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R-2005-053 Yakima County SIED Grant & Loan Application
RESOLUTION NO. R-2005- 53 A RESOLUTION authorizing the City Manager to execute and submit grant and loan application with Yakima County for funding from the Yakima County Supporting Investments in Economic Development (SIED) Fund for infrastructure improvements necessary for the North 6th Avenue — Jeld Wen Expansion project. WHEREAS, Yakima County has established the Supporting Investments in Economic Diversification (SIED) fund to assist the growth of business in the County; and WHEREAS, economic development is a priority for the City of Yakima, and the City intends to approach economic development on an inclusive, comprehensive basis which involves public, private and community-based efforts to achieve new investment and redevelopment in the City; and WHEREAS, Jeld Wen Corporation currently employs 179 people in its Yakima manufacturing facility; and WHEREAS, Jeld Wen needs to build a new, larger manufacturing facility in Yakima to accommodate its present and future production; and WHEREAS, Jeld Wen's will invest approximately $6,250,000 for the new facility and create over 35 to 45 new jobs; WHEREAS, in order to develop a new manufacturing facility, Jeld Wen needs to provide infrastructure improvements estimated to cost $260,294.32; and WHEREAS, funding (through a grant/loan) may be available from Yakima County through the SIED Fund for infrastructure improvements; and WHEREAS, Jeld Wen has requested that the City submit a grant/loan application with Yakima County to fund $200,000 of the infrastructure improvements from the SIED Fund; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize submittal of a grant/loan application with Yakima County for funding of said infrastructure improvements from the SIED Fund, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: .• The City Manager is hereby authorized and directed authorizing the City Manager to execute and submit grant and loan application with Yakima County for funding from the Yakima County Supporting Investments in Economic Development (SIED) Fund for infrastructure improvements necessary for the North 6th Avenue — Jeld Wen Expansion Project in the amount of $200,000.00. The City Manager is hereby designated as the official representative of the City to act in connection with that funding application and is authorized to take such additional actions as may be necessary and prudent to complete the application process. ADOPTED BY THE CITY COUNCIL this 5th day of April, 2005. ATTEST: City Clerk 04/22/05 SIED CONTRACT NO. YC -JW -05 YAKIMA COUNTY and CITY OF YAKIMA (Jeld-Wen Corporation) I PARTIES This Contract is made by and between Yakima County (hereinafter referred to as the County) whose address is 128 North Second Street, County Courthouse, Room 102, Yakima, Washington 98901, and the City of Yakima (hereinafter referred to as the City) whose address is 129 North 2nd Street, Yakima, Washington 98901. Notices between the parties shall be made where and as provided for on Page 8, Section XXII, NOTICES. II TERM This Contract takes effect upon execution hereof by the authorized representatives of both parties and continues in effect until all payments required under Section V, MUTUAL CONSIDERATION, Subsection B. REPAYMENT OF COUNTY LOAN, have been made or until terminated as provided for in Section VIII, SUSPENSION, TERMINATION, AND CLOSEOUT, provided, the County's right under Section V, MUTUAL CONSIDERATION, Subsection D. OWNERSHIP AND USE, to use the Project shall continue so long as the Project remains in use. III PURPOSE The purpose of this Contract is to provide for the construction of certain infrastructure improvements (hereinafter referred to as the Project) using certain County funds designated for such infrastructure. The Project shall consist of improvements to North 6th Avenue between Fruitvale and River Road, including a 30 -foot wide roadway, five-foot wide sidewalks, curb and gutters, illumination and storm drainage improvements, fire hydrants and driveway approaches. The Project will promote economic development by improving access to industrial and commercial properties along North Sixth Avenue. IV RECITALS The Parties make this Contract based on and in recognition of certain relevant facts and circumstances including: A. Sales and use taxes are collected in and for the County under authority of RCW 82.14.370 and Yakima County Code 3.10.010 for the purpose of financing public facilities in the County, and the proceeds are deposited in the Yakima County Infrastructure Fund (also referred to as SIED Fund), according to YCC 3.10.040. Filed Page 1 of 9 Contract No. YC -JW -05 04/22/05 B. The City proposes to construct the Project with a combination of City, private, and County funds, including $200,000.00 from the SIED Fund, $100,000.00 to be in the form of a loan and $100,000.00 to be in the form of a grant, and thereafter to own and operate the Project for the benefit of the City and the County. C. RCW 82.14.370 was adopted to serve the goals of promoting business in rural distressed areas, providing family wage jobs and the development of communities of excellence in such areas, and the parties expect the Project to further these goals. D. RCW 43.160 and 43.160.020 adopted and amended for related purposes with those of RCW 82.14.370, define public facilities to include various buildings, structures and works, such as the Project. E. The County, under authority of RCW 36.01.085, and by agreement of February 19, 1999, has engaged the Yakima County Development Association, also known as New Vision, to provide administrative and technical assistance in furtherance of the County's economic development. F. The County has also created the SIED Board to review applications for grants from the SIED Fund and make recommendations for SIED Fund investments based on commitment of other funds, potential for resulting job creation, and other factors. G. New Vision has investigated the Project and assisted in preparing the pending application for SIED funds, and the SIED Board has reviewed the application for SIED funds and has recommended approval. H. The SIED Fund balance is sufficient to make the requested contribution to the Project. I. RCW 39.34 authorizes interlocal agreements whereby municipal governments may jointly exercise the powers granted to each. V MUTUAL CONSIDERATION A. COUNTY LOAN—The County shall loan One Hundred Thousand Dollars and Zero Cents ($100,000.00) for the Project described herein. This loan amount shall be by County warrant drawn on the SIED Fund and payable to the City immediately upon approval of this agreement by Board of County Commissioners following signatures from the City. B. REPAYMENT OF COUNTY LOAN—The City shall repay the County's loan of One Hundred Thousand Dollars and Zero Cents ($100,000.00) with interest on unpaid principal, at an annual per annum rate of -1'1 %, which is the Yakima County Interfund Loan Rate on the date this Contract is approved by the County. Interest shall accrue from the date this contract is approved by the County. Filed Page 2 of 9 Contract No. YC -JW -05 04/22/05 Repayment shall be made by the City in five equal annual installments (including principal and interest) payable on June 1, 2006, and annually thereafter on June 1 of each year, with the final payment nevertheless due on June 1, 2010; Provided, however, that the final installment may be in such greater or lesser amount as shall be required for full amortization of the repayment amount. These payments shall be by check payable to Yakima County Infrastructure Fund and delivered to Yakima County Treasurer, Yakima