HomeMy WebLinkAbout1605 Resolutionlls, City Clerk
RESOLUTION NO 1605
A RESOLUTION revising the Housing Rehabilitation Program.
WHEREAS, the City Council finds the Housing Rehabilitation
Program, funded with annual Block Grant monies over the past three
years, requires revision to include a prioritization of reha-
bilitation needs and to assure full recovery of the rehabilitation
funds expended on any dwelling, NOW, THEREFOPE,
BE IT RESOLVED BY THE CIIIY COUNCIL OF THE CITY OF PASCO,
TJAS'-'INGTON:
That the attached Program Statement for the Housing
Rehabilitation Program is hereby approved.
PASSED by the City Council of the City of Pasco this 19
day of September , 1983.
ATTEST:
,
APPR•ED AS TO FORM:
Greg R tello, City Attorney
COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM STATEMENT
HOUSING REHABILITATION
DEFERRED LOAN PROGRAM
CITY OF PASCO, WASHINGTON
July 1983
IT'S YOUR NEIGHBORHOOD IT'S YOUR CHOICE
TABLE OF CONTENTS
INTRODUCTION • .. 1
PRIORITIZATION OF APPLICATIONS... • .... 2
ELIGIBILITY REQUIREMENTS 4
ELIGIBLE IMPROVEMENTS.... ... • .. ... 7
FINANCIAL REQUIREMENTS/LIMITATIONS.. ...... 8
SYNOPSIS OF LOAN PROCESS ........ .... . . . . 10
SYNOPSIS OF CONTRACT PROCESS 11
INTRODUCTION
The City of Pasco annually receives an amount of federal funds under
the Community Development Block Crant Program. Those funds are
budgeted each year by the City Council to finance a variety of
"community development" programs and activities One of those
programs is called the Housing Rehabilitation Program This program
is part of the City's overall effort to assure its citizens reside
in safe, decent and sanitary dwellings.
Under this program, the City will finance all improvements necessary
to correct substandard conditions of a single-family home occupied
by a lower-income family. Federal rules prohibit the use of these
funds for renter-occupied units as well as any family which exceeds
applicable income limits. Consequently, an application process
is used to assure that all federal and city rules are met
The program uses what is called a "deferred loan" to finance the
Improvements and repay the funds to the program. It is similar
to getting a loan from the bank, except the homeowner is not required
to make monthly or annual payments. Rather, the homeowner signs
a promissory note and property lien which are filed with the property
records. No payment whatsoever is required until the property is
transferred to another person; at that time, the full amount of
the promissory note is due and payable to the City. Any such payment
is returned to the City's Block Grant Program, to provide assistance
to other lower-income families.
For information concerning this program, contact the Community
Development Department, City Hall, 412 West Clark Street (545-3441)
PRIORITIZATION OF APPLICATIONS
In order to assure rehabilitation funds are directed toward those
households most in need, the first quarter (three-month period)
of each program year will be reserved for the solicitation and
acceptance of applications (this policy does not, however, prohibit
submittal of applications during the balance of the program year).
At the end of the first quarter, those applications received by
the close of business on the last working day of the quarter will
be prioritized in two (2) steps, as follows
STEP 1. All applications will be assigned one of the two following
categories-
Category A. A dwelling unit which reflects any one of the
following conditions as these conditions are defined in
Chapter 10, Uniform Housing Standards
Lack of or hazardous plumbing,
Lack of or hazarouds mechanical equipment,
Lack of or hazardous wiring,
Structural hazards.
Category B- Any dwelling unit which does not reflect one
of the conditions under Category A will be assigned Category B.
STEP 2. Once assigned a category under Step 1 (above), each applica-
tion will be ranked in accoreance with the following priority
array based on the household characteristics
Priority Category Criteria
1 Very Low Income (VLI) Elderly* Household
2 VLI Non-Elderly Family** w/SHH***
3 VLI Non-Elderly Household
4 Lower Income (LI) Elderly* Household
5 LI Non-Elderly* Family** w/SHH***
6 LI Non-Elderly Household
"Elderly" means at least one and 50% of the owners are 60
or more years of age.
