HomeMy WebLinkAboutD 20170215001175 When recorded return to:
City Clerk
City of Renton
1055 South Grady Way CONFORMED COPY
Renton, WA 98057-3232
20170215001175
CITY OF RENTON DT 151.00
PAGE-001 OF 078
02/15/2017 14:38
DEED OF TRUST I Assessor's Property Parcel/Tax Account
Number: 7231502210
. _ ____ _
Reference Number(s) of Documents assigned or released: N/A
Grantor(s): Grantee(s):
1. Cortona LLC, a Washington Limited 1. City of Renton, a Washington Municipal
Liability Company Corporation
LEGAL DESCRIPTION: (Abbreviated or full legal must go here. Additional legal on Exhibit A)
Ptn. Lots 11 & 12, Blk 25 Town of Renton Vol 1 Pg 135
DEED OF TRUST
THIS DEED OF TRUST, made this 1� day of /�,?�f�,�j�,r- , G Gl j�
between Cortona ILC, a Washington corporation/limited liability company, having its office at
10232 63rd Avenue South, Seattle, WA 98178 ("Grantor"), First American Title Company,
having its office at 818 Stewart Street, Suite 800, Seattle, WA 98101 ("Trustee"), and the
City of Renton, a Washington municipal corporation, having its office at 1055 South Grady
Way, Renton, Washington 98057 ("Beneficiary").
WITNESSETH: Grantor hereby bargains, sells, and conveys to Trustee in trust, with power of
sale, the following described real property in King County, Washington:
See Exhibit A, Legal Description, attached hereto and incorporated herein by this reference.
King County Parcel Number: 7231502210, which real property is not used principally for
agricultural or farming purposes, together with all the tenements, hereditaments, and
DEED OF TRUST-Page 1
appurtenances now or hereafter thereunto belonging or in any wise appertaining, and the
rents, issues, and profits thereof.
This Deed of Trust is for the purpose of securing performance of each agreement of Grantor
contained in this Deed of Trust, and payment of the sum of two hundred thousand dollars
($200,000) with interest, in accordance with the terms of a Promissory Note of even date
herewith, payable to Beneficiary 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, together with interest thereon at such rate as shall be
agreed upon, and the performance of the covenants and agreements of the Grantor, which
follow. The Promissory Note is described as follows:
One Promissory Note, describing a Deferred Payment Loan in the principal amount of two
hundred thousand dollars ($200,000). Upon default of any of the terms and conditions of the
Note, interest will accrue at the rate of four percent (4%) per annum and the principal
balance will become due and payable.
DUE DATE: The date of total forgiveness shall be five years after the recordation of this
Deed of Trust, estimated to be March 31, 2021, provided Grantor has paid all other sums,
with interest, advanced to protect the security of this Deed of Trust, and complied with all
covenants and agreements.
A. 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 accumulation of
debris, graffiti, or waste thereof; to take all actions necessary to maintain and ensure the
neat and clean appearance of the surrounding streetscape area; 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.
2. To pay before delinquent all lawful taxes and assessments upon the property; to
keep the property free and clear of all other charges, liens, 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 hazards in an amount not less than the
total debt secured by this Deed of Trust. All policies shall be held by the Beneficiary, and be
in such companies as the Beneficiary may approve and have loss payable first to the
Beneficiary, as its interest may appear, and then to the Grantor. The amount collected
under any insurance policy may be applied upon any indebtedness hereby secured in such
DEED OF TRUST-Page 2
order as the Beneficiary 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 proceeding,
and in any suit brought by Beneficiary to foreclose this Deed of Trust.
S. To pay all costs, fees, and expenses in connection with this Deed of Trust, including
the expenses of the Trustee incurred in enforcing 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,
liens, 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.
7. This Deed of Trust and Promissory Note were executed and delivered to secure
monies advanced to the Grantor by the Beneficiary as or on account of a loan evidenced by
the Promissory Note, for the purpose of rehabilitating the property.
8. DUE ON SALE: The property described in this security instrument may not be sold or
transferred without the Beneficiary's consent. Upon breach of this provision, Beneficiary
may declare all sums due under the note and Deed of Trust immediately due and payable,
unless prohibited by applicable law.
9. NO FURTHER ENCUMBRANCES: As an express condition of Beneficiary making the
loan secured by this Deed of Trust, Grantor shall not further encumber, pledge, mortgage,
hypothecate, place any lien, charge or claim upon, or otherwise give as security the property
or any interest therein nor cause or allow by operation of law the encumbrance of the Trust
Estate or any interest therein without the written consent of a Beneficiary even though such
encumbrance may be junior to the encumbrance created by this Deed of Trust.
Encumbrance of the property contrary to the provisions of this provision shall constitute a
default and Beneficiary may, at Beneficiary's option, declare the entire balance of principal
and interest immediately due and payable, whether the same be created by Grantor or an
unaffiliated third party asserting a judgment lien, mechanic's or materialmen's lien or any
other type of encumbrance or title defect.
DEED OF TRUST-Page 3
B. 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 by this Deed of Trust shall be paid to Beneficiary to be applied
to said obligation.
2. By accepting payment of any sum secured by this Deed of Trust after its due date,
Beneficiary does not waive its right to require prompt payment when due of all other sums
so secured or to declare default for failure to so pay.
3. The Trustee shall reconvey, at the Grantor's sole expense, 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 by this Deed of
Trust or in the performance of any agreement contained in this Deed of Trust, all sums
secured hereby shall immediately become due and payable at the option of the Beneficiary
subject to any cure period provided in the note secured by this Deed of Trust. In such event
and upon written request of Beneficiary, Trustee shatl sell the trust property, in accordance
with the Deed of Trust Act of the State of Washington, 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; and (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 all right, title and interest in the real and personal property
which Grantor had or had the power to convey at the time of the execution of this Deed of
Trust, and such as Grantor may have acquired thereafter. Trustee's deed shall recite the
facts showing that the sale was conducted in compliance with all the requirements of law
and of this Deed of Trust, which recital shall be prima facie evidence of such compliance and
conclusive evidence thereof in favor of bona fide purchaser and encumbrancers for value.
6. 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 event of the death, incapacity, disability, or resignation of Trustee, or at the
discretion of the Beneficiary, Beneficiary may appoint in writing a successor trustee, and
upon the recording of such appointment in the mortgage records of the county in which this
DEED OF TRUST-Page 4
Deed of Trust is recorded, the successor trustee shall be vested with all powers of the
original trustee. The trustee is not obligated to notify any party hereto of pending sale
under any other Deed of Trust or of an action or proceeding in which Grantor, Trustee, or
Beneficiary shall be a party unless such action or proceeding is brought by the Trustee.
8. This Deed of Trust applies to, inures to the benefit of, and is binding not only on the
parties hereto, but on his/her/their heirs, devisees, legatees, 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.
9. ADDITIONAL TERMS AND CONDITIONS: (check one)
a. ( ) None
b. (✓) As set forth on the Fa�ade Improvement Agreement, attached hereto as Exhibit
B, which is incorporated by this reference.
(Note: If neither "a" nor "b" is checked, then option "a" applies.)
DEED OF TRUST-Page 5
Grantor—Cortona LLC
<
BY �"���rZ-�Le V E'� �—c�--�.�. gy �(��C� �l ,/ )� ,t C�����../
�orge Br�thauer �/lonica Brethauer
Member, Cortona LLC Member, Cortona LLC
a.c�c/co����.���Fc;�r,g a=�c�;�°o�rzE���.1��vr
Notary Seal must be within STATE OF t��y�st-r-i,�c,-,-cr�y ) SS
box
COUNTY OF �, �; C )
On this I`�� dayof ivav�,�.�->,.,_, 20 iS, before me
personally appeared:
� . ����E�mv��c� to me known to be the �wn�-Ys
�::,.:. a;
� > � . .` �° � of ����F S 3�d S+,SZ��,� and acknowledged
. "r.°.
`� � `���'����'{' `� _.�f F the said instrument to be the free and voluntary act and
�x, .
� . � deed of said limited liability company/corporation, for the
uses and purposes therein mentioned, and each on oath
� . ., , � ��� stated that he/she was authorized to execute said
instrument and that the seal affixed, if any, is the corporate
seal of said corporation.
�-- �
Notary Pu�ic in and for the State of iac� r�� Nc rv A�
Notary (Print) �.�im�►«��izi t-c
My appointment expires: $-I-t-7
Dated: I�- i�- r 5
DEED OF TRUST-Page 6
REQUEST FOR FULL RECONVEYANCE- Da nat recard. To be used only when note has been
paid.
TO: TRUSTEE
The undersigned is the legal owner and halder of the note and aH ather indebtedness secured
by#he within Deed af Trust. Said note, tagether with ail other indebtedness secured by said
Deed of Trust, has been fully paid and satisfied; and you are hereby requested and directed,
on payment to you of any sums owing ta you under the terms af said Deed of Trust, ta cancel
said note above mentianed, 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, ta the parties designated by the terms of said Deed af Trust, all the estate
now held by yau thereunder.
Dated:
DEED OF TRUST-Page 7
EXHISIT A
LEGAI DESCRtPTiON
Real property in the County af King, State of Washington, described as follaws:
LOTS 11 AND 12, BLC3CK 25,TOWN OF RENTON,ACCORDtNG TO THE PLAT THEREOF
RECORDED 1N VOLUME 1 t3F PLATS, PAGE 135, RECORDS OF K1NG COUNTY, WASHINGTON;
EXCEPT THE WEST 5 FEET THEREOF CONVEYED TO THE TOWN OF RENTON FOR ALLEY, BY
DEED RECORDED UNDER RECORDING NUMBER 4332679.
EXHIBIT B
FA�ADE IMPROVEMENT AGREEMENT
�
�A�ADE IMPROVEMENTAGREEMENT CAG-15-220
DEVELfJPERf OWNER
--�� This Fa4ade fmprovement Agreement �the "Agreement"j is made this � day of
�—2015, between Cartona, �l.0{"Develaper"), and the City of Renton {"City„)� acting by
and through the Department o#Cammunity and Ecanomic Develapment (CED}, having its affice
at 1Q55 South Grady Way, Rentan, Washington 98057, and is executed for the purpose of
praviding funding to DeveCaper thraugh City's Fa4ade impravement Loan Program (the
"Program")€or the rehabilitation af the€a�ade of a building located at 724 5. 3`�Street, Rentan,
Washington {the "Property"}.
IN CQNSIC}ERAT#ON OF DEVEItJPER'S C4MPI.IANCE Wfi7N THIS FA�ADE
IMPRt�VEMENT AGREEMENT, CiTY AGREES TO PROVIDE DEVELOPER THE fOLLOWING
FUN€�ING FC1R REHABtLITATiC)N t3F PROPERTY:
A conditional iaan not to exceed $200,Od0. The Program funding wi(I be provided in the
farm of a loan that wiil be forgiven following a five (5}-year period, beginning with the
recordatian of a deed af trust but subject to certain provisians within this Agreement, and
provided that Developer is in campliance with the terms below, the Develaper remains the
owner of the Property, the Property and the fa�ade continue to be maintained, and insurance
and property taxes are paid and current. The saurce of loan funds is the City of Rentan
Community Develapment Block Grant ("CpBG")funds.
DEVELOPER AGREE5 TO THE FOLLQWING TERMS ANQ CONDITIONS:
1. Use nf loan Funds. pevelaper shall use the loan proceeds for customary and
reasonable project specific expenses necessary for the rehabilitation of the fa4ade of the
building located on the Property, which will be used for commercial purpases. The loan funds
shall be used anly for exterior improvements. The laan funds shall not be used for interior
rehabilitation or improvements that are not included in the approved architectura! designs
related to the fa4ade renovatian.
2. Bud�et. Developer agrees to adhere to the project budge#, which is at#ached hereto
as Exhibit A and incarporated herein by reference in carrying out the rehabilitation project
described in this Agreement. Any line-item changes in the budget require submissian of a
written budget amendment request to CED. If approved, CEp will respond with a wri#ten letter
pf approval ta Developer, and will keep a recard of the budget amendrr�ent on file.
3. �icensed Contractor Procurement.
A. Developer agrees to solicit a minimum of three (3} cornpetitive quotes fc�r the
fa�ade impravement work from general contractors licensed by the State af Washington.
1
B. Developer is advised to develap written quoting instructions for invited
contractars to include in its record of evidence for the pracurement process.
C. �eveloper shall ensure that there is no conflict of interest between the City and
the Devefoper s sefected genera) contractar and subcontracting team, specificalfy in refation to
Section 17, Ethical Standards, af this Agreement.
D. Quotes shall be solicited solely for the Pragram eligible work. If non-fa�ade
(building interior) wark is to be completed before, simultaneously, or following fa�ade work
funded through this loan, Develpper shall delineate non-fa�ade improvements into a separate
contract.
E. In accordance with U.S. Department of Housing and Urban Develapment (HUQ)
requirement A24 CFR 85.36 (b) (9], Develaper agrees to provide evidence to the City to support
the significant history of the procurement action, including the rationale for tF�e selected
methad of pracurement, the selectian of the contract type, contrac#or selection or rejectian,
and the basis for the cantract price. City may request a copy of a11 quotes received and the
amount of each quote. Typically, the City would expect that Developer select the lowest mast
respons+ve quoting cantractor,taking into consideration contractor qualifications to sufficiently
complete work within budget and project timeline. An award should be made ta the quoting
contractar whase quote is responsive ta the salicitation and is most advantageous to the
Developer, price, quality and other factors considered.
4. Project Time#able. Developer shall complete the Project within the time frames
established within the project schedule listed below, unless the City approves an alternative
schedule, at the City's sole discretion:
# Task ( Deadline � Respansible Party(ies�
1 Environrriental review complete August 24, 2015 King Caunty
and dearance provided by NUD. Housing and
Community
Development(HCD)
{via FfUD)
2 a. Funding approval provided by a. September 14, a. City
the City's Program Loan 2015 b. City
Cammittee. b. November 1,
b. Funding commitment letter 2Q15
pravided to Qevefoper.
3 Approva)af monitaring plan for Enclude appraved HCD
project ground-disturbing pfan as part af
activities(Enviranmental quating and ,
2
Conditions and Mitigatian construction .
' Measures for Archaeolagy). documents; '
' camplete prior to
execution of
construction
cantract.
_ _
4 ' Execute Agreement. Fallowing approval City, Developer
, of Agreement terms
, I by Develope�and
' City following
negotiations, and
approval af King
County NCD
following its review
of Agreerr�ent draft.
5 ' Submit loan package No less than seven City
(comrnitment letter and (7� business days
executed Agreement with �oan befare loan closing.
Reirr►bursement Request Form
format and signed Fromissory
Note and Deed of Trust}to King
County HCD.
6 ' Close loan. tVo earlier#han City, Developer
seven (7) 6usiness
' days fallowing
submittal of loan
' closing package to
' King County HCD.
7 ' a. Comp(ete quoting pracess Priar to start of a. Deveioper
' and select general contractar. construction. b. Develaper
' b. Submit procurement action
' records ta City,
8 Execute construction contract. Following setection Developer
of general
contractor.
9 Hold pre-construction meeting to Fo(lowing execution pevelaper(with
review project schedule and of construction contractar teamj,
compliance with CDBG Program contract and prior to City, King County
Reguiations (inciuding federal issuance af Notice HCD
labor standards�. to Proceed.
