AG 03-122
1 LeJAaJtel
RAL WAY LAW DEPARTMENT
DATE IN: .-,
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'7;? \\Q3 CITY OF
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REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP
1_ ORIGINATING Dr.:P-L/DIV: __ Pu-UJ2ev:eJnpmfJtt, c::S'e1'1l1 it LS____________
") ORIGINAl"lNG STAFF I'ERSON:k'Jm StJ.;ifartJI L_ EXT: '1/8;1-__ 3. DATE REQ_ BY:_ ____
4_
5
6.
7_
8.
9.
10_
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TYPE OF DOCUMENT REQUESTED (CHECK ONE)
o PROFESSIONAL SERVICE AGREEMENT
n MAINTENANCE/LABOR AGREEMENT
n PUI3L1C WORKS CONTRACT
U SMALL PUBLIC WORKS CONTRACT
XSECURITY DOCUMENT (EG AGREEMENT,';:
PIYHMAIN BOND ASSI(;NMENT OF FI INDS IN L1H I nF nnNll1
ij CONTRACTOR SELECTION DOCUMENT
(lOG, RFB, RFP, RFQ)
:: CONTRACT AMENDMENT AGf;:
LJ COBG
[l OTHER
(LESS TIIAN S1UU,OUO)
o PURCHASE AGREEMENT)
(MATERIALS, SUPPLIES, EQUIPMENT)
OREAL ESTArE DOCUMENT
PROJECT NAME:_Ve41faJ1..I1..-:-------------------- __ -
NAME OF CONTRAcrOR:,_(+o;~-. 11~ W/) r'ftf!AL7)€\fUiJP,nfiJT L~ ~ cecr:!c
ADDRESS:,Ul)5-~~tJia) . _NilJ.L!frtd....,..}...J1~rm-r11 WJI CJ'l3:2.. TELEPHO.NE._.L~(f....ili.' Jf6J~3820
SIGNATURE NAME: tJii,tlon M 0___ 'J!lID_____ TITLE~ltU_~e"....
ATTACII ALL EXHIBITS AND CHECK BOXES ,; SCOPE 01 SFRVICFS X::ALL EXI-lIrlITS RULRLNClD IN DOClIMLNl
o INSURANCF CFRTIFICAlF I: DOClIMENl AlITlI(mlt:lNG SI(iNAllmE
TERM: COMMENCEMENT DATE: J'\l-~/- COMPLETION DATE:____________
TOTAL COMPENSATION $__ \-'tlll/ ___________ _____ (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF C A' ,CULATED ON HOURLY LAIlOR CIIAI{GF - AITAClI SCHFDULlS 01- EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: Cl YES iJ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED i--) YES :::j NO IF YES, $ PAID l3 Y: ~! CONTRAC i'OR ,_j ell
INITIAL/Q~TF,: APPROVE,? J /
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(P/17{03 _______
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CONTRACT SIGNArURE ROUTI~G !l~+~_~6L/l;lA E APPROVED
M LAW DEPARTMEN" ,17; R.tuil'VJCi-l fI/lf5/03l1/-,lQJi; ~ ! --
X; CITY MANAGER'~IIri5Lrlj1{(I'?/ _ I ()
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CONTRACT REVIEW
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Applicants:
Canal Development, LLC
Ceccanti, Inc.
Yentana
S ofSW 304lh St, E of 26th Ave. SW
Federal Way, WA
Bond #: 400SV0938
Permit#: 00.100973 -000-00- EN
Bond Amount: $1,463,274.60
Cash Deposit Amount: $36,581.87
Project:
Property Address:
CITY OF FEDERAL WAY
AGREEMENT AND
PERFORMANCE/MAINTENANCE BOND
THIS AGREEMENT ("Agreement") is dated effective this ff day of 0\.....t.-Y\e. ,
2003. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington
municipal corporation ("City"), Canal Development, LLC, a Washington limited liability
corporation ("Canal"), and Ceccanti, Inc., a Washington corporation ("Ceccanti"). Canal and
Ceccanti collectively referred to herein as "Applicant".