** "Family" means any household with one or more dependent children
under the age of 18 years.
*** "SHH" (Single Head of Household) means a family with only
one parent/guardian
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Within each priority category, applications will be further prioritized
by date of application. The entire Housing Rehabilitation allocation
for the respective program yeat, less reasonably anticipated
administrative expenses, will then be obligated through the bidding
process by priority category. If all of the priority categories
are obligated and sufficient funds remain for additional contracts,
those applications received after the close of the first quarter
will be obligated by date of application only. If the Rehabilitation
allocation is not sufficient to cover all categorized first-quarter
applications, those not funded in that program year will be carried
over to the next program year within the same category of priority.
by
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ELIGIBILITY REQUIREMENTS
DWELLING CONDITIONS.
(1) The structure must have one or more substandard conditions,
as determined by the City in accordance with the adopted
Uniform Housing Code.
(2) The structure to be Improved must be a single-family dwelling.
(3) The property must be owned (or being purchased) and occupied
by the applicant.
(4) The applicant must have owned (or been purchasing) the
property for at least one continuous year prior to application
(5) City taxes on the property to be improved must be paid
and current.
INCOME ELIGIBILITY.
Annual household income during the preceding three years must
not exceed applicable income limits for Section 8 Rent Subsidy
Loans in the Pasco area. Household income is defined as the
total income received by all household members residing in the
structure as their usual place of residence, excluding income
from dependent minor children, less deductions from unusual expenses.
These include
1. Medical expenses which exceed three percent (3%) of the
annual household income and are not covered by insurance.
2. Annual expenditures for child care to enable employment
by a member of the household.
3. Cost of care of disabled or handicapped family member,
to the extent not covered by insurance.
4. The following sources of income and any other income which
must be reported as taxable income under the Internal Revenue
Code must be considered in determining gross family income
(a) Wages and salaries including all compensation for
regular overtime, all other earnings and compensation
for personal services, such as commissions, fees,
tips, etc , and all income received by military
personnel except items excluded in 5 (e); payment
in kind, such as meals for food, is not regarded
as compensation, acid gross income includes the full
amount of earnings before payroll deductions are
made for any purpose,
(b) Net profits from the operation of a business or profession;
(c) The full amount received from social security, pensions,
annuities, retirement income, and other similar types
of periodic receipts,
(d) Payments in lieu of earnings, such as unemployment
compensation, other social security benefits, dismissal
wages, benefits in lieu of earnings other than lump-
sum payments under health and accident insurance,
and workmen's compensation other than lump-sum payments;
(e) Periodic and determinable allowances, alimony, contribu-
tions, child support and gifts,
Interest, dividends and net earnings of any kind
from real personal property, including but not limited
to capital gains,
(g) Subsistence allowances or receipts in connection
with education or training, and
(h) All payments made to or on behalf of any person under
the provision of the Economic Opportunity Act, or
any other anti-poverty program.
5. The following items shall not be considered as income
(a) Casual and irregular gifts,
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(b) Earnings of minors under 18 and full-time students
other than the head of household or spouse,
(c) Family assets, or lump-sum additions to family assets,
such as inheritance, insurance payments, including
lump-sum workmen's compensation settlements, and
settlements for personal or property damages (if
such sums are substantial, the eligibility of the
families in question will be considered under the
capital asset limitation),
(d) The special pay to a serviceman who is the head of
the family and is away from home and exposed to hostile
fire,
(e) Relocation payments made pursuant to Title II of
the Uniformed Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (PL-91-646, 84 Stat.
1894),
(f) Pursuant to the Food Stamp Act of 1964, (7 U.S.C.
2016 (c), the value of the coupon allotments for
the purchase of foods in excess of the amount actually
charged to eligible household.
