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AG 15-228I I RETURN TO: Jeri -Lynn Clark EXT: 2401 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING 2. ORIGINATING 4. TYPE ❑ CONTRACTOR ❑ PUBLIC ❑ PROFESSIONAL ❑ GOODS ❑ REAL ❑ ORDINANCE ❑ CONTRACT ❑ OTHER 5. PROJECT 6. NAME 7. EXHIBITS 8. TERM: 9. TOTAL REIMBURSABLE IS SALES CITY ❑ PURCHASING: 10. DOCUMENT ❑ PROJECT ❑ DIRECTOR ❑ ISK y( LAW 11. COUNCIL 12. CONTRACT ❑ SENT ❑ ATTACH: ❑LAW , C SIGNATORY ❑ CITY ❑ ASSIGNED ❑ SIGNED COMMENTS: DEPT./DIV: CD /COMMUNITY SERVICES STAFF PERSON: JERI -LYNN CLARK EXT: 2401 3. DATE REQ. BY: OF DOCUMENT (CHECK ONE): SELECTION DOCUMENT (E.G, RFB, RFP, RFQ) WORKS CONTRACT ❑ SMALL SERVICE AGREEMENT ❑ MAINTENANCE AND SERVICE AGREEMENT ❑ HUMAN ESTATE DOCUMENT ❑ SECURITY ❑ RESOLUTION AMENDMENT (AG #): ❑ INTERLOCAL OR LIMITED PUBLIC WORKS CONTRACT AGREEMENT SERVICES / CDBG DOCUMENT (E.G. BOND RELATED DOCUMENTS) PROMISSORY NOTE NAME: ALEXSANDER C. GLADSTONE -BIG WOLF & MEMORIE F. GLADSTONE OF CONTRACTOR: ALEXSANDER C. GLADSTONE -BIG WOLF & MEMORIE F. GLADSTONE ADDRESS: 808 SW 304TH ST, FEDERAL WAY, WA 98023 TELEPHONE 206 930 -0963 E -MAIL: GLADSTONE_ALEX @YAHOO.COM FAX: N/A SIGNATURE NAME: ALEXSANDER C. GLADSTONE -BIG WOLF & MEMORIE F. GLADSTONE TITLE HOMEOWNER AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS LO 40 COMMENCEMENT DATE: DECEMBER/ 2014 COMPLETION DATE: DECEMBER 21, 2019 COMPENSATION $ 9,959.03 / (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR TAX OWED ❑ YES ❑ NO IF YES, $ OF EMPLOYEES TITLES AND HOLIDAY RATES) AMOUNT: $ PAID BY: ❑ CONTRACTOR ❑ PLEASE CHARGE TO: 119- 7300 - 996 - 594 -41 -410 /CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED MANAGER 5/ I t aY S MANAGEMENT (IF APPLICABLE) Ci Al( l APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL SIGNATURE ROUTING q TO VENDOR/CONTRACTOR DATE SENT: 1 DATE: COUNCIL APPROVAL DATE: DC I (� DATE REC'D: SIGNATURE AUTHORITY, INSURANCE CERTIFI ATE, LICENSES, EXHIBITS INITIAL / DATE SI NED DEPARTMENT j ' AVM �d F OF STAFF M W/ (MAYOR OR DIRECTOR) '.DZ`� CLERK MrdjWr i^ AG# AG# HMI COPY RETURNED DATE SENT: \\ El 11/9 '%CITY OF , Federal Way LENDER: CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityofiederatway corn PROMISSORY NOTE City of Federal Way Housing Repair Program (HRP) City of Federal Way, a Municipal corporation 33325 8thAvenue South Federal Way, WA 98003 BORROWER: Alexsander C. Gladstone - Bigwolf & Memorie F. Gladstone, Homeowner(s) HRP RESIDENCE: 808 SW 304th St Federal Way, WA 98023 PRINCIPAL $9,959.03 AMOUNT: LOAN DATE: December 6, 2014 DUE DATE: The earlier of "Default Date" or December 6, 2019 In consideration for the mutual undertakings and covenants contained in this Promissory Note (the "Note "), Lender (also referred to hereinafter as the "City ") and Borrower agree as follows: 1. Purpose for Loan. Borrower is eligible to participate in Lender's Housing Repair Program ( "HRP "), a program to assist eligible homeowners with home repair needs that maybe of an emergency nature due to unforeseen circumstances that require immediate action to protect the health and safety of its occupants, or that will improve the living conditions for the homeowner and enhance the surrounding neighborhood. The program is funded by Community Development Block Grant funds that have been made available to the City. Loan proceeds are being used to fund repairs and improvements at the borrower's principal residence. Borrower's application for a Housing Repair Program loan has been approved and the City is prepared to fund the loan upon Borrower's execution of the "Loan Documents," which include this Promissory Note and a Deed of Trust. 2. Promise to Pay. For value received, on or before the Due Date, Borrower, including its assigns and successors, promises to pay Lender in lawful money of the United States of America, at Lender's principal place of business, or such other place as Lender may designate in writing from time to time, the Principal Amount listed above and, as shall have been advanced by Lender to or on behalf of Borrower under this Note, plus interest (in the event of Default) as provided in this Note. 3. Interest Rate. The unpaid Principal Amount shall bear interest at the rate of Zero Percent (0 %) per annum (the "Effective Interest Rate ") unless or until a Default. 