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AG 20-089 - A. Tamaya & R. AquirreRETURN TO: Jeri -Lynn Clark EXT: 2401 CITY OF FEDERAL WAY LM ­1 DEP 1. ORIGINATING DEPT./DIV: Community Services FM� 21238013 . 4. TYPE OF DOCUMENT (CHECK ONE): Ei CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) Ei PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT o PROFESSIONAL SERVICE AGREEMENT 13 MAINTENANCE AGREEMENT E3 GOODS AND SERVICE AGREEMENT A HUMAN SERVICES/ CDG El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G, BOND RELATED DOCUMENTS) Ei ORDINANCE 0 RESOLUTION Ei CONTRACT AMENDMENT (AG #):_ DINTERLOCAL 0 OTHER J. PROJECT NAME: Tarnayo Septic Repair with A Advanced Services, Inc. 6. NAME OF CONTRACTOR: Alfonso Tamayo Garcia & Roselia Aquirre Aguirre ADDRESS: 34005 23rd Ave SW, Federal Way, WA 98023 TELEPHONE 253-431-1561 FAX: SIGNATURE NAME: TITLE Homeowners 7. EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES El COMPENSATION A INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXH113ITS El PROOF OF AUTHORITY TO SIGN DREQUIRED LICENSES 13 PRIOR CONTRACT/AMENDMENTS 9. TOTAL COMPENSATION $ 4,209.68 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: El YES El NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 10YES ONO IFYES,$ PAID BY. El CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: El RETAINAGE AGREEMENT (SEE CONTRACT) OR 11 RETAiNAGE BOND PROVIDED 10. DOCUMENT/CONTRACT REVIEW INITIAW DATE REVIEWED INITIAL/DATE APPROVED F-1 PROJECT MANAGER El DIRECTOR El RISK MANAGEMENT (IF APPLICABLE) 0 LAW (41 Le W Ill. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE,: 12. CONTRACT SIGNATURE ROUTING El SENT TO VENDOR/CONTRACTOR DATE SENT: DATE RECD: 0 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS 11 CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I 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 /DATESIGNELI 1:1 L,AW DEPARTMENT 12"SIGNATORY (MAYOR OR DIRECTOR) 1:1 CITY CLERK El ASSIGNED AG # AG 2/2017 CITY OF Foderal a # # CITY HALL 33325 8th Avenue South Federal Way, A/A 98003-6325 (253) 835-7000 �vww otyoffederahvay com THIS LOAN AGREEMENT ("Agreement") is made this 6th day of February, 2020, between the CITY OF FEDERAL WAY, a municipal corporation ("City"), and Alfonso Tamayo Garcia & Roselia Aguirre Aguirre ("Borrowers"). 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. I*L. 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 Borrowers a loan, to be used by the Borrowers for repair work at the Borrower's property located at 34005 23rd Ave SW, 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 ('Note") found in Exhibit is and by this reference made a part hereof. Illi C7 1 i 149 M C.5 V R11WITISFIN TMI 1113IIIN-31111 111.1 a) The total cost of rehabilitation for this property is $6,435.35, which includes costs, fees, and expenses listed in paragraph 6 of this Agreement. Of this, $6,435.35 is a loan, as provided herein and subject to the Promissory Note and the Deed of Trust attached hereto as Exhibit C. 2. Loan. The City agrees to make, and the Borrowers agree to take the Loan as provided herein. The Borrowers agree to have the Loan proceeds used to complete the work in accordance with all applicable code requirements and work plans described in the Homeowners & Contractor Agreement for Housing Repair Program ("Contract") attached hereto as Exhibit D. The loan will be evidenced the Note. HRP Homeowners Loan Agreement 1 11/2019 CITY OF F6deral Ifty ung= CITY HALL 33325 8th Avenue South Federal Way, VV,,, -N 98003-6325 (253) 835-7000 www cilyoffick?rahvqy com a) Deed of Trust. As a security for the Note, Borrowers shall make, execute, and deliver to the CAA as Beneficiary, a Deed of Trust on the Property in form and substance satisfactory to the City the full amount of the Loan. This Deed of Trust shall be subject to the following: i i. A Deed of Trust to Fairway Independent Mortgage Corp. in the principal amount of One Hundred Seventy -One Thousand One Hundred Fifty and 00/100 Dollars ($171,150.00), recorded September 14, 2016, under King County Auditor's File No. 20160914000951; and b) Title anA Fire Insurance, Borrower shall, at Borrower's expense, furnish the City with acceptable Mortgagee's Prime Title Insurance Policy insuring the City in the amount of $4,209. and shall provide and maintain fire and extended coverage insurance on the Property in t amount of Four Thousand Two Hundred Nine and 68/100 dollars ($4,209.68), naming the City the beneficiary and additional loss payee, as its interests may appear and requiring the City given thirty (30) days prior notice of any cancellation thereof. I 