(g) Payments received by residents who are participants
in volunteer programs provided for in the Older Americans
Act (PL-93-29) and the Domestic Volunteer Service
Act of 1973 (PL-93-113), and
(h) The amount of educational scholarships or veterans
education benefits paid directly to the student or
to the educational institution to the extent that
these benefits are used in meeting the cost of tuition
fees and books.
HOUSEHOLD INCOME LIMITS
By HOUSEHOLD SIZE
Household Size
1983 Income Limits
VLI LI
1 Person 11,150 17,850
2 Persons 12,750 20,400
3 Persons 14,350 22,950
4 Persons 15,950 25,500
5 Persons 17,250 27,100
6 Persons 18,500 28,700
7 Persons 19,800 30,300
8 or More Persons 21,050 31,900
ASSET LIMITATION
In addition to the income limitations, a household may not possess
assets in excess of $7,500. Assets include, real estate (exclusive
of equity in primary residence), bonds, saving accounts, certificates
of deposit, stocks, other investments, notes receivable, antiques,
jewelry, boats, motor homes, and other luxury items of substantial
value.
ELIGIBLE IMPROVEMENTS
The purpose of this program is to correct conditions that constitute
code violations and to ensure a safe, decent and sanitary dwelling,
in accordance with the Uniform Housing Code adopted by the City
of Pasco. Financing under this program is limited to that amount
necessary to correct those substandard conditions identified by
the City in the detailed work write-up provided by the Community
Development Department
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FINANCING REQUIREMENTS/LIMITATIONS
MAXIMUM LOAN AMOUNT
The maximum rehabilitation loan amount shall be $6,680, provided,
however, in no case shall a rehabilitation loan constitute more
than fifty percent (50%) of the current value of the structure
to be rehabilitated "Current value" will be determined by the
most recent value assigned by the Franklin County Assessor
ADDITIONAL FINANCING
Where rehabilitation costs exceed the maximum available under this
program, the Community Development Department, to the extent practicable,
will coordinate with other appropriate agencies in an effort to
obtain additional funds for the balance of the rehabilitation costs
identified in the work write-up When another agency will finance
some of the improvements, those improvements must be completed
prior to qualification of the structure under this program.
In those cases which cannot obtain the additional funds necessary
to bring the dwelling into conformance with the Uniform Housing
Standards, the homeowner may provide the additional financing needed
However, the source and conditions of such funds and their effect
on the security position of the City's deed of trust shall be considered
in deciding whether or not the application will receive final approval.
In those cases where the homeowner will provide the additional
financing and the same is approved by the City, such financing
must be properly secured prior to execution of a contract for financing
under this program Such securement may be in the form of an
escrow account or some other secured form which assures release
of the funds in accordance with the rehabilitation contract established
under this program The City Attorney will determine whether
or not the proposed form of additional financing is acceptable,
on a case-by-case basis
SECURITY OF DEFERRED LOAN
Financing provided under this program must be secured in the form
of a Promissory Note (see Exhibit ) and a Deed of Trust (see
8
Exhibit ) at the time of contract execution. Repayment
of the deferred loan amount is required only in accordance with
the provisions of the Promissory Note.
SUBORDINATION OF PRIOR INTEREST.
In some cases, an eligible household may be purchasing an eligible
structure under a contract from another person and, occasionally,
the sum of all recorded interests (deeds of trust, mortgages,
contracts, etc.) in the property leaves insufficient unobligated
equity against which the City's deed of trust can reliably apply.
In such a case, as determined by the Community Development Department
on a case-by-case basis, one or more of the superior interests
must be subordinated in favor of the City's deed of trust, such
subordination must be accomplished prior to or in conjunction
with execution of a contract for assistance under this program.
If the necessary subordinations cannot be obtained, financing
under this program will not be available.
SUBORDINATION OF CITY'S INTEREST.
Subsequent to the completion of a rehabilitation project and the
recording of the Deed of Trust and Promissory Note securing the
City's loan, the owner may find the need to mortgage his/her equity
for other obligations. In such a case, the City normally will
subordinate its interest to that of the mortgagor provided the
following conditions are met.
