other applicable federal, state, or local law or regulation regarding nondiscrimination.
15. DEBARMENT AND SUSPENSION. Contractor certifies that the Contractor, including any
person in a controlling capacity over the Contactor and any person in a position involving the
administration of this Agreement; is not currently under suspension, debarment, voluntary exclusion, or
determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily
excluded. or determined ineligible by any federal agency within the past three (3) years; does not have a
proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered
against said person, firm, association,or corporation by a court of competent jurisdiction in any matter
involving fraud or official misconduct within the past three (3) years (Executive Orders 12549 and 12689,
"Debarment and Suspension").
16. SUBCONTRACTS AND PURCHASES.
16.1 Subcontract Defined. "Subcontract" shall mean any contract, other than this Agreement,
between two entities to perform activities within the Scope of this Agreement, provided that the term
"subcontract" does not include the purchase of (1) support services not related to the subject matter of this
Agreement, or (2) supplies.
16.2 Approval Required. The Contractor shall not subcontract any portion of this Agreement
without City approval. Said approval must be sought in writing by the Contractor prior to executing a
subcontract. If the City approves in writing any subcontract, this Section shall nevertheless continue in full
force and effect. Any subcontract without prior approval shall be void and not reimbursable under this
contract.
17. GENERAL PROVISIONS.
17.1 Intemretation and Modification. This Agreement, together with any attached Exhibits,
contains all of the agreements of the Parties with respect to any matter covered or mentioned in this
Agreement and no prior statements or agreements, whether oral or written, shall be effective for any
purpose. Should any language in any Attachments to this Agreement conflict with any language in this
Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this
Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise
affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid,
inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and
HRP Homeowners Loan Agreement 37 10/2021
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
www ciryoffederahvay com
such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective
date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms
of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this
Agreement, including this provision, may be amended, waived, or modified except by written agreement
signed by duly authorized representatives of the Parties.
17.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to
transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior
written consent of the other Party. If the non -assigning party gives its consent to any assignment, the terms
of this Agreement shall continue in full force and effect and no further assignment shall be made without
additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to
the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement
is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity
shall have any right of action or interest in this Agreement based on any provision set forth herein.
17.3 Applicable Law. This Agreement is subject to all laws, regulations, and ordinances of the
United States of America, the State of Washington, and the City, and all rules and regulations of any
regulatory body or office having jurisdiction and in particular, without limitation, the federal regulations
codified at 24 CFR Parts 92 and 570.
17.4 Compliance with Laws. The Contractor shall comply with and perform the Services in
accordance with all applicable federal, state, local, and city laws including, without limitation, all City
codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter
amended adopted; or made effective. Ifa violation of the City's Ethics Resolution No. 91-54 as amended,
occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null
and void, at the City's sole option.
17.5 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in
which performance is a factor. Adherence to completion dates set forth in the description of the Work is
essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties
shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be
delivered personally to the addressee of the notice or may be deposited in the United States mail, postage
prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed
received three (3) days after the date of mailing. Any remedies provided for under the terms of this
Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to
the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of
the covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in fall force and effect. Failure or delay
of the City'to declare any breach or default immediately upon occurrence shall not waive such breach or
default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to
declare another breach or default. This Agreement shall be made in, governed by, and interpreted in
accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute,
difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference,
or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative process. If the King County
Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate
HRP Homeowners Loan Agreement 38 10/2021
CITY OF
... Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
www cilyoffederahvay com
court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal
courts in King County, Washington and waives any objection that such courts are an inconvenient forum.
If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal
costs and attorneys' fees and expenses incurred in defending or bringing such claim or lawsuit, including
all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this
paragraph shall be construed to limit the Parties' rights to indemnification under Section 7 of this
Agreement.
17.6 Execution. Each individual executing this Agreement on behalf of the City and Contractor
represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This
Agreement may be executed in any number of counterparts, each of which shall be deemed an original and
with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be
construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary
to produce one such counterpart. The signature and acknowledgment pages from such counterparts may
be assembled together to form a single instrument comprised of all pages of this Agreement and a complete
set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have
executed a counterpart of this Agreement shall be the "date of mutual execution" hereof.