A. Applicant is required to perform certain work and/or complete certain
improvements, including site development for a Twenty-Eight (28) lot subdivision at the above
referenced address located in Federal Way, Washington in connection with Applicant's Land
Use Application under the above-referenced permit number ("Permit");
B. The improvements will be constructed or the work performed in accordance with
record drawings and approved plans on file with the City ("Plans");
C. The City has determined that Applicant must post security with the City pursuant
to Sections 22-146 through 22-159 of the Federal Way City Code ("FWCC") as now existing or
hereafter adopted or amended, to guarantee Applicant's performance of the required construction
of improvements or performance of work, maintenance or repair in accordance with the Plans as
a condition of granting the Permit.
NOW, THEREFORE, the Parties agree as follows:
1. Improvements. Applicant shall construct all improvements and perform all
maintenance pursuant to the Plans, to the City's satisfaction ("Work"). The obligation to
maintain the improvements shall continue for a period of two (2) years after issuance of the
certificate of occupancy or final inspection, or such longer period as required by the FWCC or
other applicable law, rule or regulation.
2. Completion of Work. Applicant shall complete the Work to the City's
satisfaction, within the time period prescribed by the City, and in full compliance with the Plans,
including any approved amendments thereto, and in conformance with all applicable laws, rules
or regulations.
3. Performance/Maintenance Bond. Applicant shall deliver the fully executed
Performance/Maintenance Bond to the City, in the fonn attached hereto as Exhibit "A" and
Page 1 of 13
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incorporated by this reference ("Bond"), to guarantee Applicant's performance of the
construction of the improvements and/or maintenance of the improvements pursuant to the Plans.
4. Release of Bond. If Applicant constructs the improvements in accordance with
the terms of the Bond, the Permit and all applicable law, the sum of the Bond shall be reduced by
seventy percent (70%) after final inspection and approval of the improvements by the City and
the City will deliver to the Principals the fully executed Partial Release of Bond attached hereto
as Exhibit "B". Except as set forth in the preceding sentence, the Bond shall remain in full force
and effect. That portion of the Bond equal to thirty percent (30%) of the original penal sum shall
remain in full force and effect for two (2) years after final inspection and approval, asa
maintenance bond to guarantee against defective materials and workmanship in the construction
of the improvements and to insure continued maintenance of the improvements. The Principals
or their designees may submit a replacement bond for the maintenance obligation, no less than
the 30% required, issued by a surety that has a rating of A VIII or better by AM Best. Upon
receipt of the replacement bond, the remaining 30% of the original bond will be released, Two
(2) years after final inspection and approval of the improvements and performance of the
maintenance, the City will release the remaining portion of the Bond by executing and delivering
to the Principals the Full Release of Bond attached hereto as Exhibit "C".
5. Right to Complete Work. In the event Applicant fails to perform the Work, the
City may, but in no event is it obligated to, request the disbursement of the Bond from the surety
and perform any of the necessary Work. Upon demand, Applicants agree to pay the City an
amount equal to all of the City's costs and expenses in performing such Work in excess of the
amount of the Bond.
6. Notice. The Community Development Department of the City shall be given
forty-eight (48) hours notice prior to the commencement of the Work.
7. Indemnification. Applicants agree 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 Agreement and the Bond, including without limitation, the City's
performance of the Work pursuant to Section 5 herein.
8. Administrative Cash Deposit. In addition to the amount of the Bond, Applicants
agree to pay a cash deposit to the City pursuant to Section 22-151 of the FWCC, upon the
execution of this Agreement equal to the following percentages of the amount of the Bond:
Amount of Bond
Amount of Cash Deposit
Up to $20,000
$20,001 - $50,000
$50,001 - $100,000
$100,001 and up
5% of Bond (minimum $100)
4% of Bond
3% of Bond
2-1/2% of Bond
Page 2 of 13
The cash deposit may be used by the City to cover its actual expenses in administering
this Agreement and, if necessary, collecting and using the proceeds from the Bond.
9. Remedies Cumulative. No remedy provided for by this Agreement 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. The Applicants' liability under this
Agreement are not limited to the amount of the Bond.
10. License. Applicant shall record a license in the form attached hereto as Exhibit
"D" and incorporated herein by this reference with the King County Department of Records,
immediately upon the execution of this Agreement and at its sole cost.
11. General Provisions. This Agreement may not be amended except by written
agreement signed by the Parties. Any provision of this Agreement which is declared invalid,
shall not invalidate the remaining provisions of this Agreement. The failure or delay of the City
to declare any breach or default shall not waive such breach or default. This Agreement may not
be assigned by any Party without the written consent of the other Party. This Agreement shall be
binding upon and inure to the benefit of the Parties' successors in interest. Time is of the essence.
