HomeMy WebLinkAboutWater Quality Improvement Loan Agreement Number 92-005-18 011993 oQ/Gs , i— ,9- 93
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WATER QUALITY IMPROVEMENT
LOAN AGREEMENT
NUMBER 92-005-18
AGREEMENT made this ic-Pgilday of Orr , 1992, by and between JEFFERSON COUNTY,
hereinafter referred to as the "COUNTY", and Thomas E. Fields and Pam Fields and Egon Calundann
and Marolyn Calundann hereinafter referred to as the "OWNER".
COUNTY and OWNER agree as follows:
1. PREMISES: Owner shall have installed the rehabilitation measures described in the attached
Exhibit "A", REHABILITATION MEASURES, hereinafter referred to as the "REHABILITATION
MEASURES", on the property located at 20 Mustang Lane, Brinnon WA 98320, hereinafter
referred to as the "PREMISES". OWNER has provided a legal description of the PREMISES,
which is set forth in the attached Exhibit "B". OWNER represents that he is the OWNER or
CONTRACT PURCHASER of the PREMISES.
2. REHABILITATION MEASURES:OWNER represents that OWNER has contracted with a
contractor or contractors acceptable to the COUNTY for the purchase and installation at the
PREMISES of the REHABILITATION MEASURES.
3. LOAN: The COUNTY will loan OWNER the amount of Five thousand nine hundred thirty-
nine and 84/100 dollars ($5,939.84) hereinafter referred to as the "LOAN", after installation
of the REHABILITATION MEASURES. The COUNTY may make such LOAN by paying
contractor on behalf of OWNER. OWNER shall be responsible for paying all other obligations
to contractor above the amount of the LOAN.
4. PROMISSORY NOTE AND DEED: At the time of the LOAN, OWNER shall execute a promissory
note, herinafter referred to as the "NOTE", to the COUNTY for the amount of the LOAN in
the form set forth as Exhibit "C". The NOTE shall be secured by a deed of trust on the
PREMISES, in the form attached as Exhibit "D", which shall be executed by OWNER
simultaneously with the execution of the NOTE.
5. REPAYMENT OF THE LOAN: OWNER shall repay the LOAN pursuant to the terms specified
in the NOTE.
6. SEPARATE CONTRACT: The purchase and installation of the REHABILITATION MEASURES
are to be provided for under a separate contract between OWNER and contractor. COUNTY
shall not be, and shall not be deemed to be, a party to such contract. All obligations to
contractor shall be OWNER's and not COUNTY's responsibility. OWNER expressly
acknowledges the COUNTY's involvement with respect to the REHABILITATION MEASURES,
including but not limited to any inspection by COUNTY of the PREMISES or of the
REHABILITATION MEASURES, is solely undertaken in connection with furnishing the LOAN.
The types of materials, methods of installation, quality and timing thereof; and any warranties
with respect to the REHABILITATION MEASURES or their installation at the PREMISES are
solely matters to be agreed upon between OWNER and contractor. COUNTY does not make
(and OWNER acknowledges that COUNTY does not make) any implied or express warranty
(including but not limited to any implied warranty of merchantability of fitness),
representation or promise with respect to either (a) the REHABILITATION MEASURES, (b) any
materials and labor required for the installation of the REHABILITATION MEASURES, or (c) the
installation of the REHABILITATION MEASURES.
7. RELEASE: OWNER releases COUNTY from any and all claims, losses, harm, costs, liabilities,
damages, and expenses directly or indirectly resulting from or in connection with either (a)
the REHABILITATION MEASURES, (b) any materials and labor required for the installation of
the REHABILITATION MEASURES, or (c) installation of REHABILITATION MEASURES.
8. ENTIRE AGREEMENT: All exhibits hereto are incorporated into this AGREEMENT. This
AGREEMENT sets forth the entire AGREEMENT between the parties and supersedes any and
all prior agreements with respect to the REHABILITATION MEASURES. No change,
amendment, or modification of any provision of this AGREEMENT shall be valid unless set
forth in a written amendment to this AGREEMENT signed by both parties.