10 Issue Notice to Proceed. Following pre- City
construction
meeting and prior to
3
beginning
construction.
11 Install "Coming Soon" poster in Following receipt of Developer
building window with project Natice to Proceed,
rendering,details, and funding but prior to
source (City of Renton CDBG beginning building
Program). improvements.
' 12 , Begin building improvements Wi'thin 30 days Developer
' , included within praject budget following execution
' attached as Exhibit A. af Agreement by
, City and Develaper.
13 Submit a completed �oan No more often than Developer
Reimbursement Request Farm every 30 days
with all supporting (unless approved in
documentation for: advance by CED),
' casts clairned in the request and within 45 days
(purchase orders,subcontractor af start af
invaices, receipts}, evidence of construction.
payment of costs by Developer,
evidence o€City inspections as
related to the items included in
' the request,federally campliant
' certified weekly payrolls of
canstruction activity, and
; supporting documents for the
' request period.
_
' 14 ' a. Camplete review of Loan a. Within 15 days of a. City, King
Reirnbursement Request Farm receipt af each County HCD (labor
' and supporting dacumentatian, manthly su6mittal comp(iance only)
' including requesting any missing by Developer. b. City
or corrected informatian needed b. Within 30 days of
to camplete review and approve receipt of each
payment. monthly submitta(
b. Remit reimbursement from Developer.
payment to Devefoper.
15 a. Complete canstruction. March 2016 a. Developer
b. Record Deed of Trust. b. City
16 a, Review and accept labor Aprii 2016 a. King County
standards. HCD
b. Release retainage. b. City
17 Complete and submit project April 2016 City
funding report to King County
HCD.
4
--_ .
. _
18 Ciose project. Na later than May City, King County
30, 2016 HCD
19 5ubmit annual reports on leasing Once per year, Developer
and occupancy status to CED. starting six(6)
months after start of
constructian and
every one year
anniversary of the
first repart
thereafter for five
(5)years.
5. Accomplishment of Work. Develaper agrees to carry out the rehabilitation work
specified in this Agreement with all practical dispatch in a sound, econamical, and efficient
manner. At its optfan, the City reserves the right to cancel and terminate the Agreement if
peveloper fails or refuses to cause commencement of physica4 rehabilitation work on the
Property after a period of sixty (50} days fratn the date of execution af this Agreement, c�r if
Developer fails ar refuses to complete such rehabilitation work within a reasonable time. The
City's failure to exercise its right to terminate this Agreement due to the C?eveloper's failure or
refusal to cause commencement of or to complete the physical rehabilitatior► work on the
Property shal! not be deemed a waiver thereaf.
6. Records. �or a period of six {6� years follawing completion of t#�e improverrrents
specified in this Agreerr�ent, Developer agrees to keep the fo!lowir�g recards: a!1 laan
documents; contracts; invoices; mater'sals; personnel and payroll records; canditions of
employment; baoks of account; tenar�t leases; tenant incame verifications; and any other
documentatian pertinen#to the canstruction of the Praperty, the occupancy and rental af the
Property, and the dispasition of the loan proceeds. Developer shal! permit City, HCD, NUD, the
Camptraller of the United 5tates, and their designees to have full and free access ta these
records for the purpose of malcing audits,examinations, excerpts, and transcriptians.
7. SeeuritV.Termination and RepaVment.
A. Securitv/Terminatian. This canditional loan shail 6e evidenced by a Promissory
Note executed by Barrower {Exhibit B}, and secured by a Personal Guarantee (Exhibit C} and a
Deed af Trust(Exhibit 13) an the Property. The Deed af Trust sha(I be recarded in the Recorder's
affice for King Caunty, Washingtan when project construction is camplete; the finai
reimbursement request is submitted and appraved by the City and NCD; and the final ioan
amaunt has been determined based upon the approved loan expenditures. peveloper agrees
that City sha11 have the right to cancel or terminate the loan, and that the full amount of the
laan that has been paid aut to the Deve(oper by City shall be due and payable by the Developer
to City on demand if:
5
i.The rehabilitation construction is not carried out with reasonable diiigence ar is
discontinued at any time for any reason other than a Force Majeure event, not within the
control of either party, as described in Section 32(M}of this Agreement;
ii. peve(oper makes material changes in the scape of work or enters into another
contract ar subcontract for work on the Property without the prior written approval of City;
iii. All Develaper's principals die, become legally incapacitated, or otherwise
becarr�e legally unable to act before the completian of the construction;
iv. Developer abandons the Property; fails to keep insurance and taxes current;
faifs to obtain permits;violates building code; or otherwise fails to maintain the fa4ade;
v. The sale, lease, or ather transfer of any kind or nature a#the Property before
the completion af the constructian without the prior written tonsent of City, excluding (a}
creatian of a purchase-money security interest for hausehaid appiiances, or (b} a transfer by
devise, descent, or operatian of iaw upon the death of a joint tenant;
vi. pevelaper defaults on any covenant; agreement; term; or conditian of this
Agreement or any other agreement made between Developer and City;or
vii. Developer transfers ownersh"rp of the Property or discontinues the approved
use during the five {5}-year period after construction campletion. However, Developer may
request City approval to use the Property for anather eligible purpose.
Terminatian ar canceliation sha11 be accomplished by mailing by certified mail ar by
personaHy delivering written natice af termination to Deve(oper at DeveCoper's business
address, ar to any ather address that Developer has made known to City either personal(y or by
mail. Terminatian shali be effective on the date the notice is mailed or personally delivered to
Develaper"s address, regardless of whether the notice is actually received by Developer.
B. RepaVment. Any payments are deferred to the end of loan term. No repayment
will be required if ali terms are met and a determination has been made regarding loan
forgiveness (see next section).
C. Loan Far�iveness. The laan amount will be forgiven at the end of the term,
provided ali Agreement requirements have been completed; the Developer is in gaod standing;
and the property continues to be maintained in accordance with the Program and Agreement
requirements, including (a) the Developer remains the owner of the building and praperty, (b�
remains current on City and County property taxes and fees, (c) maintains insurance on the
property in accordance with the terms of this Agreement, and (da maintains the fa�ade
6
improvements funded through this Agreement and Developer's funds in good repair and free
fram any accumu(ation of debris, graffiti, or waste materials, and take5 all other actions
necessary to maintain and ensure the neat and clean appearance af the surrounding
streetscape area.
i. (n addition to the terms provided above regarding the loan amount being
forgiven at the end of the term, the Developer must also reach and maintain an acceptable
ieve( of ground level occupancy of the Property. Upon completion of the fa�ade improvements
funded through this Agreement and recordatian of the Deed of Trust, Developer has one
hundred eighty (180) days to install tenants within at (east fifty percent {50%) af the building's
ground level cammercial space square faotage, and within one (1) year to achieve at least
eighty percent (80%j occupancy of the building's ground (eve! commercia! space square
footage.
Shauld the ground level commercial space square faatage not reach eighty
percent (80%) occupancy within this one (1�-year period or not maintain eighty percent (80%}
accupancy thraughout the term of the Promissory Note, the Developer shall notify the c�ty
immediately. The City, at it� sole discretian, may then grant Developer a ninety (9Q}-day grace
period for Developer to show praof of active and aggressive efforts to obtain tenants for the
property to achieve at least eighty percent �8Q%� accupancy, including but nat limited to, the
engagement of a professiona4 commercia! brokerage firm. Proo# o€ efforts to obtain tenants
may also include invoices far advertising, copies of advertisement runs, and any other proaf of `
active marketing of the Property. If the Develaper F�as executed a lease{s} to reach at least
eighty percent (80/} occupancy of the ground floor comrnercial space square foatage during
this grace periad,the City, at its sole discretion, may then gran# Deveioper an additional ninety
(90}-day grace period to ensure that the tenant{s) occupy the space ta achieve at least eighty
percent {8Q%} occupancy. '"Occ�pancy" refers ta having an active business open ta the public,
or tenant in the case af mixed use properties. Use of the bui#ding for storage does nat qualify as
accupancy.
After the initial ane {1)-year period and expiratian af any grace periads that have
been granted by the City during the term af the Pramissary Nate, if the ground floor
cammercial space square faatage is not at least eighty percent (80%} occupied, ar any of the
ather terms for ioan fargiveness under this section have not been met, Developer will be
notified that the loan shail become immediateiy due and payable.
ii. Develaper shali submit a request to the CED for each identified tenant for an
acknawledgement that the tenant generally meets the intent of the Program Guideiines
subsection entitled "Froject tmpact & Pub(ic Benefit" under"Appiicatian Evafuation".
7
8.Term.
A. This Agreement shall be effective until Developer has weil and truly perfarmed all
the terms and conditions of this Agreement and any other agreement made between
Develaper and the City.
B. Al) activities specified in Section 4 of this Agreement shall begin and be tompleted
within the timeframes provided, unless the City approves any changes, at the City's sole
discretion.
C. The date af total fargiveness shall be five (5) years after the recordation of the
Deed of Trust, estimated to be March 31, 2021, provided Developer has paid all ather sums,
with interest, advanced to protect the security of the Deed of Trust, and cora�plied with all
covenants and agreements.
9. Architectural Drawin�s and Spetifications(Desi�n Standards. The fa4ade
improvements shall be based upon the exterior improvement drawings dated June 4 (Drawings
Part 1) and 10 (Drawings Part 2�, 2Q15, attached as Exhibit E and submitted to the lVational Park
Service as part of the Developer's submittal to nominate the subject proper-ty for inclusion on
the National Register af Historic Places and eligible for federal histaric tax credits.
A. As the property is eligible for, and is being nominated for, the National Register,
all work must camply with the Secretary of Inter'€or's 5tandards for Rehabifitation of Historic
Properties.
8. Afl work sha!! be performed by qualified contractars in accordance with industry
standards, loca! codes, ardinances, permit and inspection requirements, and bath local and
federal requirements refated to accessibility far persans with disabilities.
C. Any finishes proposed at the graund level that may 6e accessible to humans are
subject to an anti-graffiti coating being applied #a ensure easy remaval of graffiti. The
recammended product far this purpose is found at the follawing iink: https:Ilwwwsherwin-
williams.com/painting-contractorsJbusiness-builderslpaint-technaiogy-and-application/sw-
articfe-pra-anti�raffiticoa.htmL Afternative products may be considered, but shali be
submitted to the CED for review and approval prior to applicatron of the coating.
D. Any specific signs that are proposed far the building as tenants are identified,
c3uring the effective period of this Agreemen#, shall be submitted to CED for review and
approvai prior to permitting by the City or the National Park Service, manufacture, and
insta(la#ion.
10. Environmentat Review. King County HCD received a letter fram HUD dated August
14, 2015, indicating that the subject praject has received satisfactory environmenta)
cSearance. Attached to the ietter was an "Autharity to Use Grant Funds" form authorizing a
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release of funds for the project. (Attached hereto as Exhibit F}. Deve(oper hereby agrees to the
fallowing mitigation measures, as required by HUD in Exhibit F:
A. The Developer shaU implement alI of the following mitigation measures included
in the King County Environmenta) Review Compendium, Project Number C14753-Cortona
Building, Environmental Review Record, signed July 16, 2015, including:
i. Archaeology: Project ground-disturbing activities shall be manitored by a
professional archaeologist. Monitoring should be conducted under a monitoring plan that
specifies the pracedures to follow should any archaeological resources be discovered.
ii. An Unanticipated Discovery Plan far unknown archaeological and human
remains shall be in effect during constructinn. ln the event that archaeologica! or historic
materials are discovered during project activities, work in the immediate vicinity shall stop, the
area secured, and the King County Project Manager, State pepartment of Archaealagy &
Historic Preservatian and concerned tribes notified, and any related issues shall be resolved
befare construction work continues.
11. Permittin�. Developer shall obtain all permits necessary fram the City or ather
applicable jurisdictions ta canstruct the approved project improvements.
12. Financial Requirements.
A. Matchin� Funds. Developer shall match, as a condition of receiving funds
pursuant ta this Agreerr�ent, at a minimum, the amount of the loan in this Agreement. The
r»atching funds must be spent on the approved exterior project improvements. C?evelaper sha#t
provide evidente of payment from matching funds with each request for reimbursement.
B. Financial Capacitv.
i. Develaper shall provide financial informat+on confirming that it has the
capacity to provide matching funds, including, but nat limited to, credit history, martgage
verification, business and personal tax returns, reviewed or audited business financial
statements (if applicable�, and evidence af matching funds (bank statement or similar if
personal funds or foan daeurnents if debt}.
ii. Developer shall at ali times remain current on a1) property taxes, mortgages
and insurance.
13. Fees and Closin�Costs.
9
A. Develaper shall pay a toan Clriginatian Fee of one hundred fifty dollars ($150) or
one quarter of one percent (0.25°I) of the actua( (aan amount, whichever is greater. The fee
cannat be paid aut of City iaan proceeds.
B. Developer shal( pay fifty percent (50%} of actua( ciosing costs, including any legal
fees.
14. Laan Ciosin�. A (oan closing shali be scheduled once al( requisite documents have
been prepared. As part of the dasing process, the City shal( provide the following materials to
HCD no iess than seven (7) days business days before the scheduled loan closing:
A. Copy of executed commitment letter;
B. Copy af the signed laan Agreement; and
C. Loan Reimbursement Request Farm.
15. Disbursements.
A. All financial assistance shall be provided on a reimbursement basis as the praject
is under construction.
B. Developer may request reimbursement of funds for reasonable expenses incurred
during the fa�ade improvement work.
C. Reimbursement requests may nat be submi#ted more frequently than every#hirty
(3Q}days, unless approved in advance by CEQ.
D. City reserves the right to retain up to ten percent (1Q1} of funds avaifable per
reimbursement request until work is inspected and certified complete at campletion of entire
peaject.
E. Disbursement of funds shaH be contingent upan Developer's and its cantractar's
compliance with federaf regulatians related #a funding, including any app(icable federal labor
standards.
F. Payrr►ent of eaeh reimbursement request is contingent upon:
i. Campletion of agreed upan praject improvements identified in Exhi6it E and
this Agreement and for which the reimbursement request intends to cover, and a11 applicable
Ci#y inspections have 6een approved.
1Q
ii. HCD staff has verified that ali federa( labar requirements, HUD Section 3
requirements, and other regu3atory requirements have been met prior to appraving any
payment by the City on the project.
a. HCD sha(I be the recipient of federally campliant certified weekly payralls
of construction activity and supporting documents for labor campliance. Upon review and
approval of said documents, HCD shall approve payment.
b. Payment shall be withheld by the City for any costs by the general
contractor or subcontractars that are out of compliance.
G. For each reimbursement request, the Developer shall submit a completed "Loan
Reimbursement Request Form" (Exhibit G) to indicate all project costs for that request periad's
work, and indicating costs to be reimbursed by the City and those to be paid fram Developer's
matching funds during that request period. For each request form submitted, the Develaper
shall provide all supporting documentation far costs claimed in the request. Supporting
documentation for costs claimed includes, but is not limited to, purchase orders and
subcontractor invoices. The Developer shall also submit evidence of payment far costs included
in each request.