County Courthouse, Room 115, 128 North 2nd Street, Yakima, WA 98901. The City obligation hereunder shall be a limited general obligation of the City, payable from any legally available source of funds. Exhibit A attached hereto and incorporated herein reflects the Debt Service Schedule as noted. The loan is not subject to redemption prior to maturity (final date of repayment schedule). In the event of payment by the City of any one or more installments, or of the entire loan balance, before the date prescribed in Exhibit A, interest shall accrue on such installment(s) or balance until, but not beyond, the June 1 next succeeding the date of such payment(s). C. COUNTY GRANT—The County shall grant One Hundred Thousand Dollars and Zero Cents ($100,000.00) to the City for the Project described herein. This grant shall be by County warrant drawn on the SIED Fund and payable to the City within thirty (30) days of the County's receipt of a signed copy of the Project engineer's certificate that 50% of the work on the Project has been completed and the City's invoice for said grant. D. OWNERSHIP AND USE—The City shall construct, own, maintain, and operate the Project as a part of its public infrastructure for economic development, available for use by manufacturing and industrial concerns proximate to the Project. The City shall also permit the use of the Project by the County and its departments on like terms with other users, at such time as the Board of Yakima County Commissioners may deem expedient. For purposes of this paragraph, ownership, maintenance, and operation of the Project or any portion thereof by another municipality, under any conveyance or dedication which is subject to and preserves the County's right of use, shall be deemed ownership, maintenance, and operation by the City. VI RECORDS, REPORTS AND AUDITS The City agrees to maintain such records, make such reports and follow such procedures as may be required by the County, pertaining to this Contract. All records pertaining to this Contract and to work undertaken hereunder shall be retained by the City for a period of three years after final audit unless a longer period is required to resolve audit findings or litigation. The County and other authorized representatives of the State and Federal government shall have access to any books, documents, papers, and records of the City which pertain to this Contract or work undertaken hereunder for the purpose of making audit, examination, excerpts, and transcriptions. Filed Page 3 of 9 Contract No. YC -JW -05 04/22/05 VII RELATIONSHIP OF PARTIES AND AGENTS The relationship of the City to the County, with regard to construction of the Project, shall be that of an independent contractor rendering professional services. The City shall have no authority to execute contracts or to make commitments on behalf of the County and nothing contained herein shall be deemed to create the relationship of employer and employee or principal and agent between the County and the City. The City represents that it has or will secure at its own expense all personnel, contractors, and/or subcontractors required in order to perform work under this Contract. Such personnel shall not be employees of the County. All such personnel, contractors, and/or subcontractors shall be fully qualified and authorized/permitted under State and/or local law to perform such services. All services required hereunder will be performed by the City or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State or local law to perform such services. VIII SUSPENSION, TERMINATION, AND CLOSEOUT If the City fails to comply with the terms and conditions of this Contract, the County may pursue such remedies as are legally available, including, but not limited to, the suspension or termination of this Contract in the manner specified herein: A. SUSPENSION—If the City fails to comply with terms and conditions of this Contract, or whenever the City is unable to substantiate full compliance with provisions of this Contract, the County may suspend this Contract pending corrective action or investigation, effective not less than seven days following written notification to the City or its authorized representative. The suspension will remain in full force and effect until the City has taken corrective action to the satisfaction of the County and is able to substantiate its full compliance with the terms and conditions of this Contract. No obligations incurred by the City or its authorized representative during the period of suspension will be allowable under this Contract, except: 1. Reasonable, proper, and otherwise allowable costs which the City could not avoid during the period of suspension; 2. Otherwise allowable costs incurred during the period of suspension, if upon investigation, the County is satisfied of the City's compliance with the terms and conditions of this Contract to the extent of the compensation claimed by the City. Filed Page 4 of 9 Contract No. YC -JW -05 04/22/05 B. TERMINATION FOR CAUSE—If the City fails to comply with the terms and conditions of this Contract and any of the following conditions exist: 1. The lack of compliance with the provisions of this Contract were of such scope and nature that the County deems continuation of this Contract to be substantially detrimental to the interests of the County; 2. The City has failed to take satisfactory action as directed by the County or its authorized representative within the time period specified by same; 3. The City has failed within the time specified by the County or its authorized representative to satisfactorily substantiate its compliance with the terms and conditions of this Contract; then, The County may terminate this Contract in whole or in part, and thereupon shall notify the City of termination, the reasons therefore, and the effective date, provided such effective date shall not be prior to notification of the City. After this effective date, no charges incurred under any terminated portions outlined in the application for funding are allowable. C. TERMINATION FOR OTHER GROUNDS—This Contract may also be terminated in whole or in part by mutual consent and written agreement setting forth the conditions of termination, including effective date and, in case of termination in part, that portion to be terminated. IX COPYRIGHT RESTRICTION No report, maps, or other documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the City. X COMPLIANCE WITH LAWS The County and the City shall comply with all applicable laws, ordinances, and codes of the Federal, State and local governments with regard to the performance of this Contract. XI TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, creed, religion, sex, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. XII SECTION 109—HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 No person in the United States shall on the grounds of race, color, creed, religion, sex, or national origin be excluded from participation in, be denied benefits of, or be subjected to Filed Page 5 of 9 Contract No. YC -JW -05 04/22/05 discrimination under any program or activity funded in whole or in part with funds made available under this title. XIII AGE DISCRIMINATION ACT OF 1975 (As Amended) No person shall be excluded from participation, denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving Federal funding assistance. (42 U.S.C. 610 et. seq.) XIV SECTION 504 OF THE REHABILITATION ACT OF 1973 (As Amended) No otherwise qualified individual shall, solely by reason of his or her handicap, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving Federal funds (29 U.S.C. 794). XV INTEREST OF MEMBERS OF THE COUNTY AND THE CITY