5. Loan Proceeds. a) Upon execution of the Note and recording of the Deed of Trust and other required securin instruments, and the satisfaction of any other conditions precedent applicable to the Lo disbursement, the Loan proceeds will be disbursed in accordance with this Agreement. T Borrowers has no right to the monies, other than to have the same disbursed in accordance wi 1 4'1 the terms of this agreement. Except for disbursements to pay fees, the Loan will be disbursed le one payment as required under this Agreement (refer to Homeowner/contractor aggreem Exhibit it on disbursement requests approved by the Borrowers and the City. b) The Borrowers shall allow the Work to be accomplished through a licensed General Contractor (Contractor) pursuant to the 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 corre statement of all costs incurred for the labor performed and materials ordered and/or delivered shall have the right to inspect all records, books and accounts relating to the Work. The City MnJ HRP Homeowners Loan Agreement 2 11/2019 CITY OF F6deral-V`May CITY HALL 33325 Sth Avenue South Federal Way WA 98003-6325 (253) 835-7000 www atyoffedprahv,y. coma 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 materiali in connection with the Work. 11111 FINE ii ii 11 ii I! �� 1111 ii 1111 ii 1111 - - 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 Borrowers a the Contractor. If, as a result of the discovery of latent defects, or unforeseen conditions or heal and safety hazards, it is necessary to make a change order or orders which exceed the origin Contract price, the City has the right, at its option, and after consultation with the Borrower(s), reevaluate the scope of assistance to be provided and, in conjunction therewith, order t elimination or reduction of certain work items set forth in the work schedule or work write-up, increase the amount of the loan. I iMMEMEM U=- 6. Loan Documents; Fees. The Borrowers 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 Borrowers 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 ,?mount of the Loan and included in the total amount shown on and due in the Note. 902�i� Borrowers agrees to repay the full to amount in accordance with the terms of the Promissory Note attached as Exhibit C. ffMMTMR121M3= 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 Borrowers shall have failed or refused to cause the commencement of the Work, or if the Borrowers 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 Borrowers 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 11/2019 07V Of F6deral CITY HALL 33325 Sth Avenue South Federal Way'vVA 98003-6325 (253) 835-7000 eVmv. cftyoffederzvvqy C0177 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 commence 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. Mmwn��� 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, the Contract with the Contractor. WAYM, a) The Borrowers shall allow a licensed general contractor to carry out all Work specified in the approved bids. Borrowers specifically agree to approve all Work that, in the good faith opinion of the Contractor and the City, has been accomplished in accordance with generally accepted construction industry standards. b) The Borrowers agree that the Contractor will be paid only for the Contractor's actual Payment Request. The Borrowers represent and warrant that the Borrowers 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 • the Borrower(s), the Contractor, subcontractors, any • their agents or employees, or any others performing any work. The Borrowers 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 relev-ait 4ata and records. HRP Homeowners Loan Agreement 4 11/2019 CITY OF A* d :,l y C11TY IHALL 33325 Sth Avenue SCUth Fiederal Way, WA 98003-6325 (253) 835-7000 w"vw cityoffederaNvay com 12. Warranty for Work. The Borrowers will require that the contractor give to the Borrowers 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 designate. 13. Records. The Borrowers agree 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 Borrowers 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 Borrowers 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 Borrowers 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 Borrowers 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 Borrowers 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. ISINFITMIM, 11 MOM= 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. 601 i1 1 = � 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. HR -P Homeowners Loan Agreement 5 11/2019 CITY OF I" F6deral VV;iay CITY HALL 33325 8th Avenue SOUth Federal Wiy, VVA 98003-6325 (253) 835-7000 wmv cilyoffederalway coo 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. 