H. Upan Qeveloper's submitta! of any completed Laan Reimbursement Request
Form and all necessary supporting documentation, the City shall work with HCa to complete a
timely review and approve payment. The City wili seek to remit reirrrbursement payments to
the Develaper within thirty (3Q) days of receipt c�f the Developer's reimbursement requests,
pending Developer's caoperation in submittir�g any missing or carrected information requested
by the City or HCD.
16, De€ault.
A. Deveft�per sha!! be considered in default and the ba(ance of financial a5sistance
shall be immediately due and payabfie upan: 1} failure of the 6orrower to retain ownership of
the property far the duration of the forgivable (oan; 2} failure to proper(y maintain the fa�ade
after improvements are camp(eted; 3} becaming definquent in paying city and county property
taxes �nd fees; 4) failure ta maintain property insurance listing the City af Renton as an
Additianally Insured; 5} failure ta operate in campiiance with a11 applicab(e local, state, and
federal eodes, laws, and regulations; or 6} in the event af breach of this Agreement.
B. Remedies of Default. In the event of default, the City may exercise any
combination af the remedies available to it with respect to the security agreements. The City
may take whatever action at law, or in equity, as may appear necessary or desirable to collect
any outstanding bafiance or to enforce the performance and abservation af any other o6ligation
or agreement of the Developer.
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3�. Ethical Standards. Deveioper takes notice af and represents that it is not in vialation
of, or has not participated and will not participate in, the violatian of any of the following
ethical standards prescribed by Title I, Chapter 6 of the Renton Municipal Code (Code af Ethics),
including, but not limited to the foliowing:
RMC 1-6-4 Aaeptance of Gifts:
No public official shall receive, accept, take, seek, or solicit, directly or indirectly,
anything of economic value as a gift, gratuity, or favor, from any person if such public afficial
has reason to believe the donor would not grant or give such gift,gratuity,or favor, but for such
public nfficiaPs office or position within the City of Renton.
Na public official shall receive, accept, take, seek, ar salicit, whether directly or
indirectly, anything of econamic value as a gift, gratuity, or favor, from any person or frc�m any
officer or director of such person if such public official has reason to believe suc#� person:
A. Has, or is seeking to obtain cantractual or other business or finandal relationship
with the City of Rentan;or
B. Conducts aperations ar activities which are regula#ed by the City Cauncif, its
committees or any board or commission of the City of Renton; or
C. Has interests which may be substantialfy affected by such public afficial's
performance or nonperformance of his or her official duty.
RMC 3-6-51nterest in Contracts Prohibited; Exceptions:
No public official shall be beneficially interested, directly or indirectly, in any
contract which may be made 6y, through, ar under the supervision or direction af such public
afficial, in whole or in su6stantial part, or which may be made for the benefit af F►is office, ar
accept, directly or indirectEy, any compensation, gratuity or reward in cannection with such
tontract fram any ather person beneficially interested therein.The foregaing shall not apply to
the exceptians specified in RCW 42.23.030 which are incorparated herein as if fu11y set forth.
Remo#e lnterest:A pubfic official shall nat be deemed to be interested in a contract as specified
in the immediateiy preceding paragraph if he has only a remote interest in the cantract and if
the fact and extent of such interes# is disclosed to the governing body of the City of Renton of
vuhich he is a member and noted in the afficial minutes or simiiar records of the City prior ta the
consummatian of the cantract, and thereafter the governing bady authorizes, approves ar
ratifies the cantract in gaod faith by a vote of its membership sufficient far the purpose without
counting the vote or votes of the public a�cial having a remote interest therein.
RMC 1-6-6 Incompatibie Service; Confidential information:
Na elected public official shall engage in or accept private employment or render
services far any person ar engage in any business or prafessional activity when such
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employment, service or activity is incompatible with the proper and faithful discharge of his
official duties as such elected official, or when it would require or induce him to disclase
confidential infarmation acquired by him by reason of his official position. No such official shall
disciose confidential informatian gained by reasan af his afficial pasition, nor shall he otherwise
use such information for his pe�sonal gain or benefit.
RMC 1-6-7 Personal or Private Interests:
Every elected public official wha has a financial or other private ar persona! interest
in any ordinance, resolutian, contract, proceeding, ar ather action pending before the City
Council or any of its cammittees, shall promptly disclose such interest at the first public
meeting when such matter is being considered by the City Council, on the records of the official
Council minutes, the nature and extent of such persona! or private interest and same shal! be
incarparated in the official minutes af the City Council proceedings. Such disclosure shafl
include, but not be lirnited to, the following information which shall be submitted in writing by
such Cauncilman,sworn to under penalty af perjury,to-wit:
A. The name and address of any private business corporation, firm or enterprise
affected by such councilmanic action of which the Councilman ar other elected public officia) is
ar has been during the preceding twelve (12� months a shareholder, bond halder, secured
creditor, partner, joint entrepreneur or sole proprietar, whenever the total value of his
indiuidual ar undivided legal and equitable financial interest therein is and at any time during
the preceding twelve {12} months has been in excess of one thousand five hundred dol(ars
{$�J�VV.11l.l,.
B. The name of any such private busine$s or corporation,firm ar enterprise af which
such elected public afficial or hi� relatives are or have been during the preceding twe(ve {12)
months as officer, director, partner, attamey, agent, or empEoyee, wha, for services rendered
during such preceding twelve (12} months or ta be rendered in any such capacity, has received
or has been pramised compensation in excess af one thausand five hundred do(iars
{$2,500.00).
C. Every affice ar directarship held by such e(ected public official or his spause in any
corporation, partnership, sale proprietarship or like business enterprise, which canducts its
business activities within the boundaries of the Renton School District and which is subject to
any regu(ation or tantral by the Gty af Renton, and from which such elected public afficiai has
received compensation or has been promised compensation during the preceding tweive (12)
manth period in excess of one thousand five hundred dailars ($1,500.00), or services; or any
other thing af value in excess of said amount.
D. A iist containing a correct legal description of any and a11 reai property located
within the City limits of Rentan in which any such eiected public official has any interest
whatsoever, as owner, purchaser, aptionee, aptionar, or any other proprietary interest,
acquired during the preceding twelve (12) month period whenever such praprietary interest is
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in excess of one thousand five hundred dolfars ($1,500.00). This subsectian shali not apply to
the residence home ofsuch official.
The foregoing provisions shall not apply to policies of life insurance issued to such
pub(ic officiai ar his spouse or members of his family, accounts in any commercial bank, savings
and laan association or credit unions, or similar financial institutions subject to regulation by
the State of Washington or any ather governmenta) agency having jurisdiction thereaver.
Any such elected public official who is disqualified by reason af such personal,
private or similar conflict of interest in any matter as hereinabove defined, shall, after having
made the required disclosure as herein set farth, remove himself from his customary seat
during such debate and, by permission of the presiding officer, leave the Council chamber until
such time as the rnatter at hand, from which such public official has been disqualified, has been
disposed of in the regular caurse of business.
18. Indemnification o# City. Developer shall indemnify, defend and hold harmless
Renton, its elected officials, officers, agents, employees and volunteers, from and against any
and all claims, lasses or liability, or any portian of the same, including but not limited to
reasonable attarneys' fees, legal expenses and litigation costs, arising from injury ar death to
persons, including injuries, sickness, disease or death of Developer's own empfoyees, agents
and valunteers, or damage ta property caused by Developer's negligent act or omissian, except
for thase acts caused by ar restalting from a negligent act or ornission by Rentan and its officers,
agents, employ�es and valunteers.
Should a caurt of competent jurisdiction determine that this agreement is subject ta
RCW 4.24.115, (Validity of agreement to indemnify against liability for negfigence relative ta
construction, alteration, improvement, etc., of structure or impravement attached to real
estate...) then, in the event af liability for damages arising aut of 6adily injury ta persons ar
damages to property caused by or resulting from the concurrent negligence of Deve(oper and
Rent�n, its officers, officia#s, emplayees and volunteers, Developer's Eiability shaii be only to the
extent a#Developer's negfigence.
It is further specifically and express(y understaod that the indemnification provided in
this Agreement constitute Deve(aper's waiver of immunity under the industrial Insurance Act,
RCW Title 51, solely for the purpases af this indemnificatian. ihe Parties have mutuai(y
negotiated and agreed to this waiver. The provisions of this section shail survive the expiration
or termination af this Agreement.
Claims shali inciude, but nat be iimited to, assertions that use or transfer of software,
book, document, report, film, tape, or sound reproductian, or materiai of any kind, delivered
hereunder, constitutes an infringement af any copyright, patent, trademark,trade name andJar
otherwise resu(ts in unfair trade practice.
14
Developer agrees nat to perform any acts that inciude use or transfer of software, boak,
document, report, fiim, tape, ar sound reproduction, or material of any kind, delivered
hereunder, that constitutes an infringement of any copyright, patent, trademark, trade name
andJor otherwise results in unfair trade practice. Developer agrees ta indemnify the City for any
harm resulting from unfair trade practices.
The provisions in this sectian shall survive the termination and/or duration af the
contract tern.
Nothing contained within this provision shall affect and/or alter the application of any
ather provision contained within this Contract.
The indemnification, pratection, defense and hold harmless obligations contained
herein shall survive the expiration, abandonment or termination of this Contract.
19.Joint At�reement Provisians.
The amended "King County Housing and Community Developrnent Contract — 2Q14"
("Joint Agreement") with the City contains several provisions that the City is responsible for
monitoring or implementing should it utilize CDBG federal funds for prajects, such as the
project covered through this Agreement. As this Agreement meets the definition of
"subcantract" as defined in tl�e Joint Agreement,certain applicable provisians must be included
in this Agreement, and the Developer shafl be respor�sible for monitaring and implementing
thern with oversight by the City. The provisions (verbatim from the.loint Agreement) follow in
tI14S A�f2El'3't�f{t �S2Ct10115 20 to 29}, with the Joint Agreernent section references noted to
identify them. fteferences to "Contractar" are intended to be the City. For purposes of this
Agreement, the Developer wauld replace the City within same provisians. There may be
provisions included that are nat applicable to the Devefoper. �eveloper shoufd cansult City and
HCb where necessary,
20. Not-for-profi# Corporations. (Sectian V.G of loint Agreement} If the Cantractor is a
nat-for-pro€it corporation, costs fior which the Contractar requests reimbur�ement shal( comply
with, unless atherwise provided in the RrojectJPragram Exhibit(s), the policies, guidelines and
requirements af 2 CFR Part 230, "Cast Principles far Non-Profit C)rganizations," and the sections
of 24 Cf#t Part 84, Uni#arm Administrative Requirements far Grants and Agreements with
Institutians af Higher Education, Hospitals, and dther Non-Profit �rganizati�ns, identified at 2
CFR Part 215 and 24 CFR§ 570.502(b),Applicability af Unifarm Administrative Requirements.
2i. Pro�ram incame. (Section V.i of loint Agreement} The Contractor shali report ail
CDBG and Ht3ME Program Incame, as defined in 24 CFR § 92.2, 92.503 and 570.504(c} and in
the (CAs, generated under this Contract for the purposes specified herein or generated through
the project(s) funded under this Contract, Program income is to be reported to the County.
Program income shali be returned to the County unless the County specifies that it may be
retained by the Contractor, If the County authorizes the Contractor ta retain the Program
15
Income to continue or benefit a project(s), the Contractor shall comply with all provisians of
this Cantract in expending the funds. This duty to repay the County shall not be diminished or
extinguished by the prior termination of the Contract pursuant to Section II. puration of
Contract or Section XV. Terminatian.
22. Hold Harmless And fndemnificatian. (Section XVII of loint AgreementJ
A. Contractor is an Independent Contractar. In providing services under this
Contract, the Cantractor is an independent contractor and neither it, nor it$ off'scers, agents or
employees, are emplayees of the Caunty for any purpose. The Contractor shall be responsible
for all federal and/or state tax, industrial insurance, and Social Security (iability that may result
from the performance of and ccrmpensation far these services and shall rnake no clairn of
career service or civil service rights which may accrue to a County employee under state or local
law.
The County assumes no responsibiMity for the payment af any compensation, wages,
benefits ar taxes by, or on behalf of,the Contractor, its ernployees, and/ar others by reason of
this Cantract. The Contractor shall protect, indemni€y, and hold harmless the City, its officers,
agents and employees from and against any and a!1 claims, costs, and/or losses whatsc�ever
occurring or resulting from:
1. The Contractor's faiEure to pay any such campensation, wages, benefits or
LGIAG�j Cf�M1A/O3
2. The supplying to the Contractor of work, services, materials or supplies by
Cantractor employees or ather supplie�-s in connection with ar support of the performance of
this Contract.
B. Cantractor A�reement ta Re�av.The Contractar further agrees that it is financia(ly
responsible for and shalf repay the Caunty a(1 indicated amaunts fallowing an audit exception
that accurs tiue to the negligence, intentiona( act, andJor failure,for any reasan,to comply with
the #erms of this Cantract by the Cantractor, its afficers, employees, agents, and/or
representat'rves. This duty ta repay the County shall nat be diminished or extinguished by the
priar termination of the Cantract pursuant ta the Duration of Contract ar the Termination
Sections.
C. Cantractor Indemnification of Countv.
1. The Contractar shali protect, defend, indemnify, and ho(d harmless the
Caunty, its afficers, empioyees and agents, fram and against any and all costs, claims,
judgments and/ar awards of damages, arising out of, or in any way resulting from, the
neg(igent acts ar omissions of the Cantractor, its officers, employees, contractors,
subcontractors andJor agents, in its performance and/or non-performance of its obligations
under this Contract. The Contractar agrees that its obligations under this subparagraph extend
ta any claim, demand, andjor cause af actian brought by, ar on behalf of, any of its employees
16
_. i �1 u i i
or agents. For this purpose, the Contractor, by mutual negotiation, hereby waives, as respects
to the County only, any immunity that wauld otherwise be availab(e against such claims under
the industrial insurance provisions of RCW, Title 51. In the event the County incurs any
judgrnent, award and/or cost arising there from including attorneys' fees ta enforce the
provisions of this artic(e, all such fees, expenses, and costs shall be recoverable from the
Contractor. To the extent that a Contractor subcontractor fails to satisfy its abl'sgatian to
defend and indemnify King County, as detailed in Section XV(L Hold Narmless and
Indemnification, the Contractor shall protect, defend, indemnify and hold harrriless King
County, its officers, employees, and agents from any and a!I costs, daims, judgments, and�ar
awards or damages arising out of, or in any way resulting from the negligent aet or omissions of
the Contractor's contractor/subcantractor, its afficers, emplayees, and/ar agents in cannection
with in or support of this Cantract.
2. Claims shal! inc#ude, but not be limited to, assertions that use or transfer of
software, book, document, repartj 1llf!!j tape, ar sound reproductian, ar material of any kind,
delivered hereunder, canstitutes an infringement of any copyright, patent, trademark, tsade
name andjor otherwise results in unfair trade practice.
3. The Contrac#or agrees not to perfarm any acts#hat include use or transfer of
software, book, dacument, report, fikm, tape, or sound reproduction, or material of any kind,
delivered hereunder, that constitutes an infringement of any capyright, patent, trademark,
trade narne andfor atherwise results in unfair trade prattice. 1'he Contractor agrees to
indemnify the Caunty for any harm resulting from unfair trade practices.