No member of the governing body of either party and no other officer, employee, or agent of either party who exercises any functions or responsibilities in connection with the planning or carrying out of the Project shall have any personal financial interest, direct or indirect, in this Contract. XVI HOLD HARMLESS AND INDEMNITY The City shall indemnify and hold harmless the County, its officers, agents, and employees, from all liability, loss or damage, including costs of defense they may suffer as a result of claims, demands, actions costs, or judgments which result from the activities to be performed by the City, its agents, employees, or subcontractors pursuant to this Contract. XVII PUBLIC LIABILITY The City or its contractor(s) shall maintain for the duration of work under this Contract, issued on an occurrence basis, comprehensive liability insurance with a combined single limit of not less than one million dollars ($1,000,000) from a company authorized to provide insurance in the State of Washington. Said policies shall provide that the policy shall not be canceled or altered by any party without written notice to Yakima County, delivered not less than thirty (30) days prior to such cancellation or alteration. Applicant certifies that comprehensive liability insurance with a combined single limit of not less than $1,000,000.00 is in effect. XVIII ASSIGNABILITY The City shall not assign any interest in this Contract and shall not transfer any interest in this Contract (whether by assignment or novation) without prior written consent of the County thereto, provided, however, that claims for money by the City from the County under this Contract may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the County by the City. Filed Page 6 of 9 Contract No. YC -JW -05 04/22/05 XIX NON -WAIVER The failure of either party to insist upon strict performance of any provision of this Contract or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this Contract. XX CONTRACT MODIFICATIONS It is mutually agreed and understood that no modification or waiver of any clause or condition of this Contract is binding upon either party unless such modification or waiver is in writing and executed by the County and the City. XXI SEVERABILITY If any portion of this Contract is changed per mutual contract or any portion is held invalid, the remainder of this Contract shall remain in full force and effect. XXII NOTICES Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand - delivered to the parties to their addresses as follows: TO CITY: Bill Cook, Director of Community & Economic Development City of Yakima 129 North 2nd Street Yakima, WA 98901 TO COUNTY: Steve Hill, Director Yakima County Departments of Community Services & Grant Management 128 North Second Street, Room 102 Yakima, WA 98901 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand -delivered. Such notices shall be deemed effective when mailed or hand -delivered at the addresses specified above. XXIII INTEGRATION This Contract contains all terms and conditions agreed to by the County and the City. There are no other oral or written agreements between the City and County as to the subjects contained herein. No changes or additions to this Contract shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. Filed Page 7 of 9 Contract No. YC -JW -05 04/22/05 XXIV GOVERNING LAW AND VENUE All questions of the validity, construction, and application of this Contract shall be governed by the laws of the State of Washington. Venue for any suit between the parties arising out of this Contract shall be the Superior Court of Yakima County, Washington. XXV FILING Upon execution by the authorized representatives of the parties, a copy of this Contract shall be promptly filed with the Yakima County Auditor pursuant to RCW 39.34.040. * * * * * * * * * * * * * * * Filed Page 8 of 9 Contract No. YC -JW -05 04/22/05 IN WITNESS WHEREOF, the County and the City have executed this Contract as of the date and year last written below. CITY OF YAKIMA Richard A. Zais, ity Manager BOARD OF COUNTY COMMISSIONERS Approved as to Form: Excused Ray Paolella, City Attorney Attest: Ronald F. Gamaclie, Chairman esse S. Palacios, Commissioner Michael D. Leita, Commissioner Approved as to Form: Karen Roberts, City Clerk Date Filed CITY CONTRAC r NO:,e71,441-5— RESOLUTION NO: K ,2iS `53 /4 G '' Staffan, Deputy Prosecuting Attorney ,00ti,eot;,iy,l, o� O,KI.... 0hi��'i ) OF WAshjC� .. o� C) NTRACT AUTHORIZATION .c�� m:6- ;o��: C` S Attest: andra J. Acosta, D Date Page 9 of 9 Clerk of the Board Contract No. YC -JW -05 Dated- 5/24/2005 Delivered: 5/24/2005 Variable Rate Transactions SIED Loan - City of Yakzma Jeld - Wen Corporation SIA 30/360 YRLY7/6 1 Coupon Int Calc Principal Effective Interest Credit Periodic Outstanding Period Date Day Cnts Payment Coupon Rate Payment Enhancements Debt Service Balance 2 6/1/2006 367/360 18,210 75 4.50000 4,587.50 22,798.25 81,789.25 3 6/1/2007 360/360 19,11773 4.50000 3,680.52 22,798.25 62,671.52 4 6/1/2008 360/360 19,978.03 4.50000 2,820.22 22,798.25 42,693 49 5 6/1/2009 360/360 20,877.04 4.50000 1,921.21 22,798.25 21,816.45 6 6/1/2010 360/360 21,816.45 4.50000 98174 22,798.19 0.00 $100,000.00 $13,991.19 $0.00 $113,991.19 True Interest Cost (TIC) ... 4.5000000 Face Value of Bond Issue. $100,000.00 Arbitrage Yield Limit (AYL) 0.0000000 Accrued Interest (+) .. $0.00 Average Life. 3.1091515 Original Issue Premium/Discount (+) $0.00 Underwriter Discount (+) $0.00 Lump -sum credit enhancements (-) $0.00 Prepared by: YAKIMA COUNTYTREASUR .IVIUNIDB Prepared on: 6/2/2005 14:50 11.95 Rpt 01j YC J1V-05-2005 A MASTER DEVELOPMENT AGREEMENT PARTIES: JELD-WEN: JELD-WEN, inc., an Oregon corporation; CITY OF YAKIMA: City of Yakima, a Washington municipal corporation. MASTER GRANT & TERM LOAN AGREEMENT dated as of August 71 , 2005, between Jeld-Wen and the City of Yakima. The parties hereto hereby agree as follows: BACKGROUND. Jeld-Wen is the owner of certain real property within the city limits of the City of Yakima upon which Jeld-Wen is constructing a new manufacturing plant that will significantly increase incoming and outgoing heavy truck traffic along North 6th Avenue. The improvements include the construction of a 30' wide roadway, with curb and gutter, 5' sidewalk on east side, 12" diameter storm drain and related storm drain improvements, adjustment of existing utilities, driveway approaches, streetlights, fire hydrant relocation, and items and materials related to the improvements. Without these improvements, the increased truck traffic will exceed the current roadway capacity and will further deteriorate the surface to the point of failure. Heavy truck traffic will also pose increased risk to pedestrians and bicyclists who frequent the road, and this risk will be mitigated by the new sidewalk and lighting. The City of Yakima's development standards require that new construction projects of this size mitigate their impact on transportation infrastructure by investing in improvements. The City of Yakima will grant to Jeld-Wen under this Agreement, funds up to One Hundred Thousand Dollars ($100,000.00), to the extent such funds are made Term Loan Agreement 1. available to the City from Yakima County under the County's Supporting Investments in Economic Development Program. Jeld-Wen shall invest One Hundred Sixty Thousand Two Hundred Ninety -Five Dollars ($160,295.00) to the project as contemplated by the Whitcher Report and as required by the SIED program. Jeld-Wen shall reimburse the City of Yakima the sum of Four Thousand Five Hundred Eighty Seven and 50/100 dollars ($4,587.50) for accrued interest under the City of Yakima -Yakima County SIED program. Jeld-Wen