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. I . S4criqr Interest. If the interest of the Borrowers 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 Borrowers' obligation to repay this loan is reduced and shall not exceed the amount of the net proceeds available to the Borrowers after the sale, foreclosure, or transfer in lieu of foreclosure. 2. CITY OF FEDER-AL WAY's Interest. If the Borrowers default 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 Borrowers' obligation to repay this loan is reduced and shall not exceed the amount of the net proceeds available to the Borrowers 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 Borrowers 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 Borrowers 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: 33325 8th Ave South Federal Way, WA 9801 IKWVA' , ► 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. HRP Homeowners Loan Agreement 6 11/2019 CITY GF -N Fddera I Ifty CITY HALL 33325 8th Avenue South Federal Way, A/A 98003-6325 (253) 835-7000 www cayoffederahvey cora 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 Borrowers 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. 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 Borrowers of a copy of the Contract between the Borrowers and the Contractor for the work, which Contract shall bind the Contractor to complete the work at a cost 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 fonn 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 I IN WITNESS WHEREOF, the parties hereto have executed this document as of the day and year first written above. LENDER: CITY qj� FEDERAL WAY: d,4 oerk, Stephanie Court ) CMC J. Ryan Call, City Attorney HRP Homeowners Loan Agreement 7 11/2019 CITY OF CITY HALL 33325 Sth Avenue SOLIth Federal Way Federal Way, WA 98003-6325 (253) 835-7000 wivw cilyoffpdpralway coln BORROWERS: TA- G,ARC�4 Si a It.7. Signature & F.110MV-01M Is 1 004 a 09 STATE OF WASHINGTON) ) ss. COUNTY OF ROSELIA AGUIRRE AGUIRRE On this day personally appeared before me, AYboso, TdmM Garcia & Rosolid Agpjiv AgMiqe� to me [mown to be the individuals described in and who executed the foregoing instrument, and on oath swore that they executed the foregoing instrument as their free and voluntary act and deed for the uses ani [purposes therein mentioned. GIVEN my hand and official seal this 1W i I day of Notary's signature III M es 24 M HRP Homeowners Loan Agreement 11/2019 CITY OF e=\\(» \�}11" ° / / )( [ }\ |L« x »z±« ««<)\ }(++ CITY HAL 33325aht Avenue Federal GA WA 98003-6325 (253) 835-7000 COM Lt t 2 £,«2 I «K24 « «92.2»I<andLoa Associated plat »<«rd»in Volume ¥¥,<Plats, pages 40, in King County, Washington. HRP Homeowners Loan Agreement 9 11a019 LENDER: City of Federal Way, a Municipal corporation 33325 8th Avenue South Federal Way, WA 98003 BORROWER: Alfonso Tamayo Garcia & Roseli? Aguirre Aguirre, Homeowners HRP RESIDENCE: 34005 23rd Ave SW Federal Way, WA 9801 PRINCIPAL $5,984.00 AMOUNT: Fees: $451.35 of $6,435.35 LOAN DATE: February�f 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 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 ("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. Prontise 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 annurn (the "Effective Interest Rate") unless or until a Default. HRP Homeowners Loan Agreement 10 11/2019 CITV'QF F�6deral %AMY CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www c4yoffederalway com 4. Payments. No payments will be required to be made on the Principal Amount unless or until ? Default occurs. 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. 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. OccupaneyfUse. The property must be the Borrowers 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: in. Any event of default specified in the Deed of Trust. The terin "Default D. 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 11/2019 CITY OF F6deral V��y CITY HALL 33325 ath Avenue South Federal Way, AIA 98003-6325 (253) 835-7000 tmv cilyoffederahvay com 8. Default Interest Rate. Upon the occurrence of any Event of Default, the unpaid Principal Amoun) balance shall bear interest at the per annurn 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. tic 2_CC1J1VVUL 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. 