4. The provisians in this sectian shall survive the termination andJar duratian of
the contract tern.
S. Nathing contained within this provision shall affect and/or alter the
application of any other provision contained within this Contract.
6. The indemnification, protection, defense and hold harmiess obligations
cantained herein shall survive the expiratian, abandonment ar termination of this Contract.
23, Insurance Repuirements-GeneraL (Sectian XVII( of loint Agreement}
A. insurance Reauired. By the date of execution of this Contract, the Contractor shall
procure and maintain for the duration of this Cantract, insurance against claims for injuries to
persons or damages to property which may arise from, or in connectian with, the performance
af work hereunder by the Contractor, its agents, representatives, emplayees and/ar
cantrattor/subcantractors. The Contractor or contractor/subcantractor sha(I pay the costs of
such insurance. The Contractor shail furnish separate certificates of insurance and policy
endorsements from each contractor/subcontractor as evidence af compliance with the
insurance requirements of this Contract.
17
The Contractor is responsible far ensuring compliance with all of the insurance
requirements stated herein. Failure by the Contractor, its agen#s, emp(oyees, officers,
contractarJsubcontractors, providers andJor pravider subcontractors to comply with the
insurance requirernents stated herein shall constitute a material breach of this Contract.
Each insurance policy shall be written on an `"occurrence" farm; except that
insurance on a "claims made" form may be acceptable with prior County approval. If coverage
is approved and purchased on a "claims made" basis, the Contractar warrants continuatian of
coverage, either through policy renewals or the purchase of an extended discavery period, if
such extended caverage is available, for not less than three years from the date of Contract
termination, and/or conversian from a "claims made" form to an "accurrence" coverage farm.
Nothing contained within these insurance requirements shall be deemed to limit the
scope, application and/ar limits of the coverage afforded by said policies, which coverage will
apply to each insured to the full extent provided by the terms and conditians of the policy(s).
Nothing contained in this provision shall affect andJar alter the applicatian of any ather
provision contained within this Cantract.
B. Risk Assessment bv Contractor. By requiring such minirr�um insurance,the County
shall not be deemed or canstrued to have assessed the ris�Cs that may be appl'rcable to the
Contractor under this Contrac#, nor shall such minimum limits 6e construed to limit the limits
available under any insurance coverage obtained by the Contractor.The Contractor shal! as5ess
its own risks and, if it deems appropriate andJar prudent, maintain greater limits andJor
broader coverage.
C. Minimum 5cope of Insurance. Coverage shafl be at least as broad as the fallowing:
2. General �iabilitv. Insurance Services �ffice farm number (CG 00 01} covering
CQMMERCIA�GENERAL LIABIi.ITY.
2. ProfessionaE Ciabilitv. Errors and Omissions Covera�e. in the event that
services delivered pursuant to this Contract either direct(y or indirect(y invoive or require
pro#essional services, Professional Liabi(ity, Errors and Omissions coverage shall be provided.
"Prafessiona) Servites", far the purpose of this Contract section, shal( mean any services
prouided by a licensed professionai or thase services that require a professianal standard of
care.
3. Au#omabile I�iabilitv. insurance Services Office farm number (CA 00 01)
covering BUSINESS AUT4 COVERAGE, symboi 1 "any auto"; or the appropriate coverage
pravided by symbafs 2, 7,8, or 9.
4. Workers' Campensation. Workers` Compensatian coverage, as required by the
Industrial Insurance Act af the State af Washingtan, as well as any similar coverage required for
this work by appiicable federal or"Other States"state law.
18
5. Stop Gap/Emplavers Liabiiitv. Caverage shal( be at least as broad as the
protection provided by the Workers` Compensatian policy Part 2 (Employers Liability) or, in
states with monopolistic state funds, the protection provided by the "Stop Gap'" endarsement
to the generai iiability policy.
6. Proqerty (nsurance. Insurance Seruices Office form number (CP 00 10)
covering BUILDiNG AND PER5t3NAL PRCJPERTY COVERAGE and insurance Services Office form
number(CP 10 30) CAUSES fJF LOSS-SPECIAL FORM or project appropriate equivalent.
7. Natiana) Fiaod Insurance. The use of CDBG and HOME funds for acquisition or
construction purposes in identified speciai flood hazard areas shall be subject to Cantractor
mandatory purchase nf fiood insurance as required by Sectian 102(a) of the Flood Disaster
Protection Act af 1973 (Pub L. 93-237).
8. Builder's Risk/Installation Flaater. The Contractor shall procure and maintain
during the life of the Contract, or until acceptance of the project by King County, whichever is
langer, "All Risk" Builders Risk Insurance at least as braad as I50 form number CPd020 (Builders
Risk Coverage FormJ with ISO farm number CP0030 (Causes of Loss-Special Fa�m� including
caverage for tollapse, theft and property in transit. The coverage shall insure for direct physicaf
lass to property of the entire constructian praject, for one hundred percent of the replacement
value thereaf. The policy shal! be endorsed ta cover the interests, as they may appear, of King
County, Owner, Contractor and subcontractors of all tiers with King County listed as a loss
payee.
D. Minimum Limiis of Insurance-Capita4 Proiects. The Contractor Qeveloper shall
maintain limits no less than the following:
1. Commercia!General Liabilitv: $1,OOQ,OQO combined single fimit per occurrence
by bodily injury, Personal injury, and praperty damage; and for those policies with aggregate
limits, a$2,C10Q,OQ0 aggregate (imit.
2. Pro€essional �iabilitv, Errors, and Qmissions; $1,OOOA00, Per Claim and in the
Aggregate.
3. Automobi€e Liabifitv: 2 000 040 combined single iimit per acci�lent for 6odily
injury and property damage if the use of motor vehicfes is contemplated.
4.Workers" Compensatian: Statutary requirements of the state of residency.
5. Stop Gap/Emplavers LiabilitV: 3 000 000.
19
6. Prapertv insurance: One hundred percent replacement value of funded
structure.
E. Minimum Limits af Insurance-Buildin� Construction Period. Prior to
commencement af building canstruction and until construction is complete and approved by
the Cantractor,the Contractor shall cause the construction contractor and related professionals
to procure and maintain Insurance against claims for injuries to persons or damages to property
which may arise fram, or in connection with the activities related to this Contract. The
Contractar and County shall be named as additional insureds on liability policies except
Workers Compensation and Professional Liability, and as Named lnsureds on Suilders Risk
policies. The cost of such insurance shall be paid by the Cantractor and/or any af the
Contractor's contractors/subcontractors. The Contractor shall maintain limits no less than the
following:
1. Commercial General LiabilitY: $1.00O,OOQ combined single limit per occurrence
for bodily injury, personal injury and property damage and $2,400.04Q in the aggregate.
2. Autamobile Liabilitv: $1,000,40Q combined single limit per accident for bodily
injury and property damage.
3. Professiona! �iabilitY, Errars & Omissions: $1,000.000. Per Claim and in the
Aggregate.
4. Builder's Risk Insurance: C}ne hundred percent replaeement cost value.
5. Workers Corr�pensation: Statutory requirements of the State of residency.
6.Stop Gap or EmploVers Liabili#v Coverage:$1,000,000.
F. Minimum l.irrrits of Insurance-Services A�reements: The Contractor shall maintain
limits r�o less than the following:
1. Commercial Genera) L"rabilitv: 51,000,000 combined singie limit per accurrence
for bodily injury, personal injury and property damage and $2.Od0,Od0 in the aggregate.
2. Automobile Liabilitv: 51,000,000 cambined single limit per accident for bodily
injury and property damage.
3. Professional �iabi{itv. Errars & �missions: $1,OOQ,000, Per Claim and in the
Aggregate.
4.Workers Campensation:Statutory requirements of the State of Residency.
5. Stap Gap or Emplavers Liabiiitv Covera�e:$1,Op0,Od0.
20
Paragraphs G, N, I, 1, K and L below apply to Capitai Projects, Construction Projects
and Services Contracts.
G. peductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to, and approved by, the Caunty. The deductible and/or self-
insured retentian of the poiicies shail not apply to the Contractor's liability to the County and
shaii be the sole responsibility of the Contractor.
H. Other Insurance Pravisions. The insurance policies required in this Contract are to
contain, or be endorsed to contain, the following provisions:
1. All Liabilitv Policies except Professional and Workers Compensation.
a. The County, its officers, afficials, employees, and agents are to be eovered
as additional insureds as respects liability aris'rng out of activities performed by or on behalf of
the Cantractor in connection with this Contract. Such coverage shall include Products-
Completed Operations.
b. To the extent of the Contractor's negligence, the Contractor's insurance
coverage shal! be primary insurance as respects the County, its afficers, afficials, employees,
and agents. Any insurance and/or self-insurance maintained by the County, its officers, OffiCid}5,
employees, ar agents shal! r�ot cantribute with the Contractor's insurance ar benefit the
Contractor in any way.
c. The Contractar's insurance shal} apply separately to each insured against
whom claim is made and/ar lau+rsuit is braught, except with respect ta the limits af the insurer's
liability.
2. Propertv Cavera�e Policies.
a.ihe County shall6e added to all Property Caverage Policies as a lass payee
as its interests may appear.
b.The County shall be added as a Named insured as its interests may appear
to af! Builders Risk poficies.
3. All Policies. Coverage shali not be suspended, vaided, cance(ed, reduced in
coverage or in iimits, except by the reduction af the applicable aggregate iimit by c(aims paid,
until after 30 days priar written notice has been given to the County.
i. Acceptabilitv of Insurers. Unless othe�wise approved by the County, insurance is ta
be placed with insurers with a Bests' rating of no less than A:V(ii, or, if not rated with AM Bests,
with minimum surpluses the equiva(ent of AM Bests' surp(us size VIII.
21
Professional Liability, Errars, and Omissions insurance may be placed with insurers
with AM Bests` rating of B+VII. Any exception must be approved by the County.
If, at any time, the foregaing policies shall fail to meet the above requirements, the
Contractor shail, upon natice to that effect from the County, pramptly obtain a new policy, and
shall subrnit the same to the County, with apprapriate certificates and endorsements, for
approval.
J. Verification of Covera�e. The Contractor shall furnish the County with certificates
of insurance and endorsements required by this Contract. 7he certificates and endorsements
far each insurance policy are to be signed by a person authorized by that insurer to bind
caverage an its behalf. The certificates and endarsements for each insurance policy are to be
on forms approved 6y the County prior to the cammencement o#activities associated with the
Contract The County reserves the right to require complete, cer-tified copies of all required
insurance polic+es at any time,
If the Agency/Contracting Party is a Munieipal Corporation ar an agency of the State
of Wask�ingtan and is a member of the Washington Cities fnsurance Authority {WCfA} or any
other self-insurance risk pool, a writtera acknow#edgement/certificatior► of current membership
will be attached to the Agreement as Exhibit l and satisfies the insurance requirements
specified above.
K. 5ubcantractars. The Contractor shall include a!f subcantractors as insureds under
its policies or shall require separate certificates af insurance and palicy endorsements from
each subcantractor. If the Cantractor "rs relying on the insurance coverages provided by
subcontractors as evidence af compliance with the insurance requirements o€ this Contract,
then such requirements and documentation shall be subject tv all a#the requirements stated
herein.
t. Municipal or State Cantractor Pravisians. (f the Contractor is a municipal
corporatian ar a Contractar af the state of Washington and is self-Insured for any of the above
insurance requirements, a certification af seEf-insurance shali be pravided for the self-insured
requirements and attached hereto and 6e incarporated by reference and shaN constitute
camp(iance with this Sect+an. If the certificate of self-insurance does not cover ali mandatory
requirecnents, the Contractar sha11 provide separate certificates and endorsements that
document coverage.
24. Nondiscriminatian and Epual Emplovment t3pportunity. (Section XIX of loint
Agreement}
A. Equa1 Benefits to Emqlovees with Domestic Partners
To the extent prohibited by KCC Chapter 12.19, King County's "Equal Benefits" (EB)
ordinance, and reiated administrative rules adopted by the County Executive, as a condition of
22
a competitiue award of a contract va(ued at $25,000 ar more, non-pubiic Contractars agree not
to discriminate in the provision of employee benefits between an employees with spouses,
emplayees with domestic partners or�mployees wha reside with legally damiciled members of
househo(ds during the performance of this Contract. Failure to camply with this provision shall
be considered a material breach of this Cantract, and may subject the Contractor to
administrative sanctions and remedies for breach.
When a competitively awarded contract is valued at $25,Q00 or more, the
Contractar shal) complete a Worksheet and Declaration farm for County review and acceptance
priar to Contract execution. The EB Compliance forms, KCC Chapter 12.19, and related
administrative ruies are incorporated herein by reference. They are also available onlir�e at:
http://�v��lw.kin,�county.�ov/operations/procurernent/Services/Equa! B2nefits.a�px
B. Nondiscriminatian in Emplovment Provision of Services
To the extent prohibited by KCC Chapter 12.16 ar 12.17, during the performance af
this Contract, neither the Contractor nor any party subcantracting under the authority of this
Contract shall discriminate or tolerate harassment on the basis af sex, race, ealar, marital
status, national arigin, religiaus affiliation, disability, sexua! orientat'san, gender identity or
expression or age except by minimur» age and retirement provisions, unless based upan a 6ona
fide occupationa! qualification.
C. Nondiscriminatian in Subcor�tractin� Practices
To the extent prohibited by KCC Chapter 12.16 or 12.17, during the term af this
Contract, the Contrac#or shall not create barriers to open and fair opportunities to participate
in County contracts or to obtain or compete for contracts and subcontracts as sources af
supplies, equipment, construdion and services. In considering offers from and doing business
with subcontractors and suppliers, the Cantractor shal! not discriminate against any persan
becaus� of their sex, race, calar, maritaf status, national arigin, re(igious affiliation, disability,
sexual orientation, gender identity ar expression or age except by minimum age and retirement
provisions, unless based upon a bona fide accupational qualificatian.
D. Campliance with �aws and Regula#ians
The Contractor shall comp3y ful(y with a(1 app(icable federa(, state and local laws,
ordinances, Presidentia3 Executive Orders and regulations that prohibit discrimination, to the
exten# applicable. These laws inc(ude, but are not limited to, RCW Chapter 49.60, Titles VI and
V!1 of the Civil Rights Act of 1964,the American with Disabiiities Act, and the Restoration Act of
1987. !n additian, Krng Caunty Code cfiapters 12.16, 12.17 and 12.18 are incorporated herein
by reference and the requirements in these cade chapters shal( specifically apply to this
contract, #a the fu11 extent app}icable. The Contractar shall further comp(y fuily with any equal
23
opportunity requirements set forth in any federal regulations, statues or rules included or
referenced in the contract documents.
E. Small Contractors and Suppliers and Minaritv and Women Business Enterprises
Opportunities
King County encourages the Contractor ta utilize small businesses, including Small
Contractors and Suppliers (SCS), as defined below, and minority-awned and wc�men-awned
business enterprises certified by the Washingtan 5tate Office of M"snority and Women's
Business Enterprises (OMWBE) in County contracts. The County encourages the Contractor to
use the following voluntary practices to promote open competitive opportunities for srnall
businesses, including SCS firms and minarity-awned and women-owned b�asiness enterprises.