has indicated that the Facility Expansion Project will likely increase the approximate employment at the Yakima Facility by 43 FTE, within three (3) years of the projects's completion. It is expected that the new employees will receive a higher wage than the average wage in the Yakima Renewal Community. Article I AMOUNT AND TERMS OF THE DEVELOPMENT AGREEMENT Section 2.01. Grant Terms. The City of Yakima agrees on the terms and conditions hereinafter set forth, to make a Grant (the "Grant") to Jeld-Wen on the date of this Agreement in the principal amount of not more than One -Hundred Thousand and no/100 Dollars ($100,000.00). The Parties agree that said funds shall be used solely in contemplation of the development and completion of the Public Works Project detailed in the Whitcher Report attached hereto as Exhibit 1 (the "Project"). Section 2.02. Jeld-Wen's Contribution. Jeld-Wen shall contribute One Hundred Sixty Thousand Two Hundred Ninety -Five and no/100 Dollars ($160,295.00) to the Project no later than August 15, 2005 (the "JELD-WEN Contribution"). Jeld- Wen shall deliver said funds to the City of Yakima to be combined with Grant funds to be used in accordance with this Agreement to complete the Project. The City of Yakima and Jeld-Wen shall work cooperatively and in good faith to insure that the Project is completed in a timely manner. Jeld-Wen understands that the City of Yakima shall have control over the expenditures of said funds in accordance with this Agreement. Section 2.03. Reimbursement. Jeld-Wen hereby agrees to reimburse the City of Yakima Four Thousand Five Hundred Eighty Seven and 50/100 Dollars ($4,587.50) for payment of the accrued interest under the SIED program on the date of signing of this Agreement, but no later than August 15, 2005 (the "Reimbursement"). Term Loan Agreement 2. Section 2.04. Method of Payment. Jeld-Wen shall make the JELD-WEN Contribution and Reimbursement under this Agreement on the date when due in lawful money of the United States to the City of Yakima at its Principal Office in immediately available funds. Section 2.05. Use of Proceeds. The proceeds of the Grant and Jeld-Wen Contribution hereunder shall be used by Jeld-Wen and the City of Yakima in the construction of the North 6th Avenue improvements specified in the Project including, but not limited to, the Project requirements as provided for under the approved plans and specifications of the Project (Attached hereto as the Whitcher Report). Jeld- Wen and the City will not, directly or indirectly, use any part of such proceeds for any purpose not consistent with said Project. Jeld-Wen understands and agrees that the Grant & Jeld-Wen Contribution shall be held in a specially marked account under the direction and control of the City of Yakima, Public Works Department and will be disbursed as necessary and required to the contractor(s) on the Project. Article III CONDITIONS PRECEDENT Section 3.01. Condition Precedent to the Grant. The obligation of the City of Yakima to make the Grant to Jeld-Wen is subject to the conditions precedent that the City of Yakima shall have received on or before the day of such Loan each of the following, in form and substance satisfactory to the City of Yakima and its counsel: (1) Agreement. The Agreement herein duly executed by Jeld-Wen; (2) Evidence of authorization for all action by Jeld-Wen. Copies of all authorizations by the necessary parties of Jeld-Wen authorizing the action taken by Jeld-Wen, including resolutions authorizing the execution, delivery, and performance of this Agreement to which it is a party and each other document and funds to be delivered pursuant to this Agreement; (3) Incumbency and signature certificate of Jeld-Wen. A certificate (dated as of the date of this Agreement) of the Secretary of Jeld-Wen certifying the names and true signatures of all members ofJeld-Wen and of all officers authorized to sign the Loan Documents to which it is a party and each other documents to be delivered by Jeld-Wen under this Agreement; Term Loan Agreement 3. (4) Additional documentation. The City of Yakima shall have received such other approvals, opinions, or documents as the City of Yakima may reasonably request. Section 3.02. Condition Precedent to the Reimbursement. The obligation of JELD-WEN to make the Reimbursement to the City of Yakima is subject to the conditions precedent that the City of Yakima shall have received on or before the day of the Grant each of the following, in form and substance satisfactory to the City of Yakima and its counsel: Article IV REPRESENTATIONS AND WARRANTIES Jeld-Wen represents and warrants to the City of Yakima that: Section 4.01. Formation, Good Standing, and Due Qualification. Jeld- Wen is a Corporation duly formed under the Laws of the State of Oregon, validly existing, and in good standing under the laws of the State of Washington; has the power and authority to own its assets and to transact the business in which it is now engaged or proposed to be engaged in. Section 4.02. Power and Authority. The execution, delivery, and performance by Jeld-Wen of this Agreement have been duly authorized by all necessary company action. Section 4.03. Legally Enforceable Agreement. This Agreement is a legally valid, and binding Agreement between the City of Yakima and Jeld-Wen and is enforceable against Jeld-Wen and the City of Yakima in accordance with the respective terms, except to the extent that such enforcement may be limited by applicable bankruptcy, insolvency, and other similar laws affecting creditors' rights generally. Section 4.04. Litigation. There is no pending or threatened action or proceeding against or affecting Jeld-Wen before any court, governmental agency, or arbitrator, which may, in any one case or in the aggregate, materially adversely affect the financial condition, operations, properties, or business ofJeld-Wen or the ability of Jeld-Wen to perform its obligation under the Loan Documents to which it is a party. Section 4.05. Environment. Jeld-Wen has duly complied with, and their businesses, operations, assets, equipment, property, leaseholds, or other facilities are Term Loan Agreement 4. in compliance with, the provisions of all federal, state, and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations promulgated thereunder. Jeld-Wen has not received notice of, nor knows of, or suspects, facts which might constitute any violations of any federal, state, or local environmental, health, or safety laws, codes or ordinances, and any rules or regulations promulgated thereunder with respect to its businesses, operations, assets, equipment, property, leaseholds, or other facilities. Jeld-Wen does not have any indebtedness, obligation, or liability, absolute or contingent, matured or not matured, with respect to the storage, treatment, cleanup, or disposal of any solid wastes, hazardous wastes, or other toxic or hazardous substances (including without limitation any such indebtedness, obligation, or liability with respect to any current regulation, law, or statute regarding such storage, treatment, cleanup, or disposal) which is not disclosed herein: Article V AFFIRMATIVE COVENANTS So long as the Public Works Project remains to be completed, Jeld-Wen will: Section 5.01. Maintenance of Existence. Preserve and maintain its company existence and good standing in the jurisdiction of its formation. Section 5.02. Maintenance of Records. Keep adequate records and books of account reflecting all financial transactions of Jeld-Wen. Section 5.03. Maintenance of Properties. Maintain, keep, and preserve all of its properties (tangible and intangible) necessary or useful in the proper conduct of its business in