1 C111 li 111i 1 1111 i'll 11,1111 1 (1 My 11MIX0161 0,110 V I MM DMILLU HRP Homeowners Loan Agreement 12 11/2019 CITY OF CITY HALL 33325 Sth Avenue South Federal Way Federal Way, WA 98003-6325 (253)835-7000 wwwcityoffederatway.com Agreed to and accepted by: LENDER: CITY OFFEDERAL WAY ATTEST: Dr C Cilerk, Stephanie Court 4e,—CM—C XPPROVED AS TO FORM: --ff --T2� J. Ryan Call, I C- -AA 12 CZA S gature ALFONSO TAMAYO GARCIA Printed Name STATE OF WASHINGTON) ss. COUNTY OF Signature ROSELIA AGUIRRE AGUIRRE Printed Name On this day personally appeared before me, Alfboso 717"yQ �Qarcta & Rosdid Awj1rr& Nwitte, to me known to be the individuals described in and who executed the foregoing instrument, and on oath swore that they executed the foregoing instrument as their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this j_k, day of 2000 Notary's signature . ..... ..... . .. AIN 4otary's 'sprinted name %X -f N IV C _ 4 1/ Notary Public in and or the Sta e of Washington. to, T4 -f My commission expires O,9 I HRP Homeowners Loan Agreement 13 11/2019 RECORD[NG REQFESTED 137- Ail WHEN RECORDED MAIL TO: City of Federal Way 33325 8"' Ave S Federal Way, WA 98003-6325 Attn: Jeri -Lynn Clark nnziu�� Property Address: 34005 23rd Ave SW, Federal Way, WA 98023 Grantor (s): GARCIA TAMAYO, ALFONSO & AGUIRRE AGUIRRE, ROSELIA Beneficiary: CITY OF FEDERAL WAY, a Washington Municipal Corporation Property Legal Description (abbreviated): Lt 8, Blk 1, Highline Savings and Loan Associates 2nd Add. Complete Legal Description indicated below. Assessor's Tax Parcel ID#(s): 3306300080 THIS DEED OF TRUST IS DATED February 10, 2020, between Alfonso Tamayo Garcia & Roselia Aguirre Aguirre, (referred to below as "Grantor"), whose address is 34005 23rd Ave SW, Federal Way, WA 98023; CITY OF FEDERAL WAY, w ose a1 1 ess s 33325 8th Ave S, Federal Way, WA 98003 (referred to below as "Lender"); and First American Title whose mailing address is 33600 6th AveFederal Way, WA 98003 (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 34005 23rd Ave SW, Federal Way, WA 98023 in King County, Washington, and legally described below, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all casements, 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 Lot 8, in block I of Highline Savings and Loan Associated 2nd Addition, as per pl recorded in Volume 66 1f Plats, pages 40, in King County, Washington. I 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 s means this Deed of Trust among Grantor, Lender, and Trustee. • Grantor means any and all persons Alfonso Tamayo Garcia & Roselia Aguirre Aguirre • Homeowner a Agreement eans 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 thea of of the Note. • Lender means the City of Federal Way, its successors and assigns. • Note means the Promissory Note dated, February 6, 2020, in the original principal amount of $6,435.35 from Grantor to Lender, together with all renewals, extensions, modifications, refinancing,substitutions for this Note. • Property means collectively the Real Property. • Real a means the property, interests and rights described above in the "Conveyance and Grant" section. • Related oc a is 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 e s First American Title and any substitute or successor trustees. THIS DEED OF ' PAYMENT OF THE INDEBTEDNESS 1 (2) PERFORMANCE OF D ALL OBLIGATIONS OF GRANTOR UNDERi DEED OF r OTHER RELATED LOAN DOCUMENTS. THIS DEED OF TRUSTAND ACCEPTED ON FOLLO, ' 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 i`"i of a • 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: 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. elm= may make proot ot loss it Grantor tails to do so within tiffeen (15) days ot the casualty. frponAhf- r. 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, • 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, it 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 Pro ertv shall be used first to oav anv amount owin Lender-und-er-t "I I End -4 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 is •I repayment by Grantor. All such expenses, at Lender's option, will (a) be payable on demand, (b) be added to the balance • 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 ►• 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 conderrination, 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 condemner offers to 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, ei er now or at the time made or fumished. 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 1.7.ter. • • i i` `i `i # i.` I I •` i . • i. i •- riii' 111 r ,. . _ i + + _ _ r • � . � . _, . .i!