AG 13-041RETURN TO: Brook Lindquist EXT: x2401
CITY OF FEDERI _�, WAY LAW DEPARTMEN _ �ZOU�l��i �'C�!�� ��
1. ORIGINATING DEPT./DIV: CED/COMMUNITY SERVICES DEPARTMENT
2. ORIGINATING STAFF PERSON: _Bxoox LnvDQu�sT EXT: _x2401_ 3. DATE REQ. BY:
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
❑ CONTRACTAMENDMENT(AG#): ❑ INTERLOCAL
X OTHER PROMISSORY NOTE
S. PROJECT NAME: CANDELARIO FIERRO AND MARY RYAN-FIERRO PROMISSORY NOTE
6. NAME OF CONTRACTOR: CANDELARIO FIERRO AND MARY RYAN-FIERRO
ADDRESS: 2101 S. 324�' STREET #47, FEDERAL WAY, WA 98003 TELEPHONE N/A
E-MAIL: N/A FAX: N/A
SIGNATURE NAME: CANDELARIO FIERRO AND MARY RYAN-FIERRO TITLE OWNER
7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, woxx ox SExvICES ❑ Co1vlPEtvsa'rtoN � INSURANCE REQUIREMENTS/CERTIFICATE X ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE: 02/12/2013 COMPLETION DATE: 02/12/2018
TOTAL COMPENSATION $_N/A (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES XNO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑ YES X NO IF YES, $ PAID BY: ❑ CONTRACTOR O CITY
❑ PURCHASING: PLEASE CHARGE TO: N/A
10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED
❑ PROJECT MANAGER
❑ DIRECTOR
❑ RISK MANAGEMENT (tF ,v�PLtCASI.E)
❑ LAW � 7 • � �� ' (-����
11. COUNCILAPPROVAL (tF APPL1C.qs1,E) COMMITTEE APPROVAL DATE:
INITIAL / DATE APPROVED
COUNCIL APPROVAL DATE:
12. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
� LAW DEPARTMENT
❑ SIGNATORY (MAYOR OR DIRECTOR)
O CITY CLERK
❑ ASSIGNED AG#
� SIGNED COPY RETURNED
COMMENTS:
0
AG# 13_
DATE SENT:
,�
11/9
GTY OF CITY HALL
� Federa 1 Wa 33325 8th Avenue South
�/ �/ Federai Way, WA 98p03-6325
j (253)835-i000
www c,ryoffeaeranrey cvm
PROMISSORY NOTE
City of Federal Way Emergency Housing Repair Program (EHRP)
LENDER:
BORROWER:
City of Federal Way, a Municipal corporation
33325 8�'Avenue South
Federal Way, WA 98003 -
Candelario Fierro
Mary Ryan-Fierro
EHRP x�SIDENCE: 2101 S. 324�' Street #47
PRINCIPAL
AMOUNT:
LOAN DATE:
DUE DATE:
Federal Way, Washington 98003
$10,286.61
February 12, 2013
February 12, 2018
In consideration for the mutual undertakings and covenants contained in this Promissory
Note (the "Note"), Lender (also referred to hereinafter as the "City") and Borrower agree as
follows:
1. Purpose for Loan. Borrower has eligible to participate in Lender's Emergency Housing
Repair Program ("EHRP"), a program to assist eligible homeowners with emergency housing
problems that pose a combination of unforeseen circumstances that require immediate action to
protect the health and safety of its occupants or the neighborhood as a whole. The program is
funded by Community Development Block Grant funds that have been made available to the
City. Borrower's application for an Emergency 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, a Deed of Trust and a Closing Statement.
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 of $10,286.61, or such lesser sum 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 occws. In the event of Default, the entire unpaid balance of the Principal Amount as of
the date of Default shall immediately become due and payable and interest on the unpaid balance
shall commence to accrue at the "Default Interest Rate" on the date of Default.
PROMISSORY NOTE 10/2012
EMERGENCY HOUSING REPAIIi PROGRAM Page 1
CITY OF
'�,,,�..., Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)$35-7000
www aryoffederehvay com
5. Loan Account. All advances made to or on behalf of Borrower under this Note shall be
charged to a loan account in Borrower's name on Lender's books ("Loan Account") and Lender
shall debit to Borrower's Loan Account the amount of each advance, and credit the amount of
each repayment made by Borrower or "Forgiveness of Debt" granted by Lender.
