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AG 23-178 - STANISLAV AFICHUKRETURN TO: Chaney skadsen EXT: 2644 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: CD/Planning 2. ORIGINATING STAFF PERSON: Chaney Skadsen EXT:. 2614 3. DATE REQ. BY: End of August? 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ® SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME' Aflchuk cash security in Lieu of Bond 6. NAME OF CONTRACTOR: ADDRESS: TELEPHONE E-MAIL: FAX: SIGNATURE NAME: TITLE 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT COMPLETION DATE: DATE: 9. TOTAL COMPENSATION $ -0 {% . xt)G. (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LASOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ® NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ®YES 10NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: i] RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO:� _ 00L') — 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED d PROJECT MANAGER Cs 8/10123 CS 811512023 ❑ DIRECTOR Keith out of office ❑ RISK MANAGEMENT (IF APPLICABLE) 9 LAW KVA 8/24/2023 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL 1 DATE SIGNET] LAW DEPARTMENT eV 9 'L) * SIGNATORY (MAYOR OR DIRECTOR) KN 8I281 23 ❑ CITY CLERK ew C"W7.6 ❑ ASSIGNED AG# AG# 23-178 COMMENTS: 212017 Applicant: Stanislav Afichuk Permit #: 20-104332-00-UP Project: Redondo Bay Tranquility Lot 8 (Afichuk) Account Amount: $17,272.66 Property Address: *NO SITE ADDRESS*, Cash Deposit Amount: $863.63 FEDERAL WAY, WA, USA CITY OF FEDERAL WAY CASH SECURITY AGREEMENT This Cash Security Agreement ("Cash Security") is dated effective this 2S day of A" , 20 . The parties ("Parties") to this Cash Security are the City of Federal Way, a Washington municipal corporation ("City") and Stanislav Afichuk, an individual ("Applicant"). A. The Applicant is required to perform certain work and/or construct certain improvements including removal of invasive species throughout the mitigation areas, installation of native trees, shrubs, and herbaceous vegetations, and addition of a split -rail fence and standard buffer boundary signs; and monitoring over the next five years at the above -referenced property address located in Federal Way, Washington ("Property") in connection with Applicant's application under the above -referenced permit number; B. The improvements will be constructed or the work will be performed in accordance with record drawings and approved plans on file with the City of Federal Way ("Plans"); C. The City has determined that Applicant must post security with the City pursuant to Sections 19.25.010 through 19.25.140 of the Federal Way Revised Code ("FWRC") as now existing or hereafter adopted or amended, to guarantee Applicant's performance of required maintenance or repair and Applicant's performance of construction of certain work or improvements pursuant to the Plans, as a condition of granting the permit; D. The Applicant has elected to post a Security, in cash, to secure performance of the Work and to secure compliance with the Federal Way Revised Code, and all applicable laws, rules or regulations. NOW THEREFORE, the City and Applicant agree as follows: 1. Amount of Cash Deposit. Pursuant to Section 19.25.040 of the FWRC that portion of this Cash Security which is in lieu of a performance bond, shall be equal to one hundred and twenty percent (1200/0) of the cost of the work or improvements and that portion of this Cash Security which is in lieu of a maintenance bond, shall be equal to thirty percent (30%) of the cost of the work or improvements. 2. Cash Security. The City acknowledges receipt of the Security amount, Seventeen Thousand Two Hundred Seventy -Two 66/100 Dollars ($17,272.66), which will be held in a City non -interest bearing account, under Account No. 001-0000-000-239-10-000 ("Account"), as security for the performance of the Work. 3. hnproveinents. Applicant shall perform all work, improvements and maintenance required pursuant to the Plans, to the City's satisfaction. The maintenance obligation shall continue for five (5) years 1 4/2023 from the completion date of the improvements, or such longer period as required by the FWRC or other applicable law, rule or regulation. 4. Release. This Cash Security may be released by the City upon determination that: (i) all the improvements have been constructed and installed and all work and maintenance performed to its satisfaction, in full compliance with the Plans and all applicable local, state, or federal law, and within the time period prescribed by the City, and (ii) Applicant has performed all of its obligations under this Cash Security. The City may release this Cash Security as follows: (a) Partial Release. Upon completion of the improvements in compliance with the foregoing provisions, the City will release all but thirty percent (30%) of the cost of the work or improvements covered by this Cash Security, which amount is equal to Twelve Thousand Ninety and 86/100 Dollars ($12,090.86), by executing and delivering the Partial Release of Cash Security attached hereto as Exhibit 1 to Applicant. (b) Full Release. Five (5) years after completion of the improvements and performance of the maintenance in compliance with the foregoing provisions, the City will release the remaining portion of the Cash Security, in the amount of Five Thousand One Hundred Eighty -One and 80/100 Dollars ($5,181.80), by executing and delivering the Full Release of Cash Security attached hereto as Exhibit 2 to Applicant. 