• -• • •` i`t �``• i • • • i, i ' � I •' . r . • `r • . • • ' i ` . i i. i` i _ _ • . i i r• • __ • _ i_,- � i,. _< • • it i ' ` ■ ii. br_ . • "i. _' ii' i • r"•i" r 1 i'' ■ •i j i. i i. i • i i, • . ', • - i 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 case in 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 rkeal 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 *ther 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 FiFeed of Trust shall be in writing, 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 rtarties, specifying that the purpose of the notice is to change the party's address. All copies of riotices 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 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 ,te a eir successors yad 9.ssigls. If ownershi-,Q of the Proy_QL-bi-�--r t i, -t, 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. )"enever 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 medn the holder and owner of the Note secured hereby, whether or not named as Lender herein. I I I * a I I V 91 1 &V " 3131 )XII = 9 1914WIM NWIVI 12 a ilk, A<n 74,oel�to 0Aen'4 Signature ALFONSO TAMAYO GARCIA Printed Name STATE OF WASHINGTON) ) ss. COUNTY OF 'FO5 E4 61 Fz)zz- Signature Printed Name to me known to be the individual(s) described in and who executed the foregoing instrument, and on oath swore that they executed the foregoing instrument as their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seat this day of 2020 Notary Signature Notary Printed Name 01vo NotaryPublic in-'-nsd for the State of Washington. My commission expires __qLj 2-1 -7p-,- dvan.ced SEPTIC & CONSTRUCTION Services BILL TO Alfonso Tamayo JOB ADDRESS Alfonso Tamayo 2518 East VaNey Highway East * Sumner, WA98390 Phone -253-43S-9999 Fax -253-848-4306 vm^w,aadxancedservices.conm /mvoCE |1 602335 � DESCRIPTION OF WORK Drainrockisclean and dry. ' Camera and located comcretednainfie|d laterals. Drainfie\dpassed 15Ogallon stress test. Drew upsite drawing for as -built filing. Need tofile for permit for king county D-boxreplacement. Temporarily hooked dnain#e|dupoutside oftank with 4inch Tee to keep customer inservice while heis waiting for D-boxreplacement. TASK DESCRIPTION QTY PR(CE 10TA L 40ST Occupied Stress Test (160ga|s}: 1^00 $200.00 $200.00 Stress testing ofsystem, while home isfully lived in 4RD AG8U|LT: 1/00 $985.00 $985'00 County approved, scale drawing ufexisting septic system 2K[DBLR King County D^8uxReplacement (LIMITED REPAIR): 1.00 $1,875.00 $1,875.00 Remove and replace existing failed D-Boxwith anew poly D-Bmx including speed dials and riser assembly. Connect toexisting drainfieNlaterals. LIMITED REPAIR PERMIT REQUIRED (not included) _ 4PERMIT Permit: Permit King County Limited Repair 1.0O $580.00 $580D0 2KCEXP King County Drainfield Exploritory: 1,00 $1,800.00 $1,800.00 Crew with camera, locator, and excavator to locate and evaluate drainfield viability. Providing the following information: Drainfield size and location Drainfielcicorn�osition,�,concrete oran-eber tile or PVC .nspect drain rock beds for bio -matting 'dentify ground water infiltration IF DRAINFIELD IS FOUND NOT TO BE VIABLE, CUSTOMER WILL BE REFERRED TO DESIGNER FOR REPLACEMENT OF THE EXISTING SYSTEM SUB -TOTAL $5,440400 1732 - FEDERAL WAY 10% $544iOO A -Advanced Septic Services, Inc. is hereby authorized to furnish all materials and labor required to complete the work for which the customer signed below and agrees to pay the amount of the invoice. WARRANTY IS BASED ON SYSTEM BEING USED WITHIN THE DESIGNED INTENT Sign he"A I roo � r, �4mi L-� Date 3/5/2020 -fit CUSTOMER — ------------- CUSTOMER ACKNOWLEDGEMENT ADDITIONAL TERMS unmarked utilities. The entire amount of contract shall be paid upon completion of work and if work extends beyond one calendar and materials delivered to the site during that month. If payment is not made within 20 days after due, as set forth herein and as invoiced for payment, you agree to pay delinquency charges of 1.5% per month after the due date. If this account is not paid as agreed and is placed for collection, you agree to pay all costs incurred by us, PT.4 "I .jk#wfl6m4h,A— may be adjudicated reasonably. Any alteration or deviation from the above specifications involving extra cost of materials or labor will become an extra charge over the sum mentioned in this contract. All of the work will be completed in a substantial and professional manner according to standard practices on a timely basis, barring an act of God, labor strikes or disputes, unavailability of materials, or other unforeseen causes beyond our control. You agree to indemnify our corporation, its officers, directors, and employees and hold them harmless from any claim, liability, loss, cost (including reasonable attorney fees), fine penalty or other expense that