(1) Ownership of the dwelling remains in the name of the person(s)
named in the City's Deed of Trust and Promissory Note;
(2) The sum of all superior interests, together with the value
of the City's Deed of Trust and the proposed mortgage, does
not exceed eighty percent (80%) of the value of the property
(as determined by the County Tax Assessor's most recently
assigned value or the appraisal performed by the mortgagor,
whichever is most recent), and
(3) If the mortgagor uses a Deed of Trust, the mortgagor provides
separate written assurance to the City that mortgagor will
assume full liability for the Promissory Note in the event
the mortgagor becomes owner of the property.
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SYNOPSIS OF LOAN PROCESS
APPLICATION
Community Development Department staff will verify all application
information and purchase a "lot book report" from a title-services
company to verify ownership, tax status, and identify all recorded
interests in the property The applicant-homeowner must assist
in the verification of income, assets, and housing expenses.
After the required verifications are received and reviewed by staff,
final grant approval will be made by the City Manager upon the
recommendation of the Community Development Director in accordance
with established rules and procedures. All approved applications
will be prioritized in accordance with the prioritization policies
described earlier in this document. Once an approved application
is assigned a project file number (signifying it will be processed
during the respective program year), the city building inspector
will inspect the dwelling and prepare a detailed work write-up
and cost estimate
If the cost estimate is within the maximum loan amount ($10,000),
the work write-up will be reviewed in detail with the homeowner
and, if approved by the homeowner, the City will prepare a bid
package and call for bids from qualified contractors. Unless
the homeowner selects a bid which is within five percent (5%) of
the lowest qualified bid, the lowest qualified bid will be selected
The City reserves the right, however, to reject all bids or to
reject unqualified bidders. If the cost estimate of the work
write-up prepared by the city building inspector exceeds the maximum
loan amount ($6,600) the application will not proceed under this
program until additional financing has been identified in accordance
with the provisions for such discussed earlier in this document
under "Financial Requirements/Limitations"
Upon selection of a contractor, the Community Development Department
will prepare the standard contract for the rehabilitation work
involved, the contract is essentially between the homeowner and
the contractor, but the City will sign as a third party for purposes
of contract administration and payments At the time of signing
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the contract, the homeowner must sign the Promissory Note for
the full amount of the contract and must also sign the Deed of
Trust securing the Note. Both documents (Note and Deed) will
be recorded by the City. The City will use the services of a
local title insurance company for the recording and release require-
ments associated with the Note and Deed (at city expense)
Any change in the rehabilitation work to be performed under the
contract requires a "Change Order" to reflect the respective increase
or decrease in the contract amount, at the time a Change Order
is executed, a new Promissory Note and Deed of Trust, to reflect
the adjusted contract cost, must be signed by the homeowner.
A copy of all loan documents will be provided the homeowner by
the Community Development Department.
SYNOPSIS OF CONTRACT PROCESS
CONTRACT ADMINISTRATION
The contract form provided by the Community Development Department
will be of a standard form, in order to assure inclusion of all
applicable federal and state rules and regulations. Although
the contract essentially is between the homeowner and the contractor.
the City will sign the contract as a third party and will act
as a liaison between the contractor and homeowner. Any disputes
between the contractor and homeowner will be mediated by the Community
Development Department, and the Department's decision will be
binding on both parties
PERMITS AND INSPECTIONS.
Prior to commencing the rehabilitation work 9 the contractor will
obtain a building permit from the city building Inspector (no
cost to homeowner) The building inspector will make necessary
and periodic inspections of the rehabilitation work to assure
the work complies, in all respects, with applicable construction
codes, as well as the contract provisions.
CHANGE ORDERS.
Any change in the work required to be performed under the contract
will not be authorized (therefore, not paid for) unless the change
is approved by the contractor, homeowner and city in the form
of a contract "Change Order" (form supplied by Community Development
Department). A change order must identify the nature and quantity
of the change, as well as the contractor's price for the work
to be added or deleted; the Community Development Department
reserves the right to determine whether or not the change is necessary
or appropriate and whether or not the contractor's price is excessive
Any approved change order requires the concommitant execution
of a new Promissory Note and Deed of Trust by the homeowner to
reflect the adjusted cost of the rehabilitation contract.