L__
t, Executed as of the date first hereinabo - written.
Granting Authority:
r 3 /r' /CIL „ p _ LA/4r.
7 Dated ichard Wojt, Chairm.
etterson County Board of Commissioners
STATE OF WASHINGTON)
ss.
County of Jefferson)
On this day personally appeared before me c7� ..x 4 ..,u//,� �,7 ���(
and , to me known to be the Qndividual(s) descrildd in an who
executed the foregoing instrument, and acknowledged to me that they signed and
sealed this said instrument as their free and voluntary act and deed for the uses and
purposes therein mentioned.
Given under my hand and official seal this/f..rday of (l/ 1992.
aRY UBLIC in and for the
State of Washington residing
at Port Townsend.
My commission expires c . /6► 19 9/�/
Owner(s):
�� . rl' /9 9 z /947/92
Date Date
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om s . ie s Egd Calundann
vr
am ie s arol rrCalundann
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ree-044LOG
STATE OF WASHINGTON)
) ss.
County of Jefferson)
�n this day,personally appeared before me -/'r-'i and / ���>U
��s `, to me known to be the individuals described in and who execute/
the foregoing instrument, and acknowledged to me that they signed and sealed this
said instrument as their free and voluntary act and deed for the uses and purposes
therein mentioned.
Given under my hand and offici this y of 0r. 1992.
NO RY U C in and for the
State of Washington residing DAVID E. TRIMMER
at Port Townsend. STATE OF WASHINGTON
My commission expires /).:o a6" NOTARY_....PUBLIC
14 STATE OF WASHINGTON) �Erss2�6
) ss.
County of Jefferson)
On this day personally appeared before me R `'AA.aczz
.aczz 9 ---1` aa.d
to me known to be the in ividuals described irtond who executed
the foregoing instrument, and acknowledged to me that they signed and sealed this
said instrument as their free and voluntary act and deed for the uses and purposes
therein mentioned.
Given under my hand and official sal this /y day of 199
ARY •UBLIC in and for the
State of Washington residing
at Port Townsend.
My commission expires ,30 e/5
REFERENCE: 92-005-18
EXHIBIT "A"
REHABILITATION MEASURES
The rehabilitation measures are those requirements or condi-
tions stated in the sewage disposal permit issued by the Jefferson
County Health Department and approved in _April 1992
REHAB NO: 92-005-18
ts. t111 1 IflC M\711CCIVICI\1. /111 QAI nv.aa ..vv.ivy,u avaa ..•av .••• ._
AGREEMENT sets forth the entire AGREEMENT between the parties and supersedes any and
EXHIBIT "B"
PREMISES
LEGAL DESCRIPTION:
Lot 129, LAZY C RANCH, DIVISION 1, according to the plat thereof
recorded in Volume 5 of Plats, pages 9 through 11, records of
Jefferson County, Washington.
i
•
' _�� JEFFERSON COUNTY
or. .i
" � . ' PLANNING AND BUILDING DEPARTMENT
tft 4 l'A 0 ,* , j r
%-' a(.. ;_ * P.O. Box 1220
r- �. e; t ',r, Port Townsend, Washington 98368
•,i 4" am-i, it 1 ry 4-
1 Planning(206)385-9140
.- t� l ; � ;}" ''.,�' Building(206)385-9141
' __ ____�—— FAX(206)385-9357
JEFFERSON COUNTY COURTHOUSE Craig Ward, Director
EXHIBIT "C"
PROMISSORY NOTE
(Deferred Payment)
NUMBER 92-005-18
Jefferson County, Washington
FOR VALUE RECEIVED, undersigned owner(s) promises to pay to the order of Jefferson County, a
political subdivision of the State of Washington, with its county seat in Port Townsend, Washington,
hereinafter referred to as "BENEFICIARY," the sum of Five thousand nine hundred thirty-nine and
84/100 dollars, ($5,939.84) in lawful money of the United States of America, which is the actual
costs of Rehabilitation Measures and Loan Costs associated with the project. Interest shall be
charged on this NOTE as set out below. The principal and interest shall be payable to Jefferson
County at the office of Jefferson County Treasurer at Port Townsend, Washington, or such other
place as BENEFICIARY may designate in writing. The principal amount of this NOTE shall be due and
payable at such time as: (1) the grantor dies; (2) the grantor fails to maintain his or her permanent
residence on the real property which secures this NOTE, which is set out in the premises attached
hereto as Exhibit "B" and the deed of trust attached hereto as Exhibit "D," and by this reference
incorporated herein; or, (3) the real property subject to the deed of trust, attached hereto as Exhibit
"D," is transferred, sold, or conveyed, or any interest in the said property is transferred, sold, or
conveyed. Where grantors are husband and wife at the time of execution of this NOTE, a transfer
of the interest of one spouse to the other on dissolution of marriage or on death will not constitute
a transfer of interest which makes this NOTE due and payable.