good working order and condition, ordinary wear and tear excepted. Section 5.04. Conduct of Business. Continue to engage in an efficient and economical manner in a business of the same general type as now conducted by it on the date of this Agreement. Term Loan Agreement 5. Section 5.05. Compliance With Laws. Comply in all respects with all applicable laws, rules, regulations, and orders, such compliance to include, without limitation, paying before the same become delinquent all taxes, assessments, and governmental charges imposed upon it or upon its property. Section 5.06. Environment. Be and remain in compliance with the provisions of all federal, state, and local environmental, health, and safety laws, codes and ordinances, and all rules and regulations issued thereunder; notify the City of Yakima immediately of any notice of a hazardous discharge or environmental complaint received from any governmental agency or any other party; notify the City of Yakima immediately of any hazardous discharge from or affecting its premises; immediately contain and remove the same, in compliance with all applicable laws; promptly pay any fine or penalty assessed in connection therewith; permit the City of Yakima to inspect the premises, to conduct tests thereon, and to inspect all books, correspondence, and records pertaining thereto; and at the City of Yakima's request, and at Jeld-Wen's expense, provide a report of a qualified environmental engineer, satisfactory in scope, form, and content to the City of Yakima, and such other and further assurances reasonably satisfactory to the City of Yakima that the condition has been corrected. Article VI EVENTS OF DEFAULT Section 7.01. Events of Default. If any of the following events shall occur: (1) Jeld-Wen should fail to pay the contribution amount or the reimbursement amount as required herein, or any fee, as and when due and payable; (2) Any representation or warranty made or deemed made by Jeld-Wen in this Agreement, shall prove to have been incorrect, incomplete, or misleading in any material respect on or as of the date made or deemed made; (3) Jeld-Wen shall fail to perform or observe any term, covenant, or agreement contained in Articles I through VI, or VII hereof; (4) The City of Yakima otherwise deems itself insecure. Section 7.02. Remedies Upon Default. Upon the occurrence of any event of default, the City of Yakima may, by notice to Jeld-Wen, declare this Agreement and all other amounts payable under this Agreement to be forthwith due and payable, whereupon the Jeld-Wen Contribution or Reimbursement amounts shall become and be forthwith due and payable, without Term Loan Agreement 6. presentment, demand, protest, or further notice of any kind, all of which are hereby expressly waived by Jeld-Wen. Upon the occurrence and during the continuance of any Event of Default, the City of Yakima is hereby authorized at any time and from time to time, without notice to Jeld-Wen except as required by Washington law, to seek collection of any sums due and owing under this Agreement, and then to immediately set off and apply any and all such funds against any and all of the obligations of Jeld-Wen now or hereafter existing under this Agreement irrespective of whether or not the City of Yakima shall have made any demand under this Agreement although such obligations may be unmatured. The City of Yakima agrees promptly to notify Jeld-Wen after any such setoff and application, provided that the failure to give such notice shall not affect the validity of such setoff and application. The rights of the City of Yakima under this Section 7.02 are in addition to other rights and remedies (including, without limitation, other rights of setoff) which the City of Yakima may have. Article VIII MISCELLANEOUS Section 8.01. Amendments, Etc. No amendment, modification, termination, or waiver of any provision of this Agreement to which Jeld-Wen is a party, nor consent to any departure by Jeld-Wen from any provision of this Agreement to which it is a party, shall in any event be effective unless the same shall be in writing and signed by the City of Yakima, and then such waiver or consent shall be effective only in specific instance and for the specific purpose for which given. Section 8.02. Notices, Etc. All notices and other communications provided for under this Agreement and under the other Loan Documents to which Jeld-Wen is a party shall be in writing (including telegraphic, telex, and facsimile transmissions) and mailed or transmitted or delivered, if to Jeld-Wen, at its address at: Attention: Jeld-Wen, inc. 3250 Lakeport Blvd. Klamath Falls, OR 97601 Attn: Real Estate Manager Term Loan Agreement 7. and if to the City of Yakima, at its address at: 129 North Second Street Yakima, Washington 98901 Attention: William R. Cook; or, as to each party, at such other address as shall be designated by such party in a written notice to the other party complying as to delivery with the terms of this Section 8.02. Except as otherwise provided in this Agreement, all such notices and communications shall be effective when deposited in the mails or delivered to the telegraph company, or sent, answer back received, respectively, addressed as aforesaid, except that notices to the City of Yakima pursuant to the provisions of Article II shall not be effective until received by the City of Yakima. Section 8.03. No Waiver. No failure or delay on the part of the City of Yakima in exercising any right, power, or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy hereunder. The rights and remedies provided herein are cumulative, and are not exclusive of any other rights, powers, privileges, or remedies, now or hereafter existing, at law or in equity or otherwise. Section 8.04. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of Jeld-Wen and the City of Yakima and their respective successors and assigns, except that Jeld-Wen may not assign or transfer any of its rights under this Agreement to which Jeld-Wen is a party without the prior written consent of the City of Yakima. Section 8.05. Integration. This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes all oral statements and prior writings with respect thereto. Section 8.06. Indemnity. Jeld-Wen hereby agrees to defend, indemnify, and hold the City of Yakima harmless from and against any and all claims, damages, judgments, penalties, costs, and expenses (including attorney fees and court costs now or hereafter arising from the aforesaid enforcement of this clause) arising directly or indirectly from the activities of Jeld-Wen, its predecessors in interest, or third parties with whom it has a contractual relationship, or arising directly or indirectly from the Term Loan Agreement 8. violation of any environmental protection, health, or safety law, whether such claims are asserted by any governmental agency or any other person. This indemnity shall survive termination of this Agreement. Section 8.07. Governing Law & Venue. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Washington. Venue shall be in the Yakima County Superior Court. Section 8.08. Severability of Provisions. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction. Section 8.09. Headings. Article and Section headings in this Agreement are included in this Agreement for the convenience of reference only and shall not constitute a part ofthis Agreement for any other purpose. Section 8.10. Attorney Fees. In the event legal action is instituted to determine the rights and duties of the parties hereunder in any state or federal court, including bankruptcy court, the substantially prevailing party in any court action shall be awarded, its reasonable attorney's fees, costs and expenses in pursuing such action in any state or federal court and enforcing such rights and duties determined thereby. Section 8.11. Jury Trial Waiver. THE CITY OF YAKIMA AND JELD-WEN HEREBY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING, CLAIM, OR COUNTERCLAIM, WHETHER IN CONTRACT OR TORT, AT LAW OR IN EQUITY, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE LOAN DOCUMENTS. NO OFFICER OF THE CITY OF YAKIMA HAS AUTHORITY TO WAIVE, CONDITION, OR MODIFY THIS PROVISION. DISCLOSURE ORAL AGREEMENTS OR COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. Term Loan Agreement 9. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective officers thereunto duly authorized, as of the date first above written. JELD-WEN INC., an Oregon Corporation By: ATTEST: City of Yakima 129 North Second Street Yakima, WA 98901 -,i•- )Care.ti S le, , City Clerk X: \CITY OF YAHIMA-20009\JELD-WEN\Master Grant & Dev Agreement 071205.doc Term Loan Agreement 10. R. A. Zais, Jr., City Manager aoDS to CITY CONTRACT N0: - RESOLUTION NO: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. q 4t - For- For Meeting Of: April 5, 2005 ITEM TITLE: Consideration of a resolution authorizing the City Manager to execute and submit a grant/loan application to the Yakima County Supporting Investments in Economic Diversification (SIED) fund for the North 6th Avenue — Jeld Wen Expansion Project. SUBMITTED BY: Bill Cook, Director of Community and Economic Development CONTACT: Bill Cook, 575-6113 SUMMARY EXPLANATION: Jeld Wen Corporation has decided to expand its Yakima door and window manufacturing operations by relocating its facility to its North 6th Avenue property. The company expects to invest approximately $6,250,000 to construct a new facility. Jeld Wen currently has 179 employees, and will add 35 to 45 net new jobs at this facility. Jeld Wen has requested the City utilize SIED funding to offset the cost of required infrastructure improvements including road paving, storm drainage, curb and sidewalks. The total estimated cost of the infrastructure improvements is estimated at $260,294.32. With Council approval, the City will apply for a SIED loan of $100,0000 and a grant of $100,000. CONTINUED ON NEXT PAGE Resolution _X Ordinance _ Contract _ Other: Grant & Loan Application Funding Source: Yakima County SIED Fund Approval for Submittal: Cit anager STAFF RECOMMENDATION: Approval Resolution. BOARD RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2005-53 Upon award, the City will enter into a loan agreement with Yakima County for repayment of the loan portion (50%), and will also enter into an agreement with Jeld Wen for repayment to the City of the aforementioned obligation. The SIED program is a Yakima County funding source for economic development that originates from a refund of County tax revenue from the State of Washington. SIED is administered for the County by YCDA/New Vision, and the advisory board is appointed by the County, with nominations from the cities. SIED funds are available only for construction of public infrastructure, and only in association with new private sector development which creates or retains manufacturing jobs. SIED funding consists of a loan and grant award from Yakima County to the applicant municipality or port district. Funding is limited to $500,000 per project, and a local match is required. 2 Yakima County SIED Board Supporting Investments In Economic Diversification CERTIFICATION Applicant: Federal Tax Number: Contact: Title: Telephone: Fax: Email: Address: APPLICATION FOR FUNDING City of Yakima 10©5-.., 200 3 ' a Bill Cook Director of Community & Economic Development 509/575-6113 509/576-6792 bcook@clyakima.wa.us 129 North 2nd Street Yakima, WA 98901 Indicate the minimum necessary total public project infrastructure costs. Amount of SIED loan requested: $100,000 (see Policies for limits) Amount of SIED grant requested: $100,000 (see Policies for limits) Local match (minimum 10% of SIED request): $60,295 List other funding source(s): TOTAL private investment in plant/equipment $ $6,250,000 Project title: Cub Crafters Expansion Project Resolution # authorizing application: R-2005-53 Declaration: I HEREBY CERTIFY THAT THE INFORMATION GIVEN IN THIS APPLICATION TO THE SUPPORTING INVESTMENTS IN ECONOMIC DEVELOPMENT BOARD IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. Signature of Responsible Official: Print or Type Name and Title: Richard A. Zais, Jr., City Manager Application for Funding, 1998 Page 3 Yakima County SIED Program Yakima County SIED Board Supporting Investments In Economic Diversification A. REQUEST FOR FUNDING To improve the economic vitality of the Yakima County, SIED is authorized to make primarily loans, and grants in unique circumstances, to Yakima County political subdivisions to assist in financing the cost of public facilities that are required by industrial sector businesses that will create and/or retain jobs. In most cases, SIED Board will choose to combine funding in the form of loans and grants. Interest on the loan will be determined based on specific project needs. As a rule, loan payments are made in equal annual amounts on January 1 or July 1, depending on the date of the first disbursement. If the first disbursement is between January 1 and June 30, repayment begins July 1 following the first anniversary of the disbursement of funds. If the first disbursement is between July 1 and December 31, repayment begins January 1 following the first anniversary of the first disbursement of funds. Loan payment installments are based on an ordinary annuity, compounded annually. If an applicant requests a deferral of the first loan payment, the applicant must justify the request, Al. Indicate the full terms requested for SIED consideration. A SIED loan is a general obligation of the jurisdiction receiving the loan. With acceptance of a SIED loan, the jurisdiction agrees to the terms of the interlocal agreement regardless of the project which prompted the application for SIED funding. • A loan of: $100,000. A grant of $100,000 (maximum 40% of project costs*). *NOTE: If applicant contributes 20% toward project costs (including state, federal, or private funds leveraged) the maximum grant increases to 50% of the SEID request. ® A deferral of the first loan payment (up to five years): ♦ Loan terms requested: •Total number of years for repayment: 5 years ♦ Justify a request for a deferral of the first loan payment. What is the basis for a lower interest rate request? NO DEFERRAL OF LOAN PAYMENT REQUESTED. Application for Funding, 1998 Page 4 Yakima County SIED Program Yakima County SIED Board Supporting Investments In Economic Diversification B. PUBLIC SECTOR PROJECT B1. Describe the entire public facility project, including the parts that you are not asking SIED to fund. Improvements to North 6th Avenue to accommodate construction of manufacturing facility. Improvements include 30' wide roadway, curb and gutter, 5' sidewalk on east side, 12" diameter storm drain and related storm drain improvements, adjustment of existing utilities, driveway approaches, streetlights, fire hydrant relocation, and items and materials related to the improvements. A new water system loop will also be constructed around the new site that will be paid for by the property owner. Other costs include right-of-way acquisition and relocation of utility poles. B2. Will this project upgrade an existing public facility? Yes. Build a new one?. Describe. North 6th Avenue has heavy truck traffic, and the roadway surface must be improved to accommodate increased traffic from the Jeld Wen operation, which is estimated at 25 trucks per day. B3. List all funding sources for the public