4. Payments. No payments will be required to be made on the Principal Amount unless or until a Default occurs. In the event of Default, the entire unpaid balance of the Principal Amount as of PROMISSORY NOTE 8/2015 HOUSING REPAIR PROGRAM Page 1 CITY OF ,�._ Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835-7000 www cityoffederalway corn the date of Default shall immediately become due and payable and interest on the unpaid balance shall commence to accrue at the "Default Interest Rate" on the date of Default. 5. Loan Account. All advances made to or on behalf of Borrower under this Note shall be charged to a loan account in Borrower's name on Lender's books ( "Loan Account ") and Lender shall debit to Borrower's Loan Account the amount of each advance, and credit the amount of each repayment made by Borrower or "Forgiveness of Debt" granted by Lender. 6. Forgiveness of Debt. Commencing upon the date on which the Lender issues the last advance of funds to, or on behalf of, Borrower under this Note (the "Repayment Commencement Date "), Borrower shall be entitled to receive, and Lender shall grant, forgiveness of Twenty Percent (20 %) of the Principal Amount for each consecutive twelve -month period after the Repayment Commencement Date (a "Repayment Year ") that Borrower actually occupies the Residence identified above as Borrower's principal place of residence. If Borrower resides in the Residence for five (5) Consecutive Repayment Years, the entire Principal Amount shall be forgiven and this Note shall be satisfied in full. If Borrower fails for any reason to live in the Residence for five (5) Repayment Years, this Note shall be in Default as of the date upon which Borrower no longer resides in the Residence. For purposes of calculating the amount of forgiveness, if any, to which Borrower may be entitled for the Repayment Year in which Borrower vacates the Residence, the amount of forgiveness to which Borrower would be entitled for that Repayment Year shall be prorated for the number of days that Borrower actually occupied the Residence in that Repayment Year. 7. Occupancy/Use. The property cannot be used as a rental home and must be the Borrowers primary residence. 8. Default. Upon the occurrence of any of the following events ( "Events of Default "), Lender, at its option, and without notice to Borrower, may declare the entire unpaid Principal Amount to be immediately due and payable: a. The Borrower rents out the home during the loan period. See Deed of Trust language 5.1. b. The Borrower fails to comply with City Codes and Land Use regulations. c. The Borrower no longer occupies the Residence as Borrower's primary residence; d. The Borrower sells the Residence or conveys the Residence in lieu foreclosure, or forfeits the Residence in foreclosure, bankruptcy or other insolvency proceeding; e. The Borrower makes, or is deemed to have made, any materially incorrect, false, fraudulent or misleading representation, warranty or certificate to the Lender, or makes, or is deemed to have made, any materially incorrect, false, fraudulent, or misleading representation in any statement or application to Lender in connection with Lender's consideration of Borrower's EHRP application; f. The Borrower defaults under the terms of this Note or the Deed of Trust granted in connection herewith; g. The Borrower is enjoined, restrained or in any way prevented by court order from continuing to reside in the Residence; h. Formal charges are filed against the Borrower under any federal, state or municipal statute, law or ordinance for which forfeiture of the Residence is a potential penalty, or the Residence is in fact so seized or forfeited; PROMISSORY NOTE 8/2015 HOUSING REPAIR PROGRAM Page 2 CITY OF �.., Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835-7000 www c#yoffederalway com i. The Borrower fails to maintain the Residence, commits waste upon the Residence property or allows the Residence or Residence property to become a nuisance; j. The Borrower (1) makes an assignment for the benefit of creditors, (2) consents to the appointment of a custodian, receiver or trustee for itself or for a substantial part of its assets or (3) commences, consents to the commencement or continuation of, or has