WARRANTIES.
The contractor will be required to provide to the homeowner any
and all warranties available from the manufacturers and suppliers
of any materials or fixtures installed in the dwelling under the
respective contract. This requirement must be fulfilled prior
to final payment to the contractor.
FINAL INSPECTION.
When the contractor indicates that all contract work is completed,
the city building inspector will perform a final Inspection of
the dwelling. The homeowner will be strongly encouraged to accompany
the inspector in the final inspection, in order that the homeowner
can verify satisfaction with the work performed by the contractor.
In a case where any of the contractor's work has not been properly
completed, the inspector will require the contractor to perform
that work necessary and appropriate to constitute compliance with
the contract. If any of a contractor's work is not satisfactory
to the homeowner, the inspector will determine whether or not
the quality of workmanship is normally acceptable; if not, the
inspector will require the contractor to correct the particular
item of work so that it meets the inspector's normally acceptable
standard of workmanship quality. The final determination in
any such dispute will rest with the Community Development Department.
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If a contract involves work performed by the homeowner, the inspector
shall determine whether or not the homeowner's work complies with
the contract provisions and whether or not the quality of workmanship
meets normally acceptable standards, if not, the City may take
such legal steps as are deemed necessary to correct the unacceptable
work
CERTIFICATE OF COMPLETION/RELEASE.
Upon satisfactory final inspection, the city building inspector
will complete and sign a Certificate of Completion. Signature
of the homeowner on the Certificate of Completion will constitute
the homeowner's final acceptance of the contract work.
FINAL PAYMENT.
Upon satisfactory final inspection and execution of the Certificate
of Completion by the inspector and the homeowner, the City will
obtain the following documents from the contractor.
(1) Final invoice,
(2) Written guarantee of contract work,
(3) Written release of liens from the contractor and any
subcontractors and suppliers.
Upon submittal of all necessary contractor documents, final contract
payment will be made by the city to the contractor
POST-COMPLETION INSPECTION.
The Community Development Department will make a follow-up inspection
of the work performed under the contract approximately thirty
(30) days after the Certificate of Completion date
******************
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Transamerica
Title Insurance Company THIS SPACE PROVIDED FOR RECORDER'S USE Ir Manse Mae
Title Insurance Services
FILED FOR RECORD AT REQUEST OF
WHEN RECORDED RETURN TO
Name
Address
City State Zip
Deed of Trust
(For Use in the State of Washington Only)
THIS DEED OF TRUST, made this day of , 19 , between
, GRANTOR,
v, hose ad(lie ,,s is
TR ANS AMERICA TITLE INSURANCE COMPANY, a corporation, TRUSTEE, whose address is
1200 Sixth Avenue, Seattle, Washington, and
, BENEFICIARY,
whose address is
WITNES'SETH Grantor hereby bargains, sells and conveys to Trustee in Trust, with power of sale, the
tollm% mg described teal property in County, Washington
which real property is not used principally for agricultural or farming purposes, together with all the ten-
ements, hereditaments, and appurtenances now or hereafter thereunto belonging or in any wise apper-
taining, and the rents, issues and profits thereof
This deed is for the purpose of securing performance of each agreement of grantor herein contained, and
payment of the sum of . . . Dollars ($ .