project and amount. •Identify whether the amount has been provided or *is being requested. Provide the status and date the funds were approved or the date that funds are expected to be approved: SOURCE SIED loan requested SIED grant requested Jeld Wen Total project costs STATUS DATE AMOUNT $100,000 $100,000 $60,295 $260,294 B4. Specifically, for what element(s) of the public project are SIED funds requested? improvements to North 6th Avenue to accommodate construction of manufacturing facility. Improvements include 30' wide roadway, curb and gutter, 5' sidewalk on east side, 12" diameter storm drain and related storm drain improvements, adjustment of existing utilities, driveway approaches, streetlights, fire hydrant relocation, and items and materials related to the improvements. B5. Include a site map of the area. Identify the location of the site, public infrastructure and private development project (existing and/or proposed). Specifically identify where SIED funds are proposed to be used. B6. Attach engineering estimates supporting project costs. Identify whether estimates are from preliminary engineering or design engineering work. (Attention: SIED will not entertain requests for additional funding if projections are insufficient.) B7. Describe how the public facility project will enhance or encourage other development in the immediate area in addition to the direct development described in this application (Section D.) North 6th Avenue was recently added to the Yakima Renewal Community, so the City is providing significant tax incentives to encourage investment in the area. It is an important street for the manufacturing, warehouse distribution and agriculture industries in Yakima. It also serves the historic Yakima Trolley system, and is popular with bicyclists. The improvements are needed to maintain serviceability of the roadway by the aforementioned business interests, while protecting bicyclists, pedestrians and trolley system users. Application for Funding, 1998 Page 5 Yakima County SIED Program Yakima County SIED Board Supporting Investments In Economic Diversification B8. List all permits and environmental reviews required for the PUBLIC SECTOR PROJECT and give their current status (applied for, application being prepared, permit issued, etc.) PERMIT None required ISSUER STATUS ANTICIPATED COMPLETION DATE B9. If environmental permits are not required for the project (e.g., Shorelines Permit, Environmental Impact Statement, etc.), please explain why they are NOT required. Due to its size and scope, the project is Categorically Exempt from an Environmental Impact Statement. B10. Estimated schedule for public project completion. Indicate the month and year when the activities listed have been, or will be, completed. ESTIMATED COMPLETION DATE (month/year) Preliminary Engineering Report 04/05 Environmental Review N/A All Required Permits Obtained N/A Design Engineering 05/05 Land/Right-of-Way Acquisition 05/05 Prepare Bid Documents 05/05 Award Construction Contract 06/05 Begin Construction 07/05 Project Operational 09/05 B11. What other jurisdictions, such as counties, cities, port districts, tribes, state/federal agencies are involved in the planning, design, financing, construction or operation of this project? The project is only within the jurisdiction of the City of Yakima. Yakima County SLED funds are the only other government partner. Please explain how completion of the project is coordinated between other involved parties. N/A B12. Will the SIED public facility project be totally maintained by the applicant? If not, whom? Please explain. The City of Yakima will maintain all street and utility improvements. Application for Funding, 1998 Page 6 Yakima County SIED Program Yakima County SIED Board Supporting Investments In Economic Diversification B13. How will this project impact utility rates and public services within the jurisdiction? No adverse impact projected. The improvements will benefit other commercial users of the roadway, and enhance pedestrian and bicycle access. B14. Is this project consistent with your local comprehensive and capital facilities plans? If no, please explain. Yes, the project is consistent with our plans C. FINANCIAL INFORMATION ON CITIES, TOWNS, PORT DISTRICTS AND COUNTIES This section examines the general financial status of cities, towns, and counties to determine the need for SIED assistance. 01. Identify funds (General Fund, Utility Fund, Property taxes, etc.) that are eligible to repay a SIED loan. While general fund and property taxes are eligible for use in repayment, but the city will enter into an agreement with the Jeld Wen for repayment of the loan. C2. In the context of the local government's overall annual budget, explain the need for SIED assistance. If the applicant has budget reserves, please explain why these funds are not available for the project? The City of Yakima has a $3 million funding gap for street maintenance and improvements, and this project could not be financed to meet Jeld Wen's needs but for SIED funds. Our overall budget reserves set aside for fiscal emergencies to deal with unexpected costs due to disasters, public safety emergencies and other emergent issues. C3. If the local jurisdiction is not financially contributing to the project, please explain why. The City will be assisting with the right-of-way transaction and some engineering costs. C4. Has the use of revenue or general obligation bonds, LID, ULIDS been explored for this public facility project? Yes_X_ No_. Explain the outcome and describe why these financing sources would or would not be applicable for this project. While the project is eligible for an LID, the cost would be greater to the business as other businesses in the area are not in support of an LID. C5. Will a revenue stream be generated that could repay a SIED loan outside of the system's normal operations and maintenance costs? Yes No_X_. Please explain. No, we are prohibited from imposing a street utility fee. For this reason, the property owner will repay the city's portion of the SIED loan. Application for Funding, 1998 Page 7 Yakima County SIED Program Yakima County SIED Board Supporting Investments In Economic Diversification • C6. Other public sources of funding for public economic development projects are listed below. Indicate which public sources were investigated to fund this project, in addition to SIED. Indicate what the outcome was. YES NO OUTCOME FEDERAL: Economic Development Administration X Rural Development _X_ T21 (ISTEA) X Other: X STATE: Transportation Improvement Board X_ Community Development Block Grant X Public Works Trust Fund — _X_ Department of Ecology _X_ CERB. RTPO/MPO X Other X Explain why SIED funds are necessary and the outcome of the investigation of other fund sources: Applicant and City requested use of SIED funds because of the short time period and flexibility of the program. Application for Funding, 1998 Page 8 Yakima County SIED Program Yakima County SIED Board Supporting Investments In Economic Diversification D. PRIVATE SECTOR COMMITMENT D1. In order to show that a specific private investment is ready to occur, but will do so only if SIED assistance is made available to the applicant, SIED requires a signed Contingency Agreement(s) between the applicant and the private sector representative(s). If a developer is involved, there must also be a signed Contingency Agreement between the developer and the proposed tenant. D2. Describe the proposed private development or expansion project that will be supported by the public facility project. Jeld Wen is a leading national manufacturer of doors and windows whose locally produced products are distributed