APPROVED AS TO FORM:
Page 3 of 13
STATE OF WASHINGTON)
B )ss.
COUNTY OF 'fA f! f )
On this day personally appeared before me Gordon M. Radovich, to me known to be the
Manager of Canal Development, LLC that executed the foregoing instrument, and acknowledged
the said instrument to be the free and voluntary act and deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that he was authorized to execute said instrument
and that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this / q day of '" k lIU _ ,2003.
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Page 4 of 13
STATE OF WASHINGTON)
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COUNTY OF \.LY U )
CECCANTI, INC.
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P.O. Box #39
Spanaway, WA 98387
On this day personally appeared before me David Ceccanti, to me known to be the Vice-
President of Ceccanti, Inc. that executed the foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that he was authorized to execute said instrument
and that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this \ q day of JU f\...Q
,2003.
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(typed/pri ed name of notary
Notary Public in and for the State of Washington.
My commission expires \';). \ 'd- , Dt=)
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G:\LA WFORMS\Agreement&PerformanceMaintenanceBond
Rev 12/02Bond #
Page 5 of 13
EXHIBIT A
Bond No. 400SV0938
Project: Ventana
Permit #:00-1 00973-000-00-EN
CITY OF FEDERAL WAY
PERFORMANCE/MAINTENANCE BOND
KNOW ALL PEOPLE BY THESE PRESENTS:
We, the undersigned Canal Development, LLC and Ceccanti, Inc. ("Principals"), and St. Paul
Fire & Marine Insurance Company, the undersigned corporation organized and existing under
the laws of the State of Washington and legally doing business in the State of Washington as a
surety ("'Surety"), are held and firmly bound unto the City of Federal Way, a Washington
municipal corporation ("City"), in the penal sum of One Million Four Hundred Sixty-Three
Thousand Two Hundred Seventy-Four Dollars and 60/100 ($1,463,274.60) for the payment of
which they firmly bind themselves and their legal representatives, successors and assigns, jointly
and severally.
This obligation is entered into pursuant to the statutes of the State of Washington and the
ordinances, regulations, standards and policies of the City, as now existing or hereafter amended
or adopted.
The Principals have entered into an Agreement with the City of even date to perform site
development for a Twenty-Eight (28) lot subdivision.
NOW, THEREFORE, if the Principals perform all of the provisions of the Agreement in the
manner and within the time period prescribed by the City or within such extensions of time as
may be granted under the Agreement, and pay all laborers, mechanics, subcontractors, material
men or women, and all persons who shall supply the Principals or subcontractors with provisions
and supplies for the carrying on of said work; and shall hold the City, their officials, agents,
employees, and volunteers hannless from any loss or damage occasioned to any person or
property by reason of any carelessness or negligence on the part of the Principals, or any
subcontractor in the performance of said work, and shall indemnify and hold the City hannless
from any damage or expense by reason of failure of performance as specified in the Agreement,
or from defects appearing or developing in the material or workmanship provided or performed
under the Agreement within a period of two (2) years after its final acceptance thereof by the
City, then and in the event this obligation shall be void; but otherwise, it shall be and remain in
full force and effect.
And the Surety, for value received, hereby further stipulates and agrees that no change, extension
of time, alteration or addition to the terms of the Agreement or to the work to be performed
thereunder or the specifications accompanying the same shall in any way affect its obligation on
Page 6 of 13
this bond, and it does hereby waive notice of any change, extension of time, alterations or
additions to the terms of the Agreement or to the Work.
The Surety hereby agrees that modifications and changes may be made in the terms and
provisions of the Agreement without notice to Surety, and any such modifications or changes
increasing the total amount to be paid to the Principals shall automatically increase the obligation
of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed
twenty-five percent (25%) of the original amount of this bond without the consent of the Surety.
