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Home My WebLink AboutJennifer L. Turney 020993 6106 . f G /9/mtf t/I,c/C- _ / _ 7 3 Dn loin? ; JEFFERSON COUNTY 4- PLANNING AND BUILDING DEPARTMENT to � f sr rI ti =4 r P.O. Box 1220 e i t Port Townsend, Washington 98368 • if 5: --juL . ipt , r Planning (206) 385-9140 l�;�. .� 1 _ --- fix, . Building(206) 385-9141 JEFFERSON COUNTY COURTHOUSE Craig Ward, Director WATER QUALITY IMPROVEMENT LOAN AGREEMENT NUMBER 93-001-19 et- AGREEMENT made this l day of :.1Jry , 1993, by and between JEFFERSON COUNTY, hereinafter referred to as the "COUNTY", and Jennifer L. Turney 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 5010 Kuhn Street, Port Townsend, 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 four thousand three hundred nineteen dollars and forty-four cents ($4,319.441 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 land 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. Executed as of the date first hereinabove written. j Granting Authority: , Dated Wojt, Chairman Jefferson County Board of Commission STATE OF WASHINGTON ► ►ss. County of Jefferson ► On this day personally appeared before me c' j) Lb° rt _ . , to me known to be the individual(s) descHbed in and who executed the foregoing instrument, and acknowledged to me that they signed and sealed this said instrument as their fee and voluntary act and deed for the uses and purposes therein mentioned. 97, Given under my hand and official seal this /(2 day of l,Gi , 993 TARY PUBLIC in and for th Stat of Washington residing at Po Townsend. Owner(s): to J nn er L. urney • STATE OF WASHINGTON ) )ss. County of Jefferson ► On this day personally appeared before me y- L to me known to be the individual(s) described in and who executed the foregoing ir(strument, and acknowledged to me that they signed and sealed this said instrument as their fee and voluntary act and deed for the uses and purposes therein mentioned. Given under my hand and official seal this "day of 1993. NOTARY PUBLIC in and for the State of Washington residing at Port Townsend. Ref: REHAB NO: 93-001-19 EXHIBIT "A" REHABILITATION MEASURES The rehabilitation measures are installation of a pressure pump and plumbing and electrical hook-up to City of Port Townsend sewer, as per proposal of Roy Lindsey Excavating, dated January 12 , 1993 and as per Port Townsend Permit to Perform Work in Street Right-of-Way, dated January 29, 1993 . REHAB NO: 93-001-19 EXHIBIT "B" PREMISES LEGAL DESCRIPTION: All of Block 10 , CALIFORNIA ADDITION to the City of Port Townsend, asper plat recorded in Volume 2 of Plats , page 99 , records of Jefferson County, Washington. _ �� L JEFFERSON COUNTY - �y PLANNING AND BUILDING DEPARTMENT P.O. Box 1220 . {*r ;? 6'is lir-Ai 'J.-. ''" Port Townsend, Washington 98368 t 4,•..-. . l ' ii; -;1t, Planning(206)385-9140 t �: - � 'e ' ; �,= r' Building(206)385-9141 � 4sr+'—'� _-' - -- — FAX(206)385-9357 JEFFERSON COUNTY COURTHOUSE Craig Ward, Director EXHIBIT "C" PROMISSORY NOTE (Deferred Payment) NUMBER 93-001-19 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 four thousand three hundred nineteen and 44/100 dollars, ($4,319.44) 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; 12► 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 hrewith granted by OWNER to Jefferson County. Beneficiary Representative: /� /i �' ice` Dated ! �i rd Wojt, Chairman ` `\, l Jefferson County Board of Commissioners STATE OF WASHINGTON) 1 ss. County of Jefferson) On this day personally appeared before meg‘Ofta.Rb G W eat- , 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 day of ,-/zaa/u-i .1993. C� dux N TARYi PUBLIC in and for the State of Washington residing at Port Townsend. My commission expires $/cf c7s Owner(s): ; `- e, i et . urney STATE OF WASHINGTON) 1 ss. County of Jefferson) On this day personally appeared before me iv o - L. . �ut,-reed, 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 (9 day of e--L .-vc..� 1933. .._—_ Ir----�`— / NOTARY PUBLIC in and for the State of Washington residing at Port Townsend. My commission expires fc2i7/i9 3 REFERENCE: 93-001-19