1. Inguire about King Caunty's Contracting E?pportunities Program. King County
has established a Contracting Qpportunities Program to maximize the participation of SCS in the
award of King County contracts. The Program is open to all SCS firms certified by King County
Business Develapment and Contract Compliance 4BDCC}. As determined by SDCC and identified
in the solicitatian documents issued by the County, the Program or for which the Contractar
elected nat to participate in the Program during the solicitation stage, the Contractor is still
encouraged to inquire voluntarily about avai3able firrns. Program materials, including
applicatian forms and a directory of certified SCS firms, are availabfe at the fallawing website
address: http://www.Rcingcounty.govJbdcc
The terrn "Small Contractars and 5uppliers" (SCS} means that a business and the
person or persons who own and cantrol it are in a financial conditian which puts the business at
a substantial disadvantage in attempting to compete for public cantracts. The relevant financia(
canditian for eligibility under the Pragram is set at fifty percent of the Federa( Small Business
Administratian {SBA) smali business size standards using tfie North American (ndustry
Cfassification System and Owners' Persanal Net Worth less than $750,000 dollars.
2. Contact �MWBE to obtain a list of certified minority-awned and women-
owned business enterprises 6y visiting their website at http://�vti+��v.om4vbe.�ia.�ov/or by Tol(
Free telephane (866}208-1064.
3. Use the services available community organizations, cansu(tant groups, local
assistance offices, the County, and other organizations that provide assistance in the
recruitment and placement of small businesses, including SCS firms and minority-owned and
women-owned business enterprises.
F. Equa) Employment Opportunity Effarts
The Contractor shall undertake equal employment opportunity efforts to ensure
that applicants and employees are treated, without regard ta their sex, race, color, marital
status, national origin, religious affiliation, disability, sexual arientation, gender identity a�
24
expression or age. The Contractor's equa( employment oppartunity efforts shall include but not
be (imited to, the following; emplayment, upgrading, demotion ar transfer; recruitment or
recruitment advertising; iayoff or terminatian; rates of pay or ather forms of compensation;
and selection for training, including apprenticeships. The Cantractar agrees to post in
conspicuous places available ta employees and applicants for employment notices setting forth
this nondiscriminatian clause. fn accordance with KCC 12.16.010J. "equal employment
apportunity efforts" shall mean active effarts ta ensure equal opportunity in employment that
is free from all forms af discriminatian.
G. Compliance with Section 5Q4 of the Rehabilitation Act of 1973 as amended
(Section 504} and the American Disabilities Act af 1990 as amended (ADA1
Pursuant tp Title II of the ADA and Section 504 the Caunty must not discr'tminate
against people with disabilities in providing services, programs or activities even if thase
services, programs or activities are carried out by contractors. The Cantractor agrees that it
shall provide al! programs, services and activities to Caunty empfoyees or members of the
public under this Contract in the same manner as King County is abJigated to under Title 11 of
the ADA, and Sectian 504 and shall not deny participation or the benefits of such services,
grograms or activities to people witl� disabilities o� the basis of such disabi(ity. Failure to
comply with this section shalE be a rraaterial breach of, and grounds far, the immediate
termination of this Contract.
1. The Cantractar agrees to pravide ta persans with disabilities access to
programs, activities and services provided under the Contract or agreement, as required by the
disability access laws as defined by KCC 12.16; and
2. The Contractor sha11 not discriminate against persons with disabilities in
providing the work under the Contract. In any subcontracts for the programs, activities and
se�vices under their contract ar agreement, the Contractor shall inciude the requirement that
the subcontractar pravide to persons with disabilities access to programs, activities and
services provided under the contract ar agreement as required by the disability access laws as
defined by KC� 12.16, that the subcontractor shali not discriminate against persons with
disabilities in praviding the work under the Contract and that the subcontractor shal( provide
that the Caunty is a third party beneficiary to that required provision.
H. Sanctions for Vioiatians
Any vioiatian of the mandatory requirements af the pravisions af this section shall
be a material breach of contract for with the Contractar may be subject to damages,
witfiholding payment and any ather sanctians provided for by the Contract and by applicable
(aw.
25
��� �,�� i i i i i
1. Fair Housin�Pratections
The Contractar sha11 comply with the federal Fair Housing Act, Public Law 90-284 (42
USC 3601 et seq.}. The Contractor shall take necessary and apprapriate actions to prevent
discrimination in any housing-reiated project under this Contract, which includes rental housing
projects and/or projects that include residential real estate-related transactians, as required by
the Federal Fair Hausing Act as amended (42 USC 3601) and the Washington State Law Against
Discrimination (RCW Chapter 49.60). Residential real estate-related transactians include the
making ar purchasing af loans or the provisian of financia! assistance for the purchasing,
constructing, improving, repairing c�r maintaining of a dwelling. Rental hausing indudes any
dwelling that is intended for occupancy as a residence for one or more families by lease,
sublease or by grant far a consideration of the right to occupy Premises not owned by the
accupant. In addition, except for projects located in incorporated jurisdictions, the Cantractar
shall comply with the applicable provisions of the King County �pen Housing Qrdinance,
codified at Chapter 12.20 of the King County Code, which prohibits practices of housing
discriminatian against any persan on the basis of age, ancestry, color, disability, maritaf status,
national origin, parental status, passession of Section 8 housing assistance, raee, religion,
retaliation, sex, and sexual orientation.
Projects using federa!funds shall also camply with subsections J, K, �, and M below.
J. Additional Federa! Nondiscrimination Requirements
The Contrac#ar shall comply with a!I applicabfe federal laws prohibiting
discrirrrination, including the following:
1. Presidentiaf Executive Order 11063 as amended and implementing regu(at+ons
at 24 CFR Part 107;
2.Sec#ion 209 of the HCD Act af 1974, as amended (42 USC 5301};
3. The Americans with Disabilities Act (42 USC 1213; 47 USC 155, 201, 21$ and
225); and
4.Sectian 504 af the Rehabilitation Act of 1973 and regu(ations at 24 CFR Part 8.
K. Prohibited Discriminatorv Actions
1. Except where expressiy authorized by federa) law, the Contractor may not,
under any program or activity to which this Cantract applies, directly ar thraugh contractual or
other arrangements, discriminate on the grounds of age, color, creed, familial status, marital
status, nationality, religion, race, sex, sexual orientation, or the presence of any physicaf,
26
mental ar sensory disability. Discriminatory actians may include but are not limited to the
fallowing:
a. Denying any person access to facilities, services, financial aid or other .
benefits provided under the program or activity;
b. Denying any person services to limited English proficiency;
c. Providing any persan with facilities, services, financial air or other benefits,
which are different, ar are pravided in a different form from that provided to others under the
program ar activity;
d. Subjecting any person ta segregated or separate treatment in any facility
or in any matter or process related to receipt af any service or benefit under the program or
activity;
e. Restricting in any way access to or in the enjoyment of any advantage ar
privifege enjoyed by others in connection with facilities, services, financia! air or other benefits
under the pragram or activity;
f. Treating any persan differently fram athers in determining whether the
person satisfies any admission, enroUment, eligibility, membership, or other requirement or
condition which individuals must meet in order to be provided any facilities, services or other
benefit provided under the program or activity;
g. Denying any person any opportunity to participate in a prograrn or activity
as an employee; and
h. Failing to desig�t and construct facilities for fist occupancy after lanuary 26,
1993, that are readily accessible to and usabfe by ind'sviduals with disabilities and faifure ta
remove architectural and communication barriers that are structuraf in nature in existing
facikities,where such removal can be accomplished withaut difficufty and expense.
2. The Contraetor sha11 not utilize eri#eria or methods af administratian that have
the effect of subjecting individuals ta discrimination on the basis af age, caiar, familial status,
nationality, race, religion,sex, or sexual orientation; or mental, physical, or sensary disabiHty; or
have the effect o#defeating of substantialfy impairing accamplishment of the objectives of the
program or activity with respect to individuals of a particular age, calor, familial status,
nationality, race, religion, sex, ar sexual orientatian; ar the presence of any mental, physical, ar
sen5ory disability.
3. The Contractar, in determining the site or (acation of housing of facilities
pravided 'rn whole or in part with funds under this cantract, may not make selections af such
27
site or facation which have the effect of excluding individuals, denying them benefits, or
subjecting them to discrimination an the grounds of age, sex, marital status, familial status,
reiigion, race, creed, calor, sexual orientation, nationality, or tMe presence of any sensary,
mental or physical disabiiity; ar which have the purpose or effect of defeating or substantially
impairing the accomplishment of the objectives of the HCD Act or the HUD Regulatians.
L. Emplovment Proiections
In all solicitations under this Cvntract, the Cantractor shall state that a!I qualified
applicants will be considered for employrnent. The words "equal opportunity employer: in
advertisements shall constitute compliance with this section.
M. No Conflict with Federal Requirements
As indicated by HUD Notice CPD 04-10, a faith-based organization's exemption from
the federal prohibition on employment discrimination on the basis of religion, set farth in 42
USC 2000e-1{aj, is not forfeited when the organization receives NUD funding. Faith-based
organizatians, like any other entity participating in a HUD-funded program, must, however,
comply with a!I the statutary requirements af that particular HUD-funded program. Both #he
CDBG and HOME Programs contain statutory provisions irnposing non-discrimination
requirements on all subrecipients, subgrantees ar contractars. Religious organization that
believe that certain non-discrimination statutory requirements are substantially 6urdensome
may be entitled to protec#ian under the Religious Freedom Restaratian Act [42 USC 4000bb-
2(1}] which applies to a{! federal !aw and its imp}ementation. Subrecipients, subgrantees, ar
contractars should be aware that anti-disc�-imination provisions of Sectian 109 of the Nousing
and Community Development Act c�f 1974, Section 282 of the H�ME lnvestment Partnership
Act may pose questians of eonfarrr�ance with Title VII of the Civil Rights Act af 1964 and future
caurt rulings could define more specifically the application of these laws to faith-based
organizatians. fn the event that a provision af this Cantract is deemed to be in actuai conflict
with federaf law,the conflicting provision in this Cantract shal) not app(y.
25. Subcontracts and Purchases. (Section XX af loint Agreement}
A. Subcontract Defined. "Subcantract" shall mean any agreement between the
Contractar and a subcontractor or between subcontractors that is based on this Contract,
provided that the term "subcontract" does not include the purchase af(1j support services not
related#a the subject matter of this Con#ract, or(2}supp(ies.
B.Writin� Required. Any work or services assigned or subcontracted hereunder shall
be in writing and must be approved by the County as provided in Section XIV. Assignment. The
Cantractor agrees that it is as fu1)y responsible to the County for the acts and omissions af its
subcantractars and their empioyees and agents, as it is for the acts and omissions of its own
employees and agents, as specified in Section XVII. Wold Harmless and Indemnification
Subsection C.
zs
� .......�� �� i
C. Reauired Contract Terms. The Contractor shall include the applicable provisions of
Sections XVII(. (nsurance Requirements - General, XIX. Nondiscrimination and Equal
Emp(oyment Opportunity, and XX. Subcantracts and Purchases in every subcontrac# or
purchase order for goods or services which are paid for in whole or in part with funds provided
under this Contract.The Contractor agrees to include the following language verbatim in every
subcontract, provider agreernent, or purchase agreement for services, which relate to the
subject matter of this Contract:
"Subcantractar shall protect, defend, indemnify, and hold harmless King County, its
officers, emplayees, and agents from any and all costs, claims, judgments, andJor awards of
damages arising out af, or in any way resulting from the negNgent act or omissians of
subcontractor, its officers, employee, and(or agents in connection with or in suppart of this
Contract. Subcontractor expressly agrees and understands that King County is a third party
beneficiary to this Contract and shall have the right ta bring an action against subcontractar to
enforce tne provisions of this paragraph."
Projects using federal funds must also comply with subsections D, E, G and H.
D. Debarred Contractors, Develaper certifies that neither the Contractor nor any
person or entity with a controlling interest in the Contractor is under suspension, debarment,
voluntary exclusion or determinatian of ineligibility from participatian in #ederal assistance
programs under Presider�tial Executive Order 22549 ar 12689, °Debarment and Suspensian"'.
The Contrac#or fur#her certifies that neither the Contractor nor any person ar entity with a
controlling interest in the Contractar has any praceeding pending to suspend, debar, exclude
ar determine them ineligible from participation in federal assistance programs under
PreSidential Executive Order 12549 or 12689.
The Concractor shall nat make any award at any time to any contractar, which is
debarred, suspended ar excluded, from participation in federal assistance programs under
Fresidential Executive Order 1254�9, "Debarment and Suspension".
The Contractor shall ensure that ali subcontractors receiving any federa( funds
pursuant to this agreement have nat been disbarred or suspended from federai contract
participation. This may be done by checking the 5ystem far Award Management at
https:/Jwwwsam.gov,which lists a(I suspended and debarred entities.
E. Subcontractin� Requirements. A Cantractor which receives federal funds under
this Contract alsa shail include the foliowing sections in every subcantract or purchase order
far goods and services which are paid in whoie or In part with funds provided under this
Contract: Section V. Campensation and Method of Payment Subsections F. or G. and I.,
Sections XVI1. Hoid Harmless and Indemnification Subsection B., XVlil. Insurance Requirements
- General, Subsection K, XIX. Nondiscrimination and Equai Employment Opportunity and XXII.
No Confiict af interest Subsection B. and, if the subcontract is far construction, Sections XXXlV.
Labor Standards and XXXV. Employment Oppartunities.
29
G. Federal Bid Guarantee and Bond Requirements. If the Contractor is
subcontracting construction work under this Contract, the subcontract shall require for any
tonstruction contracts exceeding$100,000:
1. A bid guarantee from each bidder equivalent to five percent of the bid price;
2. A performance bond from the contractor far ane hundred percent of the
contract price; and
3. A payment bond from the contractar far one hundred percent o€the contract
price. The Contractor may, at its discretion, require any of these requirements on canstruction
contracts of less than $100,Q00.The specific requirements for bid guarantees and bonds are at
24 CFR § 84.48(c) for nonprofit corporations and 24 CFR § 85.36th} for mtanicipa! corporatians
and agencies of the State of Washington.
4. (This Section 4 is not included in the Jaint Agreeme�t, but added to clarify the
applicability of the Federa! Bid Guarantee and Bond Requirements for this project.} For
purpases of this Agreement, the Developer shall obtain quotes �nat bids}, and is permitted to
base the performance and payment bond amounts on the$200,000 value of the loan of CDBG
funds by the City. Tt�e latter is based upon the requirement that tFre Developer provide a
Fersonal Guarantee to ensure repayment of the laan in the case af default or in accordance
with any other applicable terms of the Agreement c�r the Persanal Guarantee document.
H. Faifure to ComplV is Default. �ailure by the Contractar ta require eompliance w'rth
the above terms and conditians in subcontraets shall constitute a breach af this Cantract.
26. Nondiscrimination in Subcantractin�Practices. (Section XXI of loint Agreement}
Projects using federals funds shall comply with the following requirements:
A. Federal Requirements. In so(iciting subcontractors to supply goods or services for
the activities under this Contract,the Contractor shall comply with 24 CFR 85.36(e) as amended
if the Contractor is a municipai carporation or an Agency of the State of Washington, and 24
CFR 84.44(b}(1}-(5) if the Contractor is a nonprofit corporation. In accordance with these
regulations, the Contractor shal( take all necessary affirmative steps to assure MJWBEs and
labor surplus area firms are used as subcontractors when possible. Affirmative steps shall
inciude those actions specified above in this section of the Contract.