with interest, in accordance with the terms of a promissory note of even date herewith, payable to Bene-
ficiary or order, and made by Grantor, and all renewals, modifications and extensions thereof, and also
such further sums as may be advanced or loaned by Beneficiary to Grantor, or any of their successors or
assigns, together with interest thereon at such rate as shall be agreed upon
To protect the security of this Deed of Trust, Grantor covenants and agrees
1 To keep the property in good condition and repair, to permit no waste thereof, 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
)rm No W 166
ore%mus Form No DT 15)
2 '10 pay .hefore delinquent all lawful taxes and assessments upon the property, to keep the property free and clear of all -other
charges, hens or encumbrances impairing the security of this Deed of Trust
3 To keep all buildings now or hereafter erected on the property described herein continuously insured against loss by fire or other
ha7ards in an amount not less than the total debt secured by this Deed of Trust All policies shall be held by the Beneficiary, and
he in such companies as the Beneficiary may approve and have loss payable first to the Beneficiary, as its interest may appear, and
thi n to the Grantor The amount collected under any insurance policy may be applied upon any indebtedness hereby secured in such
order as the 13cneficiary shall determine Such application by the Beneficiary shall not cause discontinuance of any proceedings to
foreclose this Deed of Trust In the event of foreclosure, all rights of the Grantor in insurance policies then in force shall pass to the
purchaser at the foreclosure sale
4 To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and
to pay all costs and expenses, including cost of title search and attorney's fees in a reasonable amount, in any such action or pro-
ceeding and in an suit brought by Beneficiary to foreclose this Deed of Trust
5 To pay all costs fees and expenses in connection with this Deed of Trust, including the expenses of the Trustee incurred in en-
forcing the obligation secured hereby and Trustee's and attorney's fees actually incurred, as provided by statute
6 Should Grantor fail to pay when due any taxes, assessments, insurance premiums, hens, encumbrances or other charges against
the property hereinabove described Beneficiary may pay the same and the amount so paid with interest at the rate set forth in the
note secured hereby shall be added to and become a part of the debt secured in this Deed of Trust
IT IS MUTUALLY AGREED THAT
1 In the event any portion of the property is taken or damaged in an eminent domain proceeding, the entire amount of the award
or such portion as may be necessary to fully satisfy the obligation secured hereby, shall be paid to Beneficiary to be applied to said
obligation
2 By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its right to require prompt pay
ment v.hen due of all other sums so secured or to declare default for failure to so pay
3 The Trustee shall reconyey all or any part of the property covered by this Deed of Trust to the person entitled thereto, on written
request of the Grantor and the Beneficiary or upon satisfaction of the obligation secured and written request for reconveyance made
by the Beneficiary or the person entitled thereto
4 Upon default by Grantor in the payment of any indebtedness secured hereby or in the performance of any agreement contained
herein all sums secured hereby shall immediately become due and payable at the option of the Beneficiary In such event and upon
written request of Beneficiary, Trustee shall sell the trust property, in accordance with the Deed of Trust Act of the State of Wash
ington, at public auction to the highest bidder Any person except Trustee may bid at Trustee's sale Trustee shall apply the proceeds
of the sale as follows (1) to the expense of the sale, including a reasonable Trustee's fee and attorney's fee, (2) to the obligation
secured by this Deed of Trust, (3) the surplus, if any, shall be distributed to the persons entitled thereto
5 Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey to the purchaser the interest in
the property which Grantor had or had the power to convey at the time of his execution of this Deed of Trust and such as he may
have acquired thereafter Trustee's deed shall recite the facts showing that the sale was conducted in compliance with all the re-
quirt ments of lav‘ and of this Deed of Trust which recital shall be prima facie evidence of such compliance and conclusive evidence
thereof in fa) or of bona fide purchaser and encumbrancers for value
b The power of sale conferred by this Deed of Trust and by the Deed of Trust Act of the State of Washington is not an exclusive
remedy Beneficiary may cause this Deed of Trust to be foreclosed as a mortgage
7 In the eNent of the death incapacity, disability or resignation of Trustee, Beneficiary may appoint in writing a successor trustee,
and upon thi- ri cording of such appointment in the mortgage records of the county in which this Deed of Trust is recorded, the
suc«ssor trust( li ill be vested with all powers of the original trustee The trustee is not obligated to notify any party hereto of
pending '.ili under -my other Deed of Trust or of any action or proceeding in which Grantor, Trustee or Beneficiary shall be a party
unless such iction or proceeding is brought by the Trustee
8 This Di ed of Trust applies to inures to the benefit of and is binding not only on the parties hereto, but on their heirs, devisees,
legati es administrators executors and assigns The term Beneficiary shall mean the holder and owner of the note secured hereby,
whether or not named as Beneficiary herein
STATE OF WASHINGTON
COUNTY OF
On this day personally appeared before me
to me known to be the individual described in and
who executed the within and foregoing instrument,
and acknowledged that signed the same
as free and voluntary act and deed,
for the uses and purposes therein mentioned
GIVEN under my hand and official seal this
day of ,19
Notary Public in and for the State of Wash-
ington residing at
STATE OF WASHINGTON
COUNTY OF
On this day of ,19
before me, the undersigned, a Notary Public in and for the State of Wash-
ington, duly commissioned and sworn, personally appeared
and
to me known to be the President and Secretary,
respectively of
the corporation that executed the foregoing instrument, and acknowledged
the said instrument to be the free and voluntary act and deed of said corpor-
ation, for the uses and purposes therein mentioned and on oath stated that
authorized to execute the said instrument and that the seal
affixed is the corporate seal of said corporation
Witness my hand and official seal hereto affixed the day and year first
above written.