Within forty-five (45) days of receiving notice that the Principals have defaulted on all or part of
the terms of the Agreement, the Surety shall make a written commitment to the City that it will
either: (a) cure the default itself within a reasonable time period, or (b) tender to the City, the
amount necessary for the City to remedy the default, including legal fees incurred by the City, or
(c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety
disputes the City's claim of default, the Surety shall notify the City of its finding and its intent, if
any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the
option it has elected. Should Surety elect option (a) to cure the default, the penal sum of the
Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing
the default. If the Surety elects option (b), then upon completion of the necessary work, the City
shall notify the Surety of its actual costs. The City shall return, without interest, any
overpayment made by the Surety and the Surety shall pay to the City any actual costs which
exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the
Parties shall first complete participation in mediation, described in the below paragraph, prior to
any interplead action.
In the event a dispute should arise between the Parties to this Bond with respect to the City's
declaration of default by the Principal, the Parties agree to participate in at least four (4) hours of
mediation in accordance with the mediation procedures of United States Arbitration and
Mediation ("USA&M"). The Parties shall proportionately share in the cost of the mediation.
The mediation shall be administered by the Seattle USA&M office, 4300 Two Union Square,
601 Union Street, Seattle, Washington 98101-2327. The Surety shall not interplead prior to
completion of the mediation.
DATED this 1'\
.-:-
day of ~ tl\~
2003.
CORPORATE SEAL OF PRINCIPAL:
Page 7 of 13
CERTIFICATE AS TO CORPORATE SEAL
I hereby certify that I am the (Assistant) Secretary of Canal Corporation, LLC, the
Corporation named as Principal in the within bond; that Gordon M. Radovich, who signed the
said bond on behalf of said Principal, is Manager of said Corporation; that I know his signature
thereto is genuine, and that said bond was duly signed, sealed, and attested for and on behalf of
said Corporation bv IQwJJority of its governing body.
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CORPORA TE SEAL OF PRINCIPAL: CECCANTI, INC.
"" .y:--
David Cecc
P.O Box #39
Spanaway, VVA 98387
CERTIFICATE AS TO CORPORATE SEAL
I hereby certify that I am the (Assistant) Secretary of Ceccanti, Inc., the Corporation
named as Principal in the within bond; that David Ceccanti, who signed the said bond on behalf
of said Principal, is Vice-President of said Corporation; that I know his signature th to is
genuine, and that said bond was duly signed, sealed, and attested for and on be of said
Corporation by authority of its governing body.
L
Secretary or Assistant Secretary
Page 8 of 13
CORPORATE SEAL OF SURETY:
Surety
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APPROVED AS TO FORM:
St. Paul Fire and Marine Insurance Company
Peggy A. Fi rth
(Name of Person Executing Bond)
P.O. Box 2925
Tacoma, WA 98401-2925
(Address)
253-627-7183
(Phone)
Page 9 of 13
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POWER OF ATTORNEY
Seaboard Surety Compauy
St. Paul Fire and Marine Insurance Company
St, Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
United States Jo'idelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Tnc,
23309
Powcr of Atlorney No.
Certificate No. 16 4 7 4 3 3
KNOW ALl" MEN BY 'rRt<:Sf;:PRESt<:NTS; That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that
St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and SL Paul Mercury Insurance Company are corporations duly organized under
the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State oflowa, and that Fidelity and Guaranty Insurance Underwriters,
Tnc, is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make,
constitute and appoint
Curt Dyckman, Michael R. Highsmith, Susan J. Hudson, Elizabeth A. Whitt, Marie Poulin and Peggy A. Firth
of the City of ___ Tacoma , State Washington , their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named ahove, to Sigll it~ name a~ surety to, and to execute, seal and acknowledge any and all honds, undertakings,
contracts and other written instruments in the nature thereof on behalf of the Companies in their husiness of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakingsJ<;,qllir~d orp~~mitted inany actions or proceedings allowed by law,
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IN WITNESS WHEREOF, the Companies have caused this instrumcnt,tKbc'signep-&~dsealedthis
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Seaboard Surety Company .
St. Paul Fire aud Marine InslJr31lt'eTompaIlY
St, Paul Guardiau Insuranfe, b.';n:.I).~ni ...
St. Paul Mercury lusurance Cl)m~.\,ty
23rd
day 01'___
January
2003
...<Uilited States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Tnc.