B. Non-discrimination in Federally Assisted Construction. The Contractor shall also.
require compliance with Presidential Executive C?rder 11246 as amended and 41 CFR Part 60
regarding nondiscrimination in bid conditions for construction prajects over$10,q00.
27. Na Canflict of Interest. (Sectian XXII.B of loint Agreement}
3d
The Contractor shall abide by the provision of 24 CFR 84.42 and 570.611, if applicable,
and by the fallowing:
1. The Contractor shall maintain a written code of standards of conduct that shall
govern the performance of its officer, emplayees or agents engaged in the award and
administration af contracts supparted by funds under this Contract.
2. No employee, director, officer ar agent o#the Contractor shall participate in the
selection af in the award, or administration of a contract supported by funds under this
contract if a conflict of interest, real ar apparent,would be involved. By way of example, such a
conflict would arise if such a persan, or his or her emplayer, immediate fam9ly member ar
partner has financia! or other interest in the entity selected;and
3. No covered persons who exerci�e or have exercised any functians or
responsibilities with respect to any Cantract-assisted activities, ar who are in a position to
participate in a decision-making process to gain inside information with regard to such
activities, may have ar abtain a financ+al interest in any contrac#, subcontract or agreement
regarding a Contract-assisted activity, either far themseives or those with wham they have
business or immediate family ties, during their tenure and for one year thereafter. Far
purposes af this paragraph, "covered persons" ineludes any person who is an empfayee, agent,
consultant, afficer, or director of the Cantractor or the County.
28. Labor Standards. (Sectian XXXIV of Ja9nt Agreement}
Agencies receiving a CDBG andJar NOME award sha(I comply with Subsections A and C
below.
A. Davis-Bacon Reauirements
For projects assisted with CDBG funds, this Subsection shall nat apply ta
constructian or rehabiiitation of residential property consisting af fewer than eight units. For
projects assisted with Ht�ME funds, this Subsection shal( not app(y to rehabilitation of rental
property consisting of fewer than twelve units.
All canstructian work funded in who(e or in part under this Contract must be
performed in accordance with the Davis-Bacon Act, as amended (40 USC sections 276(a)-
276(a}(5)), the Copeland "Anti-Kickback" Act, as amended (40 USC 276 (c)) and the Cantract
Work Hours and Safety Standards Act (40 USC 327 et seq.) as further prescribed at 29 CFR Parts
1, 3, 5, 6 and 7. The Contractor will follow all pavis-Bacan documentation requirements and
regularly submit required documentation to the Caunty shall maintain records sufficient ta
evidence compliance with this section and shall make such records available for the Caunty's
review upon request.
31
A copy of the current Davis-Bacon wages must be included in ali construction bid
specifications, contracts, and/or subcantracts over two thousand doliars ($2,OQQ}, except where
the project includes a copy af applicable state prevailing wages that are higher than current
Davis-Bacon wages.
Agencies receiving an award of local funds (HOF, RAHP, NS 2331, Veterans and
Human 5ervices Levy ar MIpD funds) or federa! funds that do not trigger Davis-Bacan shafl
comply with Subsections B and C below:
B. Prevailin�Wa�es
Projects that are not subject to Section A above,sha!! pay 5tate residential prevailing
wage rates as a minimum. Projects that are subject ta State prevailing wage requirements of
chapter 39.12 RCW sha!! pay prevailing wages at or above the applicable State classification
rate.
The Contractor shall provide annua! certification to the Caunty of its compiiance
with the requirements af this section. The contractor shafl additionally maintain records
sufficient ta evidence compliance with this sec#ion and sha(I make such recards availab(e far the
County's review upon request.
C. Use of Volunteers
The Cantractor shall obtain the written approval of the County prior ta allowing any
vaEunteers to perform canstruction work on a project assisted under this Contract.
D. Labor Comp(iance (From laint Agreement Amendment Section I1.F.3.d.i)
NCD will present each prime contractor and their accounting and/or payrall staff
with detaiied Informat+on regarding compliance with CDBG Program Regulations including, but
nat limited to, federal iabor standards files (Davis-Bacon and Related Acts documentation� and
Section 3 regulations. Pertinent federal forms witl be distributed at a preconstruction meeting
priorto a Notice to Proceed being issued.
�9. Emplovment Oqpartunities on Assisted Construction Prolects. {Section XXXV of
loint Agreement}
A. Sectian 3 Requirements. The wark to be perfarmed under this Contract may be
subject to#he requirements of Section 3 of the Hausing and Urban Develapment Act of 1958, as
amended, 12 USC 17p1u (Section 3). The purpose of Section 3 is to ensure that employment
and other economic opportunities generated by HUD assistance or HUD-assisted projec#s
covered by Section 3, shall, to the greatest extend feasible, be directed to low and very (ow-
income persons, particularly persons who are recipients of HUD assistance for housing.
32
B. Section 3 Criteria for Capital Projects. As set farth in the HCD Plan, 5ection 3
reguiations faund at 24 CFR § 135.38 app(y to ail Project/Program Exhibits which meet all three
af the following criteria:
1. The Project/Program Exhibit must include $200,000 or more in total HUD
funds frorn one or mare pragram years;
2. The Project/Program Exhibit must include construction or rehabilitation wark
as a task that will be funded in full or in part with the HUp funds; and
3. The canstruction or rehabilitation work that will be funded must have a
contract value, which exceeds $100,000. Actual contract value of construction or rehabilitation
work is the determining factor, not a cost estimate.
Additianally, Sectian 3 regulations are applicable to Project/Pragram Exhibit{s),
which do not initially meet the above criteria but which are amended so as to add funds or
change the activities for which the funds are used. Section 3 regulations da not apply ta
projects that include $200,000 or mare in HUD funds when the funds are being used for
acquisition and/or prafessional services only and not for cons#ruction or rehabilitation work.
30. Other General Requirernents.
A. The proposed project is an eligible activity (Economic Development—Commerciaf
Rehabilitation} and meets the CDBG program's natiar�al objective af bersefitting low- and
moderate-income persons on an area basis. The combined Downtown and South Rentan
subareas (as designated in the City Center Community Pian) are located within three (3) eensus
tract block groups (Nas. 53 Q33 0253(}0-3, -4 and -5) where at least fifty-ane percent (51%) of
the residents are considered ta meet law- and moderate-incame levefs as defined by NUD
guidelines.
B. AI! work must be dane in accordanee with industry standards, a(( app(icable iocal,
state and federa€ codes, ordinances, permit and inspectian requirements, and rules and
regulatians for the CQBG pragram.
C. Any renavatian work undertaken prior ta tfie City's final written authorization ta
begin construction is not e(igible far assistance under this loan agreement.
D. All rehabiiitatian work undertaken in conjunction with the Program and this
Agreement which exceeds approved financiai assistance shall be borne by the Developer.
E. Ai{ canstruction management shail be the responsibility of the Developer. All
work undertaken is subject to the Davis-Bacon Act.
33
F, Uniform Relocatian Act. Developer agrees to campty with all applicable provisions
pf the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended, 42 U.S.C. § 4601 et seq. (the "URA"). Develaper is responsible for all acquisitian and
relocation costs when displacement of tenants occurs as a result af the praject, in accordance
with the URA.
G. Cantacts. For purposes of submitting notices or other written correspondence
between parties,the follawing will serve as primary contacts;
DEVELOPER: Dave Brethauer
Cortona, LLC
10232 63�d Avenue South
Seattle, WA 98178
CITY: lohn W. Callum
Community& Economic Development Qepartment
1055 Sauth Grady Way
Rentan, WA 98057
31. Propertv Maintenance.
Fc�r the duration of this Agreement,the Developer shalf:
A. Maintain a!I improvements in compliance with a1i requirements under the Renton
Municipal Code (RMCj.
B. 8e responsible for assuring the property 'ss maintained in good repair and free
fram accumulation af debris, graffiti or waste materiais; and take a(1 other actions necessary to
maintain and ensure the neat and clean appearance of the surrounding streetscape area.
During reha6ilitation of the property, the developer sha(( maintain a well-kept constructian
site.
C. Provide the City, its agents and/or its representative the right ta inspect the
Praperty at any reasonable hour of the day ta determine Deveioper's compiiance with these
reguirements.
32. Misceilaneous Provisions.
A. Independent Contractor. The Developer shail perform ali obligations under this
Agreement as an independent contractor; neither it nor its empioyees shall be considered
employees, partners or agents of the City, nor shall it or its emp(ayees be entitled to any
benefits, insurance, pension, or warkers' compensation as an emplayee of the City.
34
B. Assi�nment. The Developer shall not assign or transfer any interest in this
Agreement without abtaining the prior written approval of the City.
C. Subcontracts to the A�reement. The Developer shali not enter into a subcontrac#
for any af the services performed under this Agreement without obtaining the prior written
approva)of the City.
D. Written Amendments. This Agreement may be modified only by a written
amendment or addendum that has been executed and appraved by the appropriate officiafs
shawn on the signature page af this Agreement.
E. Required Approvals. Neither the Developer nor the City is bound by this
Agreement until it is appraved by the appropriate officials shown on the signature page of this
Agreement.
F. Article Captians. The captions appearing in this Agreement are far canvenience
only and are not a part of this Agreement;they do not in any way(imit or amplify the provisians
of this Agreemen#.
G. Annual Reports. Qeveloper shall submit an annual report to the City providing a
status of the building's leasing activity and occupancy status, including a �tatus report on items
discussed in Section 7.0 above. The report wi1! assist the City in determining whether the
Developer is meeting requirements necessary ta achieve laan forgiveness. The first report shali
be submitted six (6} months after sta�t o€canstruction and then every ane year anniversary of
the first report thereafter for five (5j years.
H. Proiect Paster. Follawing receip# af a Notice to Proceed with building
improvements, the Devefaper shall insta(I a "Coming Soon" poster in a buiiding window facing
5outh 3`d Street announcing the project. The paster shall:
i. Measure a minimum 48 inches by 72 inches.
ii. Inc(ude a rendering(s}of the project (southeast corner perspective preferred).
iii. inciude a fioor pian of the street ieve(space.
iv. Provide a list of primary project details (praject name, size, amenities, special
features, completion date, deveioper, contractar, and any ground flaor tenants that haue
signed leases}.
v. Indude the fafiowing: "A project funded by the City of Renton Community
�evelopment B(ock Grant Program," and list the names of the current Mayor and City Counci!
members.
35
I. Severabilitv. If any provision af this Agreement is determined to be unenfarceable
or invalid, such determinatian shall not affect the validity of the ather provisions contained in
this Agreement. Failure ta enfarce any provision of this Agreement daes not affect the rights of
the parties to enfarce such provision in another circumstance, nar does it affect the rights of
the parties to enforce any other provision af this Agreement at any time.
J. Federal, State and Local Requirements. The Developer is responsible for full
compliance with all applicable federal, state, and local laws, rules and regulations.
K. Na Benefit for Third Parties. The services to be performed by the Qeveloper
pursuant ta this Agreement with the City are intended salely for the benefit of the City, and no
benefit is conferred hereby, nor is any contractual relationship established herewith, upon or
with any person or entity not a party to this Agreement. No such person or entity sha11 be
entitled to rely on the Developer's performance o€its services hereunder, and no right to assert
a clairn against the City ar the Developer, its officers, employees, agents or cantractars shall
accrue to the Deve#oper or to any subcontractors, independently retained professianal
consultant, supplier, fabricator, manufacturer, lender,tenant, insurer, surety or any other third
party as a result of this Agreement or the performance or non-perfarmance of the Developer's
services hereunder.
L. Non-Reliance of Farties. Parties explicitly agree that they have not refied upon any
earlier or outside representatians ather than what has been included in this Agreement.
Furthermore, neither party has been induced to enter inta this Agreement by anything ather
than the speci#ic written terms set farth herein.
M. �orce Maieure. In the event that Develaper is prevented or de(ayed in the
performance af any of its obligatians under this Agreement by reasan(s} beyand the reasonabfe
cantrol af Developer (each, a "Force Majeure Event"}, then Developer's performance shafl be
excused during the Force Majeure Event. Upon removai or termination of the force Majeure
Event, Deve(aper shail promptly perform the affected obligations in an order(y and expedited
manner under this Agreement or procure a substitute for such ob(igation or perfarmance that
is reasonably satisfactory to Renton. Deve(oper shall not be excused by mere economic
hardship ar by misfeasance or ma(feasance af its directars, officers or employees. As used
herein, Force Majeure Events include, but are not limited to, Acts of God, war, acts of domestic
terrorism ar violence, civi( cammotion, labor disputes, strikes, earthquakes, fire, flood or other
casualty, shortages of labor ar materials, government regulations or restrictions, e�ctreme
weather conditians, any other cause or event not reasanably within the control of either party,
or any failure or de(ay in the performance by Renton or any third party that is not an employee,
agent or contractor of Developer. The Parties shall use all cammercially reasonable efforts ta
eliminate ar minimize any delay caused by a Force Majeure Event.
N. Governin� law and Venue. This Agreement shall be governed and construed in
accordance with the laws of the State of Washington. Any action for breach of this Agreement
36
ar to enforce or nullify any provision af this agreement shall be instituted only in a court of
appropriate jurisdictian in King County, Washington.
0. Entire A�reement. This Agreement forms the entire Agreement between the City
and the Deuelaper. Any priar representations, promises, agreements, oral or otherwise,
betwe2n#he parties, which are not embodied in this writing, shall be of no force or effect.
(Signatures appear on following pages)
37
IN W(TNESS WHEREOF,this Agreement has been duly executed and delivered and is
effective on the iatest of the dates set forth below.
DEVELOPER:
.r`% �,.�
By: �/�,-�i'2��r� �irY� �—C..��t C.,,�.--�" Date: /"YO v'°r..t+��r�"' � � �yJ
J .. .� �., ,
/n��_
N a m e: 1T��1rz3� �r-P.%���
t�
Title:�1��,�,"'r G.dy-'�lly�Gt, �.-C.,.
,
�
gY /�'���Z t-f (r'`r lJ��5{�.��C..LI �t�C___ Date: /YDV'P�r.'I� `#. 2.�1,5�
- - � � i
N a me: �0/2,r C+�.,. ��'�Ut�'-�'."
Title: /�ri»�,,e�,Prr-�, �r'`��ut,• �..1�
i
38
_ � ��II�1 i i u i u i
LtCjCORPORATF FORM OF ACKNOWLEDGMENT
Notary 5eal must be STATE OF i�1r;-��-,,,,�r�� ) �S
within bax COUNTY OF rC"r � G }
On this ��- day of �t���,�la-t.�, 20 1 S,before me
personaily appeared:
(����� � �-- mo,�,�tp {�r..�-F'�c� v�.V' to me
�,��.."�:`, known to�ethe ;�i���t,�,�� /G�t.�ar.s�
`���`��,L,�'��ac',�,.. of `7��-i � �`d5z.R� ,���. and acknowledged the
� ���s�yt�µ�'Y'°i��4J said ir�strument ta be the free and vo#untary act and deed of
.-��ar'��°��'�Y fi`�'�% �said lirnited !'rability campany/corporation, for the uses and
; �u " � '�c� � �'purposes therein mentioned, and each on oath stated that
;, �•,��,, AUa� '��'�he/she was authorized to execute said Enstrument and that
`'Ij���iJ`+,$�;,�:`'��g�'` the seaf affixed, if any, is the corporate sea( af said
j�r�,�Ofi 4'V�`
corporation.