[Signature page follows]
HRP Homeowners Loan Agreement 39 10/2021
4% CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
www cityoffederahvay com
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
Signature M Wenstad
1
Date
STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this day personally appeared before me, Margo Wenstad , to me known to be the individual(s) described
in and who executed the foregoing instrument, and on oath swore that she executed the foregoing
instrument as her free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN my hared and official seat this day of �,r'17 ] , 209�
.'y�t1\�M11►1�1�i�1
_-_ti �R,E`.MgR i►►► Notary's signature—
_ ��ok ��+,,5'Sy►►►r� Notary's printed name 1 s L
'o�=oia,q�% .,f�C* tar J%ubjl in and for the State of
176970 �' = Wa ;t1g.
to , .0VB4.(j � a _= My commission expires ��
3.19AZ —
y►►►��1� �F WAS'������
HRP Homeowners Loan Agreement 40 10/2021
4% CITY or
CITY HALL
Fe d e ra [ Way
Feder 8th y. WA South
Federal W WA 98003-6325
(253)835-7000
www cityoffederalwey coin
Northwest Roof Service, Inc.
By: n I /
Printed Name: ht lie V'
Title: dnc� _SC(�e I a±
DATE: 17r 0 IJL-d�
STATE OF WASHINGTON
) ss.
COUNTY OF K I
On this day personally appeared before me y1j.� to me known to be the
�w ` �� of that executed the foregoing
inshmment and acknowledged the said instrument to be the free and voluntary ecthnil deed of said corporation, for
the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument
and that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this day of �� 20a'Z,2
Notary's signature
Notary's printed name
Notary Public in and or the State of Washington.
My commission expires_l1� d.�
HRP Homeowners Loan Agreement 41 10/2021
CITY OF
� Federal Allay
ATTACHMENT A
WORK
Identified Project
Project Number: 022-300
Scope:
Tear -off existing roof and install a new composition Roof System
Type of Roof. 1-3 tab roofing
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
www cityoffederalway com
— Prepare grounds as necessary for tear off. (to include coning off work area and protecting
landscaping.
2 — Tear off existing roof system down to decking and dispose of at a proper facility in container
provided by NWRS.
3 — Inspect the area with the (sag) dip and remove sheeting and repair rafters and install new sheeting.
4 — Install new 26 gauge starter metal at all gutter edges.
5 — Install two (2) layers of 151b ASTM underlayment to entire roof deck.
6 — Install 2" drip metal on rake edges to conceal raw edges of plywood.
7 — Install W-Metal in both valleys.
8 — Install Malarkey Highlander AR shingles over felt paper at 5-5/8" weather exposure (all roofing to be
nailed).
9 — Install new no -caulk flashings over pipes.
10 - Replace all vents along ridgeline.
11 — Add flapper vents into the roof system for bathroom and laundry room fans as necessary (exterior
vent only).
12 — Install Malarkey ridge cap to all hips and ridges.
13 — Clean gutters and remove all equipment and debris promptly.
14 — On a daily basis, all debris generated by NWRS will be cleaned up and/or organized in a
professional manner.
At such time the contract price has been paid in full, and upon following manufacture maintenance recommendations, the
installation workmanship on the specifications outlined above will be guaranteed for a period of 5 years and the shingles
warranted for limited lifetime.
HRP Homeowners Loan Agreement 43 10/2021
CITY OF CITY HALL
Federal Wa33325 Sth Avenue South
I
FederaWay, WA 98003-6325
(253)835-7000
www ci" federa/way com
ATTACHMENT B
COMPENSATION
Total Compensation: In return for the Work, the City shall pay the Contractor an amount not to exceed
Seventeen Thousand Three Hundred Seventy and 25 /100 Dollars ($17,370.25), which includes a base
bid of Sixteen Thousand Eight Hundred Two_and75/100 Dollars ($16,802.75) and a 10 percent
contingency. The contingency may be paid for unforseen repairs but only if the repairs are approved by
City of Federal Way Housing Repair staff.
HRP Homeowners Loan Agreement 44 10/2021
CITY OF
Federal Way
ATTACHMENT C.