through major home improvement retailers like Home Depot, and whose advertisements are featured on networks like Home and Garden Television (HGTV). In order to meet the growing demand for their quality products, Jeld Wen needed a new, larger manufacturing plant, and will construct a $6,250,000 facility in the expanded area of Yakima's federal Renewal Community. The project will create approximately 45 new jobs that pay well above the average wage for this area. D3. Name of private sector firm: Jeld Wen Corporation Address 1015 East Lincoln Avenue; Yakima, WA Phone/Fax 248-4346 Contact Person Tom Meyer. D4. Explain why the private development requires the proposed public infrastructure improvements described in this application. Jeld Wen is constructing a new manufacturing plant that will significantly increase incoming and outgoing heavy truck traffic along North 6th Avenue. Without these improvements, the increased traffic will exceed the current roadway capacity and will further deteriorate the surface to point of failure. Heavy truck traffic will also pose increased risk to pedestrians and bicyclists who frequent this road, and this risk will be mitigated by the new sidewalk and lighting. The City of Yakima's development standards require that new construction projects of this size mitigate their impact on transportation infrastructure by investing in improvements. Application for Funding, 1998 Page 9 Yakima County SIED Program Yakima County SLED Board Supporting Investments In Economic Diversification D5. List the number of projected jobs, by job type, to be retained and/or created by the firm as a direct result of the public infrastructure project supporting the private development. Jobs must be expressed in Full Time Equivalents (FTEs). Wage data should exclude fringe benefits. *Management positions should be indicated as an annual salary. Job Description Current # Of Jobs Retained** (In FTEs) # Of Jobs Created Year 1 (In FTEs) # Of Jobs Created by Year 3 (In FTEs) Current or initial Hourly Wages Local Occupational Hourly Wages*** Mgmt./Admin* 16 3 $35,000 yr. Technical/Prof. Office/Clerical 15 $13.00 hr. Production 150 20 20 $10.50 hr. Sales Skilled Crafts Others a) Number of Jobs **Retained _0 b) Projected annual gross payroll for all job classifications $ $6,400,000 c) How many of these positions are for seasonal work? (In FTE) 0 d) What kind of fringe benefits does the company offer to regular full time employees? Medical and dental insurance for employees and dependents with employer contribution, life insurance for employee and spouse, disability insurance, 401 K with employer contribution, paid leave, employee assistance program. D6. Will this project displace existing jobs in any other part of the county? No D7. How were job projections developed? Explain why the projections are realistic. Jeld Wen is an industry leader in home improvement products. Their job projections and facility design is based on years of production experience, the capacity of their current operation, and current and future demand for their products. ***Contact YCDA for information on this column. Application for Funding, 1998 Page 10 Yakima County SIED Program Yakima County SIED Board Supporting Investments In Economic Diversification D8. Will the private sector project offer expanded employment opportunities to disadvantaged or unemployed workers? How will the firm work to hire people from Yakima County? Jeld Wen uses Work Source to fill vacancies, and is a participant in the annual Yakima Job Fair. Both the existing and new location are within the Yakima Renewal Community, so it is presumed that a substantial portion of the workforce will come from disadvantaged backgrounds. The Renewal Community also provides tax benefits (wage credits) for businesses to hire people from these economically distressed neighborhoods. D9. Indicate the construction schedule (if applicable) for the proposed private sector project. (month/year) Private Facility Construction Begins Private Facility Construction Completed Private Facility Operational May 2005 October 2005 November 2005 D10. List all permits required for the PRIVATE SECTOR PROJECT and give their current status (applied for, application being prepared, permit issued, etc.) PERMIT/ENVIROMENTAL REVIEW Building Permit Water and Sewer Connection ISSUER City of Yakima City of Yakima STATUS Issued Pending ANTICIPATED COMPLETION DATE April 2005 August 2005 D11. What private authorizations remain prior to proceeding with the proposed private development project? No private authorizations pending. Corporate headquarters has approved the project. D12. Explain how the private sector is financing their capital investment in this project. When will private sector financing be in place? Please list financial references that can verify financing sources and capacity for this project. Jeld Wen Corporation is financing the project with its own resources. Application for Funding, 1998 Page 11 Yakima County SIED Program lluiibregtse, Lo an. Associates, Inc. CIVIL ENGINE -ENG • LAN© SURVEYING • PLANNING R ° ETTA_ KENO Phone: 509-966-7000 1 FAX: 509-965-3800 Date: April 6, 2005 Project No.: 04097 To: City of Yakima, Eng. Div. Attention: Bob D. From: Dennis Whitcher Re: North Sixth Avenue Improvement Project Weld Wen Facility) We are sending you attached the following items: (1) 11 x 17 preliminary drawing of proposed improvements (1) 8.5 x 11 preliminary cost estimate Comments: For your use as requested. This drawing and estimate reflects the latest changes we were given: no sidewalk and no commercial driveways on the west side; curb and gutter on the west side. If you have any questions, please feel free to call. Copy to: Dave Ranger, w/enc. Signed: C \MyFiles\TRANSMITTAL MEMO.wpd City of Yakima 03/31/05 North Sixth Avenue Improvements 30' wide, curb and gutter each side, 5' sidewalk east side PRELIMINARY ESTIMATE No. Description Unit Quantity Cost Total 1 Mobilization L.S. 1 $1.,000.00 $1,000.00 2 Traffic Control Labor HR. 240 $28.00 $6,720.00 3 Construction Signs, Class A Temporary Traffic Control Devices SF. L.S. 400 1 $5.00 $2,000.00 4 $3,000.00 $3,000.00 5 Clearing and Grubbing L.S. 1 $3,000.00 $3,000.00 $19,800 00 6 Unclassified Excavation Inciudin• Haul C.Y. 1,650 $12.00 7 Crushed Surfacing Base Course TN. 1,200 $15.00 $18,000.00 8 Crushed Surfacing Top Course (Sidewalk) TN. 50 $15.00 $750.00 9 HMA, Class E, PG 64-28 (ATB) TN. 760 $35.00 $26,600.00 10 HMA, Class 1/2 Inch, PG 64-28 TN. 400 $45.00 $18,000.00 11 Concrete Curb and Gutter on Both Sides L.F. 1,640 $10.00 $16,400.00 12 4" Concrete Sidewalk on East Side Only S.Y. 360 $25.00 $9,000.00 13 6" Concrete Sidewalk on East Side Only S.Y. 40 $27.00 $1,080.00 14 12" Dia. Storm Drain, incl Bedding L.F. 60 $30.00 $1,800.00 15 Adjust Existing Utilities L.S. 1 $5,000.00 $5,000.00 16. North Driveway Approach East Side EA. 1 $4,000.00 $4,000.00 17 South Driveway Approach East Side EA. 1 $10,000.00 $10,000.00 18 Catch Basin, Type 1 EA. 4 $1,000.00 $4,000.00 19 Storm Drain Manhole EA. 2 $2,000.00 $4,000.00 20 Storm Drain Infiltration System L.F. 100 $75.00 $7,500.00 21 Select Backfill TN. 40 $18.00 $720.00 22 Shoring or Cribbing or Extra Excavation L.F. 60 $1.50 $90.00 23 Monument EA. 1 $300.00 $300.00 24 Pavement Marking L.S. 1 $500.00 $500.00 25 Streetlights L.F. 5 $5,000.00 $25,000.00 26 Furnish and Install Flange Rail L.F. 500 $10.00 $5,000.00 27 Relocate Existing Fire Hydrant EA. 1 $700.00 $700.00 Sub Total 10% Contingency Design Engineering Construction Engineering Total Does not include right of way acquisition. Does not include relocation of utility poles on West Side. $193,960.00 $19,396.00 $21,335.60 $25,602.72 $260,294.32