��- �..�.__=_n�-�
Notary�blic in and far the`�5tate of ;.c,'��-,�.:c�z%r.�
Natary(Print} �� :�}� r��j,G U.4 iz.l 1�
My appointment expires: � - � - t �
Dated. 1� - '� ' j �
39
CITY OF RENTON
BY� � r
D Law, ayor
ATTEST:
� �,yuumamuurui
.o�``�`��� �F �H�'%
BY� ` � �� ���`�� r �'%�
Jaso A. Seth, ty Clerk � � ��%
_ � ,
-� S�'��.� �_
;� � .. ;
,
�; ��,.
�, 6•
APPROVED AS TO FORM �•�, ��;
���;,,y� � �,,�;;;
,,;;;,�, ��..,
1 B;':".4,;..
BY: R�'v"Q't^-+��/%���i.-*-.�t._
Lawrence J. Warren, City Attorney
40
EXHIBIT A
PROlECT BUDGET
... .......... ��ql�-I�
EXHIBIT A
PROJECT BUDGET
item Cast
Consultant� $33,750.00
Permits) $500.00
Financing) $10,000.00
Sitework� $55,154A4
Masonry� $14,Q40.OQ
Meta}siAwning) $53,395.00
Thermaf and Maisture Pratectian� $36,�60A0
Doars and Windows� $81,163.00
Finishes� $15,275A0
Mechanical� $12,132.Q0
Eiectrical� $11,810.00
General Requirements� $56,243.Q0
Signage $10,OOO.QQ
Subtotai! $385,4$2.OQ
Contingency on Subtotal {5°l)� $19,274.30
Contingent Subtotal $404,756.1.0
Profit and Overhead an Contingent Subtotal (15%}� $60,713.42
Contingent P&O 5ubtotal� $465,469.52�
Sales Tax on Contingent P&0 Subtota! (9.5%a $44,219.60�
Tota! Project Budget $509,589.12�
Prevailing Wages
ihe City is utifizing CDBG monies to fund fa�ade improvements for this project.
Federal prevaiiing wage rates are the minimum requirement whenver CDBG funds are used
for construction.
Projects receiving federal funds are required to fallow federal Davis Bacon wage rate requirements
The Develaper has certified that federal wage requirements are reflected in the project budget
above.
EXHIBIT B
PROMISSORY NOTE
PROMISSORY NOTE
$ 2Qp,400
Date
Rentan,WA
City, State
FOR VALUE RECEIVED, Cortona, LLC, hereinafter "Maker" promises to pay to the City of
Rentan, a Washington municipal carporatian, hereinafter "Holder" or order, at 1055 South
Grady Way, Renton, Washington 98057, or other such place as may be designated by the
Holder from time ta time, the principal sum of two hundred thousand dollars ($20p,Q00�, with
interest on the unpaid principal at the rate of zero percent(Q%� per annum as follows:
1. PAYMENT5: puring the term of this Nate, Maker shall make no payments of
principa! or interest provided, however, #ha# if Maker shall be found in default af any of the
terms or conditians of this Nate, ther� the full balance shalf becarne immediately due and
payable. Payment of the principal amount af this Note will be fargiven five years following the
recorded date of the attached Deed of Trust {Exhibit A) as long as {a) the Maker rema'rns the
awner of the building and property that is financed in fuli or in part by this Note and secured by
a Deed af Trust and a Personal Guarantee, (b} remains current on City and County property
taxes and fees, (c} maintains insurance on the property in accardance with the terms of the
Fa�ade Improvement Agreement, and (d) maintains the fa�ade improvements funded through
this loan and Maker's funds in goad repair and free fram any accumulation of debris, graffiti, or
waste materia(s, and takes all other actians necessary to maintain and ensure the neat and
clean appearance af the surrounding streetscape area. "Owner" means that the Maker owns
the property in fee simple and does nat enter into a lease purchase, land sales contract, or
other similar property agreement.
2. DUE DATE: The entire balance of this Note together with any and a!I interest
accrued thereon shall be due and payable in fuil on March 31, 2021, subject ta the terms af the
Fa�ade tmprovement Agreement.
3. ALCOCATEON OF PAYMENTS: Each payment sha11 be credited first ta any iate charge
due, second to interest, and the remainder to principal.
4. PREPAYMENT: Maker may prepay al) or part of the balance owed under this Note at
any time without penalty.
5. USE FOR FA�ADE IMPROVEMENT ONLY:This Note evidences a loan by the Holder to
the Maker for the exclusive purpose of fa4ade improvements to rea! estate located at 724
NOTE-Page 1
Sauth Third 5treet, Rentan, Washington (tax parce) ID # 7231502210) (hereafter referred to as
the "Property"), as described in the Fa�ade impravement Agreement between the Maker and
the Holder, dated , 20� . Maker agrees to comply witl� al! provisions of the
Fa4ade Impravement Agreement in carrying out the rehabilitation work. Proceeds of the loan
not reguired for the rehabilitation shall be applied against the principal balance of#he Nate.
6. INTEREST IN EVENT QF DEFAULT: Upon default of any af the terms and canditions af
this Note, this Note wifl accrue in#erest at a rate af four percent (4°l) per annum until the
principal amaunt af#his Nate is paid.
?. LOAN Ft3RGfVENESS: in addition ta the terms provided under Sectian 1 abave
regarding the principal amount of this Note being forgiven five (5) years following the recorded
date of the Deed of Trust, the Maker must also reach and maintain an acceptable level of
ground level occupancy of the Property. Upon completion of the fa4ade improvements funded
through the Fa4ade Improvement Agreement and recordation of the Deed af Trust, Maker has
one hundred eighty (180� days to install tenants within at least fifty percent (SO%j af the
building's ground level commercia! space sguare faotage, and within ane �1) year ta achieve at
4east eighty percent (8Q%) occupancy of the lauilding's ground level commercia! space square
footage.
5hould the gro�nd level commercial space square footage nat reach eighty percent
{80°l0) accupancy tnrithin this one �1}-year period or not maintain eighty percent (80%}
occupancy throughout the term of the Note, the Maker shall notify the Hoider
immediately. Holder, at its sale discretion, may then grant Maker a ninety (90)-day grace
period for Maker to shaw praof of active and aggressive effarts to obtain tenants for the
praperty ta achieve at ieast eighty percent (80%) occupancy, including but not limited to, the
engagement of a professional cammercial brokerage firm. Proof of efforts to obtain tenants
may also include invoices far advertising, copies of advertisement runs, and any other proof of
active marketing of the Property. If the Maker has executec! a lease(s) to reach at least eighty
percent (80%� occupancy of the ground flaor commercia! space square footage during this
grace period, Holder, at its sole discretion, may then grant Maker an additianal ninety {90)-day
grace periad #a ensure that the tenant(s) occupy the space ta achieve at Eeast eighty percent
(80°14} occupancy. "Occupancy" refers ta having an active business open ta the public, or tenant
in the case of mixed use properties. Use of the building far starage daes nat quaiify as
accupancy.
After the initial one (1}-year period and expiration of any grace periads that have been
granted by the Nolder during the term af the Nate, if the ground floar commercial space square
footage is not at ieast eighty percent (80%) occupied, or any of the other terms for loan
forgiveness under Section 1 have not been met, Maker will be notified that the loan shall
become immediately due and payable.
RtOTE-Page 2
8. HOLDER'S RIGHTS IN EVENT OF DEFAULT: At the Holder's option, breach or default
in any of the above-described conditions in this Note or in the Deed of Trust shall cause this
Note to become due and payable without notice, and the principal will not be forgiven from
and after the date of the breach or default. Failure to exercise this option shall not constitute a
waiver of the right to exercise this option in the event of any subsequent default.
9. CURRENCY: All principal and interest payments shall be made in lawful money of
the United States.
10. DUE ON SALE: If this Note is secured by a Deed of Trust or any other instrument
securing repayment of this Note, the property described in such security instruments may not
be sold or transferred without the Holder's consent. Upon breach of this provision, Holder may
declare all sums due under this Note immediately due and payable, unless prohibited by
applicable law.
11.ACCELERATION: If Maker fails to abide by the terms of the Fa�ade Improvement
Agreement, or if Maker defaults under any Deed of Trust or any other instruments securing
repayment of this Note, and such default is not cured within thirty (30) days after written
notice of such default, then Holder may, at its option, declare all outstanding sums owed on
this Note to be immediately due and payable, in addition to any other rights or remedies that
Holder may have under the Deed of Trust or other instruments securing repayment of this
Note.
12.ATTORNEYS' FEES AND COSTS: Maker shall pay all costs incurred by Holder in
collecting sums due under this Note after a default, including reasonable attorneys' fees,
whether or not suit is brought. If Maker or Holder sues to enforce this Note or obtain a
declaration of its rights hereunder, the prevailing party in any such proceeding shall be entitled
to recover its reasonable attorneys' fees and costs incurred in the proceeding (including those
incurred in any bankruptcy proceeding or appeal) from the non-prevailing party.
13.WAIVER OF PRESENTMENTS: Maker waives presentment for payment, notice of
dishonor, protest and notice of protest.
14. NON-WAIVER: No failure or delay by Holder in exercising Holder's rights under this
Note shall be a waiver of such rights.
15.SEVERABILITY: If any clause or any other portion of this Note shal) be determined to
be void or unenforceable for any reason, such determination shall not affect the validity or
enforceability of any other clause or portion of this Note, all of which shall remain in full force
and effect.
NOTE-Page 3
16. INTEGRATION: There are no verbal or other agreements which madify or affect the
terms of this Note. This Note may not be modified or amended except by writter� agreement
signed by Maker and Nolder.
17. CONFLICTING TERMS. In the event of any canflict between the terms af this tVate
and the terms o€ any Deed of Trust or other instruments securing payment of this Nate, the
terms of this Nate shaN prevail.
28. EXECUTtOIV: Each Maker executes this Note as a principal and not as a surety. If
there is more than one Maker, each such Maker shall be jointly and severally iiable under this
Note.
19. COMMERCIAL PROPERTY: Maker represents and warrants ta Hofder that the sums
represented by this Note are being used for bu$iness, investment or commercial purpases, and
not for personal, family ar household purposes.
20. ORAI AGREEME#VTS: Ora! Agreements or ora) commitments to loan maney, to
extend credit, or ta forebear from enforcing repayment of a debt are not enforceabfie under
Washington law.
21. DEF(NITIONS: The ward Maker shall 6e construed interchangeably with the words
Maker or Payer and the word Holder shall be canstrued interchangeably with the wards Lender
or Payee. In this Note, singular and plural words shall be construed interchangeably as may be
apprapriate in the context and circumstances to which such words apply.
22. ADDITiONAI TERMS AND CONDITIONS. (check one)
a. ( � NONE
OR
b. {�/"}As set forth on the Fa�ade Imp�-ovement Agreemen#, attached hereto as
"Exhibit B" which is incorporated by this reference.
(Note: If neither a or b is checked,then aption "a" applies}
NOTE-Page 4
23.THIS NOTE IS SECURED BY (✓) DEED OF TRU5T, ( � MORTGAGE, ( )
OF EVEN DATE.
Maker (signatures�
By Bv
George Brethauer Monica Brethauer
Member, Cortona LLC Member, Cortona LLC
Maker's address for all natices given by Holder under this Note:
1Q232 53rd Avenue South
Seattie, WA 9$17$
QO NOT OESTROY TNIS NC7TE
WHEN PAID this original Note tagether with the Deed af Trust securing the same must be
surrendered to the Trustee for cancellation and retention before any reconveyance can be
processed.
NOTE-Fage 5
EXHIBIT A
DEED OF TRUST
EXHIBIT B
FA�ADE IMPROVEMENT AGREEMENT
EXHIBIT C
PERSONAL GUARANTEE
PERSONAi.GUARANTEE
THIS GUARANTEE dated this day of , ZO
From: Gearge Brethauer and Monica Brethauer{The Guarantor)
To: City af Renton of 1055 South Grady Way, Renton, WA 98057 (The Lender}
Re: Cartana L�C af 10232 63`d Ave South, Seattle, WA 98178 (The Debtar)
IN CONSIDERATION OF the Lender extending a loan of two hundred thousand dallars ($200,000)
to the Debtor plus ather valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Guarantor personally guarantees the prampt, full and complete performance of
any and all present and future duties, obligations and indebtedness (the "Debt") due to the Lender
by the pebtor, up to a limit of $200,000, under the terms of the Promissory Note dated
signed by Debtor (the "A�reement") and under the foliowing terms
and conditians:
1. The Guarantor guarantees that Debtor will promptly pay the full amount of principal and
interest of the Debt as and when the same will, in any manner, be ar becorrre due, either
according to the terms and conditions provided by the Agreement or upon acceleratian of
the payment under the Agreement by reason of a default;
2. The Guarantor agrees not to pledge, hypothecate, martgage, sell or otherwise transfer a!I or
substantialfy a11 af Guarantor's assets without the priar written conser�t of the �ender;
3. To the extent permitted by law, the Guarantor waives all defenses, counterciaims or offsets
that are legally available ta the Guarantor with respect to the payment of the Debt of
Debtor; and
4. If Guarantor is married, Guarantor hereby expressiy agrees that Guarantor is acting on
behalf of Guarantor's maritaf corr►munity, that this Guarantee benefits or is expected ta
benefit the cammunity, and that recourse may be had against both Guarantor's separate
property and community property.
This Personal Guarantee shall be construed exclusively in accordance with, and gaverned by, the
laws of the 5tate of Washington. Any dispute arising hereunder may only be brought within the
King County Superior Court, State of Washington. This Personal Guarantee embodies the entire
pramise of Guarantor to personally guarantee Debtor's Debt and supersedes all prior agreements
and understand+ngs relating to the subject matter here, whether oral ar in writing. This Persanal
Guarantee may not be assigned or transferred without a written document, signed by the
Guarantor, Debtor, and lender, permitting such assignment or transfer.
Dated this day of , 20
George Brethauer—Guarantor Manica Brethaue�—Guarantor
EXHIBIT D
DEED OF TRUST
When recorded return to:
City C(erk
City of Renton
1055 Sauth Grady Way
Renton, WA 98057-3232
DEED C?F TRUST � Assessor's Property Parcel/Tax Accaunt
Number: 72315Q2210
Reference Number(s) of Documents assigned or released; N/A
Grantor(s): Grantee(s):
1. Cortona LLC, a Washington Limited 1. City of Renton, a Washingtan Municipal
Liability Company Corporation
LEGAL DESCRIPTiON: (Abbreviated or full legal must go here. Additianal legal on Exhibit A)
Ptn. Lots 11 & 12, Blk 25 Tawn of Renton Vo1 1 Pg 135
DEEp OF TRUST
THIS DEED OF TRUST, made this day of ,
between Cortona LLC, a Washingtan corporatian/limited liability company, having its office at
10232 63�d Avenue Sauth, Seattle, WA 98178 ("Grantor"�, First American Titie Company,
having its office at 818 Stewart Street, Suite 800, Seattle, WA 981Q2 {"Trustee"}, and the
City af Rentan, a Washington munic'rpa{ corporation, t�aving its office at 1055 South Grady
Way, Renton, Washington 98057("Beneficiary").