commenced upon it, voluntarily or involuntarily, any proceeding under any bankruptcy, insolvency or similar laws of any jurisdiction; k. The Borrower defaults under the deed of trust executed in connection with this Note, it being understood and agreed that this Note and the deed of trust shall be interpreted and construed as a single integrated agreement between Lender and Borrower; or 1. The Borrower dies. The term "Default Date" shall mean the date on which an Event of Default has occurred or the date Borrower is no longer entitled to cure the Event of Default under the terms of this Note. 9. Default Interest Rate. Upon the occurrence of any Event of Default, the unpaid Principal Amount balance shall bear interest at the per annum interest rate for judgments provided by Washington law until the Note is satisfied in full. 10. Security. This Note is secured by and relates to a deed of trust of even date encumbering the Residence. 11. Default Remedies. Upon the occurrence of any Event of Default, Lender shall have and may exercise any one or more of the rights and remedies provided in this Note and the deed of trust relating to this Note. The remedies provided in this Note and deed of trust are cumulative to the full extent provided by law. 12. Application of Payments. All payments received on this Note shall first be applied against accrued and unpaid interest and "Costs and Fees" owed to Lender under this Note, and the balance against unpaid Principal Amount. Borrower expressly assumes all risks of loss or delay in the delivery of any payments made by mail, and no course of conduct or dealing shall affect Borrower's assumption of these risks. 13. Costs and Fees. Borrower agrees to pay all of Lender's costs incurred in the collection, modification, review, monitoring, or termination of this Note, including actual attorney fees and those incurred in any foreclosure, bankruptcy, or other similar insolvency proceeding. 14. No Waiver. Acceptance by Lender of any payment in an amount less than the amount then due shall be deemed an acceptance on account only, and Lender's acceptance of any such partial payment shall not constitute a waiver of Lender's right to receive the entire amount due. 15. Consent. Borrower hereby jointly and severally (i) waives presentment for payment, demand, notice of non - payment, notice of protest or protest of this Note, (ii) waives Lender's diligence in collection or bringing suit, and (iii) waives consent to any and all extensions of time, renewals, waivers or modifications as may be granted by Lender with respect to payment or any other provisions of'this Note. The liability of the Borrower under this Note shall be absolute and unconditional, without regard to the liability of any other party. 16. Governing Law and Venue. This Note shall be interpreted, construed and governed by, and in accordance with, the laws of the State of Washington. Venue for any action commenced by PROMISSORY NOTE 8/2015 HOUSING REPAIR PROGRAM Page 3 CITY Of Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway corn Borrower or Lender to interpret or enforce this Note or the deed of trust shall be in the Superior Court of the State of Washington, For King County, at the Maleng Regional Justice Center, Kent, Washington. 17. Entire Agreement. Except as otherwise expressly provided in this Note, this Note and the deed of trust constitute the entire agreement of the Borrower and the Lender relating to its subject matter. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. PROMISSORY NOTE 8/2015 HOUSING REPAIR PROGRAM Page 4 CITY Of ..�,,.., Federal Way Agreed to and accepted by: LENDER: CITY OF FEDERAL WAY J , Mayor PROVED AS TO FORM: City Attorney, Amy Jo Pearsall BORROWER(S): Alexsander C. Gladstone - Bigwolf Printed Name STATE OF WASHINGTON COUNTY OF ) ss. CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835-7000 www cityoffederatway corn ATTEST: Memorie F. Gladstone Printed Name On this day personally appeared before me, Alexsander C. Gladstone - Bigwolf & Memorie F. Gladstone , to me known to be the individual(s) described in and who executed the foregoing instrument, and on oath swore that he /she /they executed the foregoing instrument as his/her /their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this 