Notary Public in and for the State of Washington,
residing at.
REQUEST FOR FULL RECONVEYANCE
Do not record To be used only when note has been pazd
TO TRUSTEE
The undersigned is the legal owner and holder of the note and all other indebtedness secured by the within Deed of Trust. Said
note, together with all other indebtedness secured by said Deed of Trust, has been fully paid and satisfied, and you are hereby re-
quested and directed, on payment to you of any sums owing to you under the terms of said Deed of Trust to cancel said note above
mentioned, and all other evidences of indebtedness secured by said Deed of Trust delivered to you herewith, together with the said
Deed of Trust and to reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, all the estate now
held by you thereunder
Dated , 19
BLOCK GRANT DEFERRED LOAN PRO6AM
PROMISSORY NOTE
Pasco, Washington
Iv!. \mu, RDCLIVED, the undersigned jointly and severally promise (s) to pay to
the oider of the City of Pasco, a municipal corporation, or its successors, the
sal of $
($ ), in lawful money of the United States.
This obligation shall be adjusted annually on the anniversay date of this note by
the rate of increase or decrease, as the case may be in the Consumer Price Index
(CPI) National Average, All Urban Consumers. The full amount of this obligation,
as then currently adjusted, is due and to be paid upon the happening of any event
specified below.
This Note shall become due and payable upon any actual or attempted transfer,
sale, or conveyance, voluntary or involuntary, including by operation of law or
upon the death of Owner (Where Ownership is joint, or in common, upon death of the
survivor having an interest at the date of this Note) of certain real property
identified and described in the Deed of Trust signed and dated the date of this
Note Said payment shall be made in lawful money of the United States of America
at office of the City Treasurer of Pasco, Washington, or at such other places as
shall be designated by the City. In the event this Note becomes due and payable
because of actual sale of the undersigned's Interest in said property, this Note
shall bear an interest rate of ten percent (10%) per annum, from date of such
sale.
It the undersigned shall ever be in default with respect to any provision hereof;
and the City shall incur costs or through its attorney or other attorney employed
by the City make any demand or otherwise protect or enforce its rights herein, the
undersigned shall pay all costs and expenses incurred by the City, including
reasonable attorneys fees, which in no case shall be less than $75.00.
Demand, protest and notice of demand and protest are hereby waived, and the
undersigned hereby waived, to the extent authorized by law, any and all homestead
and other exemption rights which otherwise would apply to the debt evidenced by
this Note.
.1% hITNESS WHEREOF, this Note and Deed of Trust securing the Note, have been duly
c\ocuted by the undersigned, as of the date first above written.
Owner
Owner
****************************************
STAM OF WASHINGTON )
ss
COUNn OF FRANKLIN )
On this day personally appeared before me
to me known to be the individual (s)
-oscribed in and who executed the within and foregoing instrument, and acknowledged
that signed the same as free and voluntary act and deed, for
A , uses and purposes therein mentioned.