WITNESSETN: Grantor hereby bargains, selis, and conveys to Trustee in trust, with power of
sale,the follawing described rea! praperty in King County, Washington:
See Exhibit A, tegal Description,attached hereto and inearporated herein by thi�reference.
King County Parcel Number: 72315Q2220, whith real property is not used principal{y for
agricultural or farrr�ing purpases, tagether with all the tenements, hereditaments, and
DEED OF TRUST-Page 1
appurtenances now or hereafter thereunto belonging or in any wise appertaining, and the
rents, issues, and profits thereof.
This Deed of Trust is for the purpose of securing performance of each agreement of Grantor
contained in this Deed of Trust, and payment of the sum of two hundred thousand dollars
($200,000) with interest, in accordance with the terms of a Promissory Note of even date
herewith, payable to Beneficiary 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, together with interest thereon at such rate as shall be
agreed upon, and the performance of the covenants and agreements of the Grantor, which
follow.The Promissory Note is described as follows:
One Promissory Note, describing a Deferred Payment Loan in the principal amount of two
hundred thousand dollars ($200,000). Upon default of any of the terms and conditions of the
Note, interest will accrue at the rate of four percent (4%) per annum and the principal
balance will become due and payable.
DUE DATE: The date of total forgiveness shall be five years after the recordation of this
Deed of Trust, estimated to be March 31, 2021, provided Grantor has paid all other sums,
with interest, advanced to protect the security of this Deed of Trust, and complied with all
covenants and agreements.
A. 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 accumulation of
debris, graffiti, or waste thereof; to take all actions necessary to maintain and ensure the
neat and clean appearance of the surrounding streetscape area; 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.
2. To pay before delinquent all lawful taxes and assessments upon the property; to
keep the property free and clear of all other charges, liens, 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 hazards in an amount not less than the
total debt secured by this Deed of Trust. All policies shall be held by the Beneficiary, and be
in such companies as the Beneficiary may approve and have loss payable first to the
Beneficiary, as its interest may appear, and then to the Grantor. The amount collected
under any insurance policy may be applied upon any indebtedness hereby secured in such
DEED OF TRUST-Page 2
order as the Bene#iciary shall determine. Such application by the Beneficiary shafl not cause
discontinuance of any proceedings to foreclose this Deed af Trust. In the event of
foreciasure, all rights of the Grantor in insurance policies then in force shafl pass to the
purchaser at the foreclasure sale.
4. Ta defend any action or praceeding purporting ta affect the security hereaf ar the
rights or powers af Beneficiary or Trustee, and to pay ali costs and expenses, including cost
af titie search and attarney's fees in a reasonabie amount, in any such action or proceeding,
and in any suit brought by Beneficiary to foreclose this Deed af Trust.
5. To pay al) costs, fees, and expenses in connection with this Deed of Trust, including
the expenses of the Trustee incurred in enforcing the abligation 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,
liens, encumbrances, or other charges against the praperty hereinabove described,
Beneficiary may pay the same, and the amount so paid, with interest at the rate set farth in
the note secured hereby, shall be added to and become a part of the debt secured in this
Deed of Trust.
7. This Deed of Trust and Promissory IVote were executed and del'rvered to secure
manies advanced ta the Grantor by the Beneficiary as or on account of a loan evidenced by
the Promissory Note,for the p�arpose of rehabilitating the property.
8. DUE ON SALE: Tl�e property described in this security instrument may not be sald or
transferred withaut the Beneficiary's consent. tlpon breach of this pravision, Beneficiary
may declare all sums due under the note and €3eed of Trust immediately due and payable,
unless prohibited by applicable law.
9. NO FURTNER ENCUMBRANCE5: As an express conditian of Beneficiary making the
loan secur-ed by this Deed of Trust, Grantar sha#I nat further encumber, pledge, mortgage,
hypothecate, place any(ien, charge or daim upon, or otherwise give as security the property
ar any interest therein nor cause or aliaw by aperation of iaw the encumbrance af the Trust
Estate ar any interest therein withaut the written consent of a Beneficiary even though such
encumbrance may be junior to the encumbrance created by this Deed of Trust.
Encumbrance of the property contrary to the provisions of this provision shall constitute a
default and Beneficiary may, at Beneficiary's option, declare the entire balance of principa(
and interest immediately due and payab�e, whether the same be created by Grantor ar an
unaffiliated third party asserting a judgment lien, mechanic's ar materialmen's lien or any
other type of encumbrance or titte defect.
DEED QF TRUST-Page 3
B. IT IS MUTUALLY AGREED THAT:
1. In the event any portion of the property is taken or darnaged in an eminent domain
proceeding, the entire amount of the award or such portion as may be necessary to fufly
satisfy the obligation secured by this Deed of Trust shal( be paid ta Beneficiary ta be applied
ta said abligation.
2. By accepting payment of any sum secured by this Deed af Trust after its due date,
Beneficiary daes not waive its right ta require prompt payment when due of all other sums
sa secured or to declare default for failure to so pay.
3. The Trustee shall ►-econvey, at the Grantor's sole expense, all ar any part of the
property covered by this Deed of Trust to the person entitled thereto, on written request af
the Grantor and the Beneficiary, ar upon satisfaction of the obligation secured and written
request for reconveyance made by the Beneficiary or the person entitled thereto.
4. Upan default by Grantar in the payment of any indebtedness secured by this Deed of
Trust or in the performance of any agreement contained in this Deed of Trust, a!I sums
secured hereby sha{I immediately become due and payable at the optson of the Beneficiary
subjeet to any cure period pravided in the note secured by this Deed of 1'rust. In such event
and upon written request of 8eneficiary, Trustee shali sell the trust praperty, in accordance
with the �eed af Trust Act of the State of Washington, 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 attarney's fee; {2} to the obligation secured by this Deed of Trust; and (3}
the surplus, if any, shail be distributed to the persans entitled thereto.
5. Trustee shall deliver to the purchaser at the sale its deed, withaut warranty, which
shaii convey ta the purchaser all right, tit(e and interest in the real and personal property
which Grantor had or had the power to convey at the time of the execution of this Deed of
Trust, and such as Grantor may have acquired thereafter. Trustee`s deed shall recite the
facts showing that the sale was conducted in compliance with all the requirements of law
and of this Deed of Trust, which recital shall be prima facie evidence of such compliance and
conclusive evidence thereaf in favor of bana fide purchaser and encumbrancers far value.
6. The power of sale conferred by this Deed of Trust and by the Deed of Trust Act af 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 event of the death, incapacity, disability, or resignation of Trustee, or at the
discretion of the Beneficiary, Beneficiary may appoint in wr9ting a successor trustee, and
upon tl�e recording of such appaintment in tne mortgage records of the county in which this
DEED OF TRUST-Page 4
Deed of Trust is recorded, the successor trustee shall be vested with a(I powers of the
originai trustee. The trustee is not obligated to notify any party hereto of pending sale
under any other Deed of Trust or of an action or proceeding in which Grantar, Trustee, or
Beneficiary shall be a party unless such actian ar proceeding is brought by the Trustee.
8. This Deed of Trust applies to, inures to the benefit of, and is binding not anly on the
parties hereto, but on his/herjtheir heirs, devisees, legatees, administrators, executors, and
assigns. The term Beneficiary shall mean the holder and owner of the note secured hereby,
whether or nat named as Beneficiary herein.
9. ADpITIONAL TERMS AND C�NDITIONS: (check one}
a. ( ) None
b. (✓) As set farth on the Fa�ade Improvement Agreement, attached hereto as Exhibit
B,which is incorporated by this reference.
{Note: ff neither "a" nor"b" is checked,then option "a" applies.}
DEED OF TRUST-Page 5
Grantar—Cortona LLC
By By
George Brethauer Manica Brethauer
Member, Cortona LLC Member, Cortana LLC
tLC/CURPL�R.;TE FOR�L'OF ACK,'iC7;'iCE�7�•"r?w AiT
Notary Seal must be within STATE(?F � SS
box �Ot1NTY OF
)
an this day of , 20 , before me
persanally appeared:
to me known to be the
of , and acknawiedged
the said instrument ta be the free and voluntary act and
deed of said iimited iiability companyJcorporation, far the
uses and purposes therein mentioned, and each on oath
stated that he/she was authorized to execute said
instrument and that the seal affixed, if any, is the corporate
sea( of said carporation.
Notary Public in and far the State af
Natary(Print)
My appointment expires:
Dated:
DEED OF TRUST-Page 6
REQUEST F�R FUCI RECONVEYANCE-Do nat record. To be used anly when note has been
paid.
TiJ: TRUSTEE
The undersigned is the legal owner and holder of the nate 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 yau are hereby requested 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 af
Trust delivered to you herewith, tagether with the said Deed af Trust, and to recanvey,
without warranty, to the parties designated by the terms of said Deed o#Trust, all the estate
now held by you thereunder.
Dated:
DEED QF TRU5T-Page 7
EXHIBIT A
LEGAL DESCRIPTION
Rea( property in the Caunty of King, State of Washington, described as follows:
L07511 AND 12, BLOCK 25,TOWN OF RENTON,ACCORDING T(J TNE PLAT THEREOF
RECORDED IN VQLUME 1 OF PLAT5, PAGE 135, RECORDS OF KING COUNTY,WA5HINGTON;
EXCEPT THE WEST 5 FEET THEREOF CONVEYED TO THE TOWN OF RENTON FOR ALLEY, BY
DEED RECCIRdED UNDER RECORDING NUMBER 4332679.
EXHIBIT B
FA�ADE IMPROVEMENT AGREEMENT
EXHIBIT E
ARCHITECTURAL DRAWINGS
ARCHITECTURAL DRAWINGS ARE ON FILE WITH THE CITY OF RENTON,FILE NO.CAG-15-220,
FA�ADE IMPROVEMENT AGREEMENT,DATED NOVEMBER 15,2015
EXHIBIT F
HUD LETTER
9QP��ENTpFyOG� U.S.Department a#Hcusing and Urban Devetcpmerst
� �� * � Seattle Regionat Office
} Seattle Federal Clffice Buiiding
�� ! a�w Office of Community Planning&Development
pe4N OEV��'�4 909 Frst Avenue,Suite 300
Seattie,WA 98iO4-1000
www.hnd.goviwashing#an.html
August 14i GVl�
Mr.Mark Ellerbrook
Manager,Regional Hausing&Cammunity Development
King County
4015th Avenue,Suike 510
Seattle,WA 981Q4-2377
Dear Mr. Ellerbraok:
SUBJECT: Authority ta Use Grant Funds for Rentan Cartana Building Farade
Impravements
We have received the Request for Release af Funds and Certification submitted
with your signature on July 29,2015. The activity listed on the enclosed Authority to
Use Grants Funds (HiJD Form 7015.16)has received satisfactory environmental
clearance.
Enclosed is an Authority to Use Grant Funds for activities requiring a release of
funds by HLTD under the Environmental Review Procedures at 24 CFR Part 58. You are
hereby authorized to incur costs for the activity listed abave and on the enclosed form as
of August 14,2015,provided there are no other conditions that must be removed or
cleared.
If yau have any questivns please call Cristina Yamamoto at(206} 220-5367.
' Sincerely,
{,t'�►����
Jahn W. Peters
Directar
i�ffice of Community Planning
and Development
Enclosure
AU�Ii4Cl�f#t} US� U.S.Qegartment o#Houstng and tlr6an Lievelapment
��,a�# F���� Office of Cornmunity Planning&Development
ZO:(name 8 address of Grant Recipient&name 8 title of Chief Eacecutive Copy To:(narne 8 address of SubRecipient or Secondary Contact)
O�car}
Mark Eilerbrook, Manager
�c��,g c��R�y
401 5th Avenue,Suite 510
Seattle,WA 98104-2377
V1Ie received your Request far Reiease of Funds and Certificatian,form ( August i4,2015
HUD-�Oi5.15 an
Yaur Request was for NUDCState Iden#ificatian Number + 8-74-UC-53_pOpt
f
AI1 objectians,if received,tsave been considered.And the r-�inimum waiting period has#ranspired.
Yau are here�y authorized to use funds provided to you under the above HllDiS#ate Identification Number.
File this form for proper r2cord keeping,audit,and inspection purposes.
Praiec#lActivitu: ftenton Cortoaa 6uilding Fa�ade Emprovet�ents
(mproving e�eriar facades and other structural repairs.
The estima#ed cost of the CQBG work is�244,040.00.
l.ocatian.
724 S.3rd Street Renton WA 98057
.
Typed Narne a1 Authorizing Signat�re of Au#harizing C7f#icer EHecdve Ralease Date:
Officer:
John W.Peters
Director, �� �, August 14,2015
flffce of Cornmunity
Pianninn and Development
Action Number: 673 form HUO-70i5.�e{2tsa>
ref.Handbook 8513.0
EXHIBIT G
LOAN REIMBURSEMENT REQUEST FORM.
EXNIBIT G
LOAN REIMBURSEMENT REQUEST FORM
City o`Ren�on
1055 5 Grady Way
Attn:John Collum,6tn Floor Check if Final Invoice�
Renton,�VA 98057
Projec[Name
� R2questor(Payable to) � DUNS
IName I CCR/CAGE#
(Address I CCR Expiration
II Request Num6er
IPhone � Invoice Period
Developer
Portion This City Portion City Portion City Portion
Total Original Totai Revised ToYal This Request This R2quest Cumulative Remaining
6udget Line It2m Budget Budget Request (SO%) (50%) to Date Balance
I I I I I I I i I
i I I I I I i I �
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I I I I f I I I �
I I l � I I i I i
I i i l_ L_ I I I I
I I I I I I I I �
I I I I I I I I I
I I I i I I I I I
I I I I I I I i I
I i i I I I I I I
I I I I I I I I I
I I I I I I I I I
I I I I I I I I I
I I I I I I I I �
i I I I I I I I I
Totatl I I I I I I I
I, the undersigned, do hereby certify under penalty of perjury, that this is a true and correct ciaim for CDBG
eligible costs incurred in compliance with appiica6le environmental mitigation measures. I understand that any
false claims,statements,documents,or concealment of materiai fact may be prosecuted under applicable Federal
and State laws. This certification includes any attachments which serve as supporting documentation to this
request.
Authorized Signature Date
�Davis-Bacon Law-if applicahle,HCD Davis-Bacon Officer's signature is required. �
Isthisafederailyfundedprojec[in I Yes ( No I Ifyes,eFf;formmust6esigned'oyHCDDavis-BaconOffice� �
which Davis Bacon is applicable? ❑ ['j
�Funding Sources: i
I Source I PRO � ORG I EXP I TAS ' AWA � Budget I Invoice Total I YTD Amount I Balance �
� � � � � � � � � � �
� Total� � � (
IHCD Program/Project ManagerApprovai for Payment IDate I