20 day of Notary's signature Notary's printed name , 201 Notary Public in and fo the State of Washington. My commission expires PROMISSORY NOTE 8/2015 HOUSING REPAIR PROGRAM Page 5 CITY OF l Way edera EMERGENCY HOUSING REPAIR PROGRAM CERTIFICATION OF COMPLETION AND FINAL INSPECTION Homeowner's Name: Alexander & Memorie Gladstone Property Address: 808 SW 304th St, Federal Way, WA 98023 Date of Final Inspection: 12/2/14 Total Amount of Contract: $ 161S-61-05 CONTRACTOR CERTIFICATION: The emergency repair work on the above property has been satisfactorily completed in accordance with the specifications and contract. I have obtained or prepared all required Warranties or Releases of Liens. I further certify that there are no unpaid claims for materials, supplies or equipment, and no claims of laborers or mechanics for unpaid wages in connection with the perforP .nce of this contract. Signature of Contractor Date: HOMEOWNER CERTIFICATION: The emergency repair work on my property has been satisfactorily completed in accordance with my contract with All 4 Construction (Contractor) aiA4( e.�o -��.� Date: �( Zi4 /l1X Signature oomeowner /Applicant CERTIFICATION OF FINAL INSPECTION: Final inspection has been made of this property. The emergency repair work has been completed in accordance with the specifications and contract. Payment is authorized in the amount of $ -1 fq VD-5 nature of Inspector Date: Community, [Development Systems Ir�t n.,; dir.einont 1.1„ Infr }rm,III ii 1 4II User:C27391 Role: Grantee Organization: FEDERAL WAY - Switch Profile - Logout Activity Funding - Search Drawdown - Create Voucher - Search Voucher - Approve Voucher Receipt - Add - Search - Search Accounts Section 108 Loan - Search Utilities - Home - Data Downloads - Print Page - Help Links - flipcontact Support -di Rules of Behavior - CPD Home - HUD Home a Session Timeout kip Top Navigation Page 1 of 1 IDIS version 11.9.1_PR • Plans/Projects/Activities Funding /Drawdown Grant Grantee /P7 (You have 48 CDBG activities that have been flagged. Click on the number to go to the review page. Drawdown Maintain and Approve Voucher • Voucher item approved successfully Voucher Created For: FEDERAL WAY, WA Activity Owner: FEDERAL WAY, WA Voucher Details Line ! IDIS Item *! Actv ID 1 96 IDIS Voucher *: 5766989 Created By: B58109 Creation Date: 01/02/2015 Activity Name Gladstone - 808 SW 304th St Program Grant Year Grant * Fund Source Source Recipient Prior Drawdown Line Submission rear Status Type, Name Type Name Pro gram, Amount Item Date CDBG 2013!813MC530015 EN HUD MC FEDERAL N $9,959.03 Approved, 01 /05/2015 Rev WAY, WA Ca This IDIS version was deployed on Sat Dec 20, https: / /idis. hud.gov /idis /voucherMaintain.do 1/5/2015 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Community Development Systems Integrated Disbursement & Information System (IDIS) User:B58109 Role: Grantee Organization: FEDERAL WAY - Switch Profile - Logout Activity Funding - Search Drawdown - Create Voucher - Search Voucher Receipt - Add - Search - Search Accounts Section 108 Loan - Search Utilities - Horne - Data Downloads - Print Page - Help Links - Contact Support - Rules of Behavior - CPD Home - HUD Home 61 Session Timeout Page 1 of 1 Skip Top Navigation 1D1S version 11,9,1...PROD..30514 (3517) Plans/Projects/ Activities Funding/ Drawdown Grant Grantee/P.3 Reports [You have 44 CDBG activities that have been flagged. Click on the number to go to the review page. Drawdown Create Voucher - Page 4 of 4 (View) • Voucher created successfully Voucher Created For: FEDERAL WAY, WA Activity Owner: FEDERAL WAY, WA Requested LOCCS Submission Date: IDIS Voucher #: 5766989 Created By: B58109 Creation Date: 01/02/2015 Voucher Details , 1 Line IDIS Activity Program Grant Fund Source Source Recipient Prior Program Drawdown Item # Actv ID Name Year Grant # Type Name Type Name Amount ' Year Gladstone FEDERAL 1 96 - 808 SW CDBG 2013 B13MC530015 EN HUD MC WAY, WA N $9,959.03 304th St Total $9,959.031 This 1019 version was depioVed on Sat Dec 20, 2014 at 14119 https://idis.hud.gov/idis/voucherConfi rm.do 1/2/2015 %PI I I yr rcLPGrvML WW1' CITY OF Federal Way US DEPT OF HOUSING & URBAN DVL DAVID FOSTER, CPD PROGRAM MGR 909 FIRST AVE, STE 300 SEATTLE, WA 98104 MS: Finance 33325 8TH AVENUE SOUTH FEDERAL