6. Forgiveness of Debt. Commencing upon the date on which the Lender issues the last
advance of funds to or on behalf of Borrower under this Note (the "Repayment Commencement
Date"), Borrower shall be entitled to receive, and Lender shall grant, forgiveness of Twenty
Percent (20%) of the Principal Amount for each consecutive twelve-month period after the
Repayment Commencement Date (a "Repayment Year") that Borrower actually occupies the
Residence identified above as Borrower's principal place of residence. If Borrower resides in
the Residence for five (5) Repayrnent Years, the entire Principal Amount shall be forgiven and
this Note shall be satisfied in full. If Borrower fails for any reason to live in the Residence for
five (5) Repayment Years, this Note shall be in Default as of the date upon which Borrower no
longer resides in the Residence. For purposes of calculating the amount of forgiveness, if any, to
which Borrower may be entitled for the Repayment Year in which Borrower vacates the
Residence, the amount of forgiveness to which Borrower would be entitled for that Repayrnent
Year shall be prorated for the number of days that Borrower actually occupied the Residence in
that Repayment Year.
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 no longer occupies the Residence as Borrower's primary residence;
b. The Borrower sells the Residence or conveys the Residence in lieu foreclosure, or forfeits
the Residence in foreclosure, bankruptcy or other insolvency proceeding;
c. The Borrower makes, or is deemed to have made, any materially incorrect, false,
fraudulent or misleading representation, warranty or certificate to the Lender or makes, or is
deemed to have made, any materially incorrect, false, fraudulent, or misleading representation in
any statement or application to Lender in connection with Lender's consideration of Borrower's
EHRP application;
d. The Borrower defaults under the terms of this Note or the Deed of Trust granted in
connection herewith;
e. The Borrower is enjoined, restrained or in any way prevented by court order from
continuing to reside in the Residence;
f. 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;
g. The Borrower fails to maintain the Residence, commits waste upon the Residence
property or allows the Residence or Residence property to become a nuisance;
h. The Borrower (1) makes an assignment for the benefit of creditors, (2) consents to the
appointment of a custodian, receiver or trustee for itself or for a substantial part of its assets or
(3) commences, consents to the commencement or continuation of, or has commenced upon it,
PROMISSORY NOTE
EMERGENCY HOUSING REPAIIt PROGRAM
ioi2oi2
Page 2
CITY OF
,',�,,�. Federal
CITY HALL
W�� 33325 8th Avenue South
Federai Way, WA 98003-6325
(253)835-7000
www atyoffederahvey com
voluntarily or involuntarily, any proceeding under any bankruptcy, insolvency or similar laws of
any jurisdiction;
i. The Borrower defaults under the deed of trust executed in connection with this Note, it
being understood and agreed that this Note and the deed of trust shall be interpreted and
construed as a single integrated agreement between Lender and Borrower; or
j. The Borrower dies.
The term "Default Date" shall mean the date on which an Event of Default has occurred or the
date Borrower is no longer entitled to cure the Event of Default under the terms of this Note.
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 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 (i) waives presentment for payment,
demand, notice of non-payrnent, notice of protest or protest of this Note, (ii) waives Lender's
diligence in collection or bringing suit, and (iii) waives consent to any and all extensions of time,
renewals, waivers or modifications as may be granted by Lender with respect to payment or any
other provisions of this Note. The liability of the Borrower under this Note shall be absolute and
unconditional, without regard to the liability of any other party.
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.
PROMISSORY NOTE 10/2012
EMERGENCY HOUSING REPAIIi PROGRAM Page 3
CITY Of
, ',�,�..., Federal
CITY HALL
W�� 33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
wwwatyoffederalway com
16. Entire Agreement. Except as otherwise expressly provided in this Note, this Note and the
deed of trust constitute the entire agreement of the Borrower and the Lender relating to its
subject matter.
ORAL AGREEMENTS O�t ORAL COMMITMENTS TO LOAN MONEY. EXTEND
CREDIT. OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE
NOT ENFORCEABLE UNDER WASHINGTON LAW.
Agreed to and accepted by:
LENDER:
CITY OF FEDERAL WAY
ip Priest, ayor
AP ROVED AS O FORM:
o G� �
ity Att y, Patricia A Richardson
: � •�' � '
� i �.
,,�f, -v� '
- �-
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C'��'� � ��
Printed Name
ATTEST:
(� n I '
City Clerk, Carol McNeilly, MC
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�-
Signa e
�r r� ,4yi -�"i2v'r�
Print ame
STATE OF WASHINGTON )
� ) ss.
COUNTY OF _�� ) - ���-VY�
On this day personally appeared before me,C F�f.�'�I i`�i''� �% me known to be the
individual described in and who executed the foregoing instrument, on oath swore that he/she/they
executed the foregoing instruxnent as hislher/their free and voluntary act and deed for the uses and
purposes therein mentioned.
F�
;• �
��
GIVEN my hand and official seal this f G- day of 20�
�n► -
y�8"+E71y� � Notary�s signature -
�p'�q� �i� Notary s printed name
�p �� �'%, Notary Public in and for the State of Washin on.
.
% My commission expires �- — l�— 1�
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AVR1.�G �`.s �
10/2012
PROGRAM Page 4