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" ►
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e� PilB��G �ti r,.0.'
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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
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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
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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!
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DUPLICATE DUPLICATE DUPLICATE DUPLICATE
v:1.0.3980