WAY, WA 98003 INVOICE CD -0777 AMOUNT PAID MAKE CHECKS PAYABLE TO THE "CITY OF FEDERAL WAY" PLEASE RETURN WITH YOUR REMITTANCE INVOICE 9,959.03 # 96 GLADSTONE, ALEXANDER & MEMORIE ALL 4 CONSTRUCTION LLC GRANT B- 14 -MC -53 -0015 HOUSING REPAIR PROGRAM INV. #1 9010 NC# 119.7300.996.331.14.218 INVOICE #96 GLADSTONE Total Amount Due: 9,959.03 • For inquiries, contact Accounts Receivable at (253) 835 -2526 Fax: (253) 835 -2509 CUSTOMER NO. 0675 PAYABLE UPON RECEIPT 9,959.03 Federal Way COMMUNITY SERVICES Accounts Receivable Request or Invoice Date: December 19, 2014 Type of Reimbursement: X Grant _B- 14 -MC -53 -0015_ ❑ Contract ❑ Other Project /Grant Name: Housing Repair Program Reference Information: #96 Gladstone, All 4 Construction LLC Invoice Number: #1 Amount of Invoice $9,959.03 Name on Invoice: #96 Gladstone, Alexander & Memorie Send Invoice to: Acct Number: Copy of Invoice to: Special Instructions: Submitted By: Approved By: Reviewed by Finance: ATTN: DAVID FOSTER, CPD PROGRAM MANAGER US DEPARTMENT OF HOUSING & URBAN DEVELOPMENT 909 FIRST AVENUE, SUITE 300 SEATTLE, WA 98104 119 - 7300 - 996 - 331 -14 -218 CHASE DONNELLY, JERI -LYNN CLARK PLEASE DON'T SEND OUT, GIVE FULL COPY TO CHASE & JERI -LYNN All 4 Construction, LLC 3220 C St NE #I Auburn, WA 98002 Bill To Federal Way Housing Repair 33325 8th Ave S Ferderal Way, WA 98003 Invoice Date Invoice # 12/12/2014 009 P.O. No. Terms Project #14 -011 Gladstone 808 SW 304th St Quantity Description Rate Amount 1 Labor and material to remove existing roofing and replace with 30 yr Pabco: 1. Remove and replace 20 sheets 7/16 OSB sheeting. 2. Cut in 1 ft overhangs at gable ends. 3. Replace all vent boots. 4. Install ridge vent. 5. Install 3 ea 2.5 inch vents in each truss block. Labor and material to remove and replace gutters and down spouts Labor and materials to reattach sheetrock to truss and repair as needed Labor and material to insulate attic space with R -38 blown in insulation � / r Ok to Pa 6,195.00 750.00 550.00 1,600.00 6,195.00T 750.00T 550.00T 1,600.00T Date: /Ti L Cdr /4 Account # fp 4 561z_- 1 (q 3- . gg6,' 574 tit 6/7-o -k" v1ttS ° ° GI e'-13 ret, ,, *t /ti -- Gij Subtotal $9,095.00 Sales Tax (9.5 %) $864.03 Total $9,959.03 Federal Way EMERGENCY HOUSING REPAIR PROGRAM CERTIFICATION OF COMPLETION AND FINAL INSPECTION Homeowner's Name: Alexander & Memorie Gladstone Property Address: 808 SW 304th St, Federal Way, WA 98023 Date of Final Inspection: 12/2/14 Total Amount of Contract: $ 91CM05 CONTRACTOR CERTIFICATION: The emergency repair work on the above property has been satisfactorily completed in accordance with the specifications and contract. I have obtained or prepared all required Warranties or Releases of Liens. I further certify that there are no unpaid claims for materials, supplies or equipment, and no claims of laborers or mechanics for unpaid wages in connection with the perfor . nce of this contract. Signature of Contractor Date: HOMEOWNER CERTIFICATION: The emergency repair work on my property has been satisfactorily completed in accordance with my contract with All 4 Construction aex4( "I ;(/ Signature oomeowner /Applicant. (Contractor) Date: £ Z 1[t lX CERTIFICATION OF FINAL INSPECTION: Final inspection has been made of this property. The emergency repair work has been completed in accordance with the specifications and contract. Payment is authorized in the amount of $ t ` 5-l�G D-5 nature of Inspector Date: All 4 Construction, LLC 3220 C St NE #I Auburn, WA 98002 Name / Address Federal Way Housing Repair 33325 8th Ave S Ferderal Way, WA 98003 Project Estimate Date Estimate # 9/19/2014 45 #14 -011 Gladstone 808 SW 304th St Description Qty Rate Total Labor and material to remove existing roofmg and replace with 30 yr Pabco: 1. Remove and replace 20 sheets 7/16 OSB sheeting. 2. Cut in 1 ft overhangs at gable ends. 3. Replace all vent boots. 4. Install ridge vent. 5. Install 3 ea 2.5 inch vents in each truss block. Labor and material to remove and replace gutters and down spouts Labor and materials to reattach sheetrock to truss and repair as needed Labor and material to insulate attic space with R -38 blown in insulation 1 6,195.00 750.00 550.00 1,600.00 6,195.00T 750.00T 550.00T 1,600.00T Subtotal $9,095.00 Sales Tax (9.5 %) $864.03 Total $9,959.03