INSURANCE CERTIFICATE
(to be provided by Contractor)
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
www cityo/federelway com
HRP Homeowners Loan Agreement 45 10/2021
OP ID: BW
CERTIFICATE OF LIABILITY INSURANCE F
DATE (,,,p,UDDI
12l2112021 21
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER,
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
Gunning & Associates, Inc. PHONt FAx
14030 NE 24th St. [AIC. Na. Ertl: AiC Na
Bellevue, WA98007 E-MWL
Beck L Wit ADDREssc
Y Witty cu-sinCFa to b- NWR0001
INSURERS) AFFORDING COVERAGE I NAIC 10
INSURED Northwest Roof Service, Inc. INSURER A: United Specialty Ins Co A IX� 112537
801 Central Avenue North INSURER B: Travelers Cas Ins Co of Amer '19046
Kent, WA 98032
INSURERC: I
INSURER D .
INSURER E :
INSURER F ;
r_0VFRAfsFS C:FRTIFIf'ATF Nl1MRFR RFi/ICIf1tJAnitdExsl=[a•
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOVVN MAY HAVE BEEN REDUCED BY PAID CLAIMS
ILT R TYPE OF INSURANCE
LTR
IA7
6"rii
i
POLICY EFF OLICY EXP
POLICY NUMBER MMDDIYYYY NIIDDlYYY
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
J S 1,000,000
A COhMVEH-C)AL GENERAL LIABILITY
X
ATN22101070 01/01/2022
01/0112023
DAMAGE TOREN ES Ea oCuuD ce
s 50,000
fX tCLAIMS-MADE nJOCCUR
.
MED EXP (Any one person)
S 5,000
WAStop Gap
PERSONAL& ADV INJURY
S 1,000,000
.QENFFALAGGREGATE
is 2,000,000
F;EN'LAGGREGATTE LIMITAPPLSES PER:
PRODUCTS -COMPIOPAGG
� 8 2,000,000
POLICY I X I PRO-JECT
4
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
S 1+-000po
B ANY AUTO
I(
BA-7R199217 01/01/2022
(Ea accident) - - f
01101120231
�_X
BODILY INJURY (Per person) S
I ALL OWNED AUTOS
SCHEDULED AUTOS
VBODILY INJURY (Per accident) f S
-
�-
I PROPERTY DAMAGEI
S
( J', HIREDAUTOS
: (PER ACCIDENT)
X NON-OWNEDAUTOS
~I S
S
i EACH OCCURRENCE I S
UMBRELLA LIAB OCCUR
'} EXCESS LIAR HCLAINIS-MDE1I
AGGREGATE : S
DEDUCTIBLE
, 3
RETENTION S
i NICSTATU- 'OTH-`
1 ! T1'_(,IJ}jJT X ga
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
p
A
ANY PROPRIETORIPARTNERIEXECUTIVE YIN
OFFICER/bIEMBER EXCLUDE07 NIA
ATN22101070 1 01/01/2022j
01/0112023 E.L EACH ACCIDENT S 1,000,000
(Mandatory In NH)
EMPLOYERS LIABILITY
t
E.L. DISEASE - EAEhWLOYEE: 3 1,f]00,000
If yes, describe under
DESCRIPTION OF OPERATIONS belovr I
(
E.L DISEASE -POLICY LIMIT S 1,000,000
_
DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101. Adsl.-tional Remarks Schedule, it more space is required)
Certificate Holder is Additional Insured as respects work performed by
the Named Insured per attached CG2010 0413.
t,LKIIFIGAI t HULUtK UANL:ELLAI TUN
CITY017
City of Federal Way
Emergency Housing Repair
Program
33325 8th Avenue South
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Becky L Witty
O 1988-2009 ACORD CORPORATION. All rights reserved.
ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD
POLICY NUMBER:ATN221 01 070
COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Locations Of Covered Operations
As Required By Written Contract, Fully As Required By Written Contract, Fully
Executed Prior To The Named Insureds Work Executed Prior To The Named Insured's
Work
Information required to complete this. Schedule, if not shown above, ,^Jil be shown in the Declarations. I
A. Section 11 — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property
damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
CG =0 "i0 0 �i3 !nsu-a �c Se. ,«_.. "'i,._ 20 i! Page 1 o,
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section Ill — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
Page 2 of 2 0 ins= zu�. Se,rv;ces Office. inc., 2012 CG 20 10 04 13