GIVEN under my hand and official seal this
day of
Notary Public in and for the State of
Washington residing in
AGENCY 0
By
CHAIRMAN ounty Commissioners/Mayor
, Ad," 4.• orr,
irr 4d!4
FORM 140-03i
DOT REVISED 3/ FY
AGENCY
FEDERAL AID PROJECT NUMBER
WASHINGTON STATE
DEPANYMMT IF TRANSPORTATION
CITV/C UNTY AGREEMENT
Pasco
DATE
June 8, 1983
AGREEMENT NUMBER
The Local Agency having complied, or hereby agreeing to comply, pith the terms and conditions set forth in (1) Title 23, U S Code
Highways, (2) the regulations issued pursuant thereto (3) Office of Management and Budget Circular A-102, (4) the policies and
procedures promulgated by the Washington State Department of Transportation and, (5) the Federal-aid Project Agreement
entered into between the State and Federal Government, relative to the above project, the Washington State Department of
Transportation will authorize the Local Agency to proceed on the project by a separate notification Federal funds which are to be
obligated for the project may not exceed the amount shown herein on line p column (3) without written authority by the State,
subject to the approval of the Federal Highway Administrator All project costs not reimbursed by the Federal Government shall be
the responsibility of the Local Agency
PROJECT DESCRIPTION
Name North Fourth Avenue Length 1.75
Terrnms North of SR 12 right of way to north City limits,
Description of Work Place approved fabric material over existing 22° roadway,
excavate shoulder, place 5/8 crushed rock, overlay to 30 width.
TYPE OF WORK
ESTIMATE OF FUNDING
(1)
Estimated Total
Prolect Funds
(2)
Estimated
Agency Funds
(3)
Estimated
Federal Funds
PE a Agency Work
b State Services
c Other
d Total Prelim Eng Cost Estimate
RIght-of-Way e Agency Work
f State Services
g Other
h Total R/W Cost Estimate
Construction 1 Contract
Engineeringi Agency Force
10 % k State Force
{
24.000
800
24.800
4,078
136
4,214
19.922
664
20,586
231,500
22,100
800
800
255.200
39,331
3,755
136
136
43.359
192,168
18.345
664
664
211.842
I Audit
m Other
n Other
o Total Construction Cost Estimate
p TOTA
JECT
L COST ESTIMATE OF THE
PRO 280,000 47,572 232,428
WSDOT USE ONLY
Work Order Accounting Plan
Pros I F C I C S
Ft:er"%ato
WOAP
Ne
Auth
...b.
Owe
WOAP AMOUNT AVM OWE
The Federal -aid participation rate in this project will be determined by the Federald Government The parties expect that it will be 83.01 %
however it is understood that the rate may vary The Local Agency agrees that this agreement is entered without relying upon any representation
by the State made outside of this contract or contained herein as to what the Federal participation rate will be It further agrees that it will not
condition any future actions with respect to the project covered by this agreement upon past current or future representations as to the Federal
participation rate The dollar amount of Federal participation cannot exceed the amount shown in line p column (3) All costs not reimbursed by
the Federal Government will be the responsibility of the Local Agency
CONSTRUCTION METHOD OF FINANCING
STATE AD & AWARD
METHOD A Advance Payment - Agency Share of Total Construction Cost (Based on Contract Award)
METHOD B Withhold From Gas Tax the Agency s Share of Total Construction Cost (line o cola)
in the amount of $ at $ per month for months
LOCAL FORCE OR LOCAL AD & AWARD
METHOD C Agency Cost Incurred with Partial Reimbursement
(Check Method Selected)
( )
The Local Agency further stipulates that pursuant to said Title 23 regulations and policies and procedures, and as a condition
to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions set forth on the reverse
hereof Adopted by official action on , 19 , Resolution/Ordinance No
WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION
By
Slate Aid Engineer
4230' 3
Date Executed