INTEREST RATE: There will be a Zero percent (0%) interest rate charge for the first five (5) years.
An interest rate of Four percent (4%) per annum compounded annually will be charged thereafter on
the unpaid balance of the LOAN. The interest will be collected at such time as the principal amount
of this NOTE is due and payable.
PREPAYMENT OF NOTE: The grantor may pay the debt evidenced by this NOTE in full, or may pay
any portion, without penalty at any time; however, any such payment will be credited to grantor's
account as if received on the final day of the current interest period.
If default be made in the payment of the indebtedness when due, then, at the option of the holder
of this NOTE, the entire indebtedness shall thereafter bear interest at the maximum rate permitted
by law.
If this NOTE is placed in the hands of an attorney for collection after any default, whether suit is
brought or not, OWNER promises to pay all costs of collection, including reasonable attorney's fees,
and agrees that at the option of the holder the venue of any such suit may be laid in Jefferson
County, Washington.
Failure of BENEFICIARY to exercise all or any of its rights herein shall not constitute a waiver of any
of such rights. Each and every party signing or endorsing this NOTE hereby waives presentment,
demand, protest, and notice of non-payment hereof and binds himself as a principal and not as a
surety.
This NOTE is secured by a deed of trust of even-date-herewith granted by OWNER to Jefferson
County.
Beneficiary Representative:
Dated Rchar ojt, airman
erson County Boara of Commissio rs
STATE OF WASHINGTON)
1 ss.
County of Jefferson)
On this day personally appeared before me f�'i‘CJ ct 6 �pi-I-
, to me known to be the individual(s) described in and who
executed the foregoing instrument, and acknowledged to me that they signed and
sealed this said instrument as their free and voluntary act and deed for the uses and
purposes therein mentioned.
Given under my hand and official seal this ftday of „ it444,taikt 199g.
AR PUB I in and for the
State of Washington residing at Port Townsend.
My commission expires g{ / 0/95
Own
-17as E. Fields n Calundann
Pam Fields arolyn lundann
STATE OF WASHINGTON)
ss.
County of Jefferson)
On this day personally appeared before me ��^ and/'�7e% �% ����
to me known to be the individuals described'in and who executed the oreg ing instrument, an
acknowledged to me that they signed and sealed this said instrument as their free and voluntary act
and deed for the uses and purposes therein mentioned.
Given under my hand and official seal this / ay of ' 1992.
NOTAR UBL C in an for the
State of Washington residing t Port Town ncbAvo £ TRINER
My commission expires a /,; . STATE OF WASHINGTON
STATE OF WASHINGTON) NOTARY PUBUC
County of Jefferson) ► ss. MY Commission Lyres. 2'2446
On this day personally appeared before m �-71,,., r , and d is g,
to me known to be the individuals described in and who executed the foregoing instrument, and
acknowledged to me that they signed and sealed this said instrument as their free and voluntary act
and deed for the uses and purposes therein mentioned.
Given under my hand and official seal this )lJ'Lday of Pc - 1992.
NOT Y PUBLIC in and for the
State of Washington residing at Port Townsend.
My commission expires-, r' ;/ , c i 1-/
REFERENCE: 92-005-18