5. Right to Complete Work. The City may, but in no event is it obligated to, perform any of the necessary work in connection with the construction or completion of the improvements or performance of the maintenance required by the Plans. Upon demand, Applicant agrees to pay the City an amount equal to all of the City's costs and expenses in performing such work or the City shall be reimbursed its costs and expenses from the Account at the City's election. 6. Notice. The Community Development Department of the City shall be given forty-eight (48) hour notice prior to the commencement of any work. 7. Indemnification. Applicant agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) arising from, resulting, or connected with this Cash Security, including without limitation, the City's performance of any maintenance or other work or construction of the improvements pursuant to Section 5 herein. 8. Administrative Cash Deposit. In addition to the amount of this Cash Security, Applicant agrees to pay a cash deposit to the City, pursuant to Section 19.25.060 of the FWRC, upon the execution of this Cash Security equal to the following percentages of the amount of the Account: Amount of Account Up to $20,000 $20,001 - $50,000 $50,001 - $100,000 $100,001 and up Amount of Calla Depo-sit 5% of Account (minimum $100) 4% of Account 3% of Account 2-1 /2% of Account 2 4/2023 The cash deposit may be used by the City to cover its actual expenses in administering this Cash Security and, if necessary, collecting and using the proceeds from the Account. 9. Remedies Cumulative. No remedy provided for by this Cash Security shall be deemed exclusive, but shall be deemed cumulative and in addition to every other remedy available to the City at law, in equity, or by statute. Applicant agrees that its liability under this Cash Security is not limited to the amount of the Account. 10. License. Applicant shall record a license in the form attached hereto as Exhibit 3 and incorporated herein by this reference with the King County Department of Records, immediately upon the execution of this Cash Security and at Applicant's cost. 11. General Provisions. This Cash Security may not be amended except by written agreement signed by the Parties. Any provision of this Cash Security which is declared invalid, shall not invalidate the remaining provisions. The failure or delay of the City to declare any breach or default shall not waive such breach or default. This Cash Security may not be assigned by either Party without the other Party's written consent. This Cash Security shall be binding upon and inure to the benefit of the Parties' successors in interest. In the event of any dispute between the Parties regarding this Cash Security, each Party shall pay its own attorney fees and costs. Each person executing this Cash Security represents that he or she is authorized to execute this Cash Security on behalf of their respective entity. Time is of the essence. (Name) Its: VW VLZ (Title) Q, Vs` k � TTWDInr✓i��V I ` 00 (Address) L2o 6 71D8 -cow (Phone) 3 4/2023 STATE OF WASHINGTON ) ss. COUNTY OF On this day personally appeared before me, �� �l�`� "' '-�' , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that they executed the foregoing instrument as their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this <;[� day of Notary's signature Notary's printed nam �,Oo%tIoTI19Ff" ► 3O HN,3 ��� ► O ' PRY e� PilB��G �ti r,.0.' '••. E OF W P+� 41,0wultolOt ATTEST: S h ie Courtney, CM , ity Clerk APPROVED AS TO FORM: A�j I l: J yan Call, City My" 204 and for the State of Washington. My commission expires CITY OFF &DE L. WAY: By: Keith Niven, tommunity Development Director 33325 8th Ave S Federal Way, WA 98003-6325 4 4/2023 EXHIBIT 1 PARTIAL RELEASE OF CASH SECURITY The undersigned hereby acknowledges that a portion of the conditions set forth in that Cash Security Agreement ("Cash Security") provided to the City of Federal Way ("City") by Stanislav Afichuk ("Applicant") dated for Redondo Bay Tranquility Lot 8 (Afichuk) File #20-104332- 00-UP have been satisfied and hereby authorizes the release of an amount equal to Twelve Thousand Ninety and 86/100 Dollars ($12,090.86) from account number 001-0000-000-239-10-000 ("Account"). The remaining funds equaling thirty percent (30%) of the cost of the work or improvements shall be held by the City in the Account pursuant to the terms of the Cash Security for a, period of five (5) years as security for Applicant's performance of all maintenance for the project described therein and as a guarantee against defective materials or workmanship in the construction and maintenance of such improvements. DATED this day of , 20:. CITY OF FEDERAL WAY: Keith Niven, Community Development Director 33325 8th Ave S Federal Way, WA 98003-6325 5 4/2023 EXNTRTT'. FULL RELEASE OF CASH SECURITY/LICENSE Pursuant to the terms and conditions of that certain Cash Security Agreement ("Cash Security") provided to the City of Federal Way ("City") by Stanislav Afichuk, ("Applicant"), dated for Redondo -Bay Tranquility Lot 8 (Afichuk) File #20-104332-00-UP, the City hereby acknowledges that the Five (5) year maintenance period has expired, that the work or improvements covered by the Cash Security have been completed to the City's satisfaction and that the City is not aware of any defect in workmanship or materials. Accordingly, the undersigned hereby releases the sum of Five Thousand One Hundred Eighty -One and 80/100 Dollars ($5,181.80) from account number 001-0000-000- 239-10-000 ("Account"). The undersigned further releases all right, title, and interest granted to the undersigned by reason of a certain License Agreement recorded under King County Recording No. ("License Agreement") and acknowledges that all obligations and rights contained in the License Agreement are hereby terminated. DATED this day of , 20 CITY OF FEDERAL WAY: Keith Niven, Community Development Director 33325 8th Ave S Federal Way, WA 98003-6325 6 4/2023 Instrument Number: 20230825000705 Document:MISC Rec: S205.50 Page -I of 3 Record Date:8/25/2023 2:28 PM Electronically Recorded King County, WA Return Address: City of Federal Way Attn: Name/Dept 33325 Sth Avenue South Federal Way, WA 98003-6325 EXHIBIT 3 LICENSE Grantor (s): Stanislav Afichuk Grantee (s): CITY OF FEDERAL WAY, a Washington municipal corporation Property Legal Description (abbreviated): REDONDO BAY TRANQUILITY TGW UND INT PRIVATE ROAD A Additional Legal(s) on Exhibit A Assessor's Tax Parcel ID#(s): 720250 0080 The undersigned owner of certain real properly located in Federal Way. Washington and legally described as follows: Lot 8, Redondo Bay Tranquility, according to the plat thereof recorded in Volume 102 of Plats, Page(s) 93 and 94 records of King County, Washington. Situate in the County of King, State of Washington. ("Property") hereby grants an irrevocable license to the City ofFederal Way ("City') and the City's agents, employees, contractors, or representatives to enter upon the Property to inspect the construction of improvements, the peri'orntancc of work, or to allow the City to perform any necessary maintenance or work, all pur%uanl to that certain Cash Security Agreement entered into between the City and the undersigned and incotporated herein by this reference. DATED this ZS STATE Of-- WASI IINU'I'ON ) ) ss. day of 7 412023 Instrument Number: 20230825000705 Document:MISC Rec: $205.50 Page-2 of 3 Record Date:8/25/2023 2:28 PM King County, WA COUNTY OF ] On this day personally eared before me, v1 ,� , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that they executed the foregoing instrument as their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of � — , 20u Notary's signature Notary's printed natne 4A •'`yN ..... r, Notary c ,a Washington. _••�0�;: ''irisa'rg •. ;p,^f My commission expires i,IOTAPY PUBLP , the State of ;?,Z51,r 8 4/202 3 Instrument Number: 20230825000705 Document:MISC Rec: $205.50 Page-3 of 3 Record Date:8/25/2023 2:28 PM King County, WA EXHIBIT A LEGAL DESCRIPTION Lot 8, Redondo Bay Tranquility, according to the plat thereof recorded in Volume 102 of Plats, Page(s) 93and 94, records of King County, Washington. Situate in the County of King, State of Washington. 4(2023 In **************************************** DUPLICATE DUPLICATE DUPLICATE DUPLICATE CITY OF FEDERAL WAY CITY HALL 33325 8TH AVE S FEDERAL WAY WA. 98003 **************************************** Reg# #/Rcpt#: 004-00013367 [ TF ] Accounting Date: Fri, Aug 25, 2023 Date/Time: Fri, Aug 25, 2023 12:03 PM **************************************** A20\ADMIN DEPOSIT - PLN (9060) FOLDER:23-103698-00-OP FEE AMOUNT: $ 863.63 A20\ADMIN DEPOSIT - PLN (9060) FOLDER:23-103698-00-OP FEE AMOUNT: $ 17,272.66 --------------------- RECEIPT TOTAL = $ 18,136.29 **************************************** Payment Data: Pmt# :1 Payer: STANISLAV V AFICHUK Method: CC Ref#: 82805 AMOUNT = $ 18,136.29 RECEIPT SUMMARY TOTAL TENDERED = $ 18,136.29 RECEIPT TOTAL = $ 18,136.29 CHANGE DUE _ $ 0.00 HAVE A NICE DAY! **************************************** DUPLICATE DUPLICATE DUPLICATE DUPLICATE v:1.0.3980