@ >'ETeR W C,"MAN, YO<< '''''"m
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State of Maryland
City of Baltimore
THOMAS E. HUIBREGTSE, Assistant Sccretary
23td J 2003
On thi~ day of an~_ , before me, the under~igned officer, personally appeared Peter W Carman and
Thomas E, Huibregtse, who acknowledged themselves to be the Vice Pre~ident and Assistant Secretary, respectively, of Seaboard Surety. Company, St Paul Fire and
Marine In~urance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurancc Company, United States Fidelity and Guaranty Company, Fidelity and
Guaranty Tnsurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the forcgoing instrument are thc corporate seal~ of
said Companies; and that they, as such, being authorized so to do, cxecuted the foregoing instrument for the purpo~e~ therein contained hy signing the namcs of the
corporations by thcmselves as duly authorized officers,
Tn Witncss Whereof,l hereunto set my hand and official seal.
~t~,~
My Commission expires the 1st day of July, 2006.
REBECCA EASLEY-ONOKALA, Notary Public
86203 Rev_ 7-2002 Printed in U.S.A.
DISCLOSURE NOTICE OF TERRORISM COVERAGE
This disclosure notice is required by the Terrorism Risk Insurance Act of 2002.
No action is required on your part.
Coverage for acts of terrorism is already included on all outstanding, in force
bonds issued on your behalf or on behalf of one of your associated, affiliated, or
Il-
subsidiary companies, to the same extent and subject to the same terms and
conditions that are otherwise applicable under those bonds and underlying
bonded contracts or obligations: You should know that, effective November 26,
2002, under your existing coverage, any losses caused by certified acts of
terrorism would, be partially reimbursed by the United States to S1. Paul under a
formula established by the Terrorism Risk Insurance AcCof 2002. Under this-
formula, the United States reimburses 90% of covered terrorism losses
exceeding the statutorily established deductible paid by the insurance company
providing' the coverage.
There is a cap on our liability to pay for such losses if the aggregate amount of
insured losses under the Act exceeds $100,000,000,000 during the applicable
period for all insured and all insurers combined. In that case, we will not be liable
for the payment of any amount which exceeds that aggregate amount of
$100,000,000,000.
The portion of your premium for all outstanding, in force bonds, that is
attributable to coverage for acts of terrorism is $0.00.
IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT
TO CHANGE ON ANY BOND THAT PREMIUM IS CHARGED ANNUALLY.
EXHIBIT B
PARTIAL RELEASE OF BOND #
The undersigned hereby acknowledges that a portion of the conditions of the Agreement
and PerformancelMaintenance Bond for Ventena Twenty-Eight (28)-10t subdivision have been
satisfied and hereby authorizes the release of an amount equal to One Million Twenty-Four
Thousand Two Hundred Ninety-Two and 20/100 Dollars ($1,024,292.20). The remaining funds
equaling thirty (30%) of the cost of the work or improvements shall be retained by the City for a
period of two (2) years as security for Assignor's performance of all maintenance for the above
described project and as a guarantee against defective materials or workmanship in the
construction and maintenance of such improvements.
DATED this
day of
,200_"
CITY OF FEDERAL WAY
By:
(Name, Title)
Page 10 of 13
1
EXHIBIT C
FULL RELEASE OF BOND #
TERMINA nON OF LICENSE
The undersigned hereby acknowledges that the two (2) year maintenance period has
expired, that the work or improvements covered by the Agreement and
PerformancelMaintenance Bond for Ventana Twenty-Eight (28)-10t subdivision, 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 Four Hundred Thirty-
Eight Thousand Nine Hundred Eighty-Two and 40/100 Dollars ($438,982.40). 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
,200_.
CITY OF FEDERAL WAY
By:
(Name, Title)
Page 11 of 13
-,
FILED FOR RECORD AT REQUEST OF:
MAIL TO:
CITY OF FEDERAL WAY
PO BOX 9718
FEDERAL WAY, WA 98063-9718
A TTN: Kim Scattarella
EXHIBIT D
LICENSE
The undersigned owner of certain real property located in Federal Way, Washington and
legally described as follows:
TAX PARCEL NO: 122103-9022
THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 21 NORTH,
RANGE 3 EAST, WILLAMETTE MERIDIAN IN KING COUNTY,
WASHINGTON
("Property") hereby grants an irrevocable license to the City of Federal Way ("City") and the
City's agents, employees, contractors or representatives to enter upon the Property to inspect the
construction of improvements, the performance of work or to allow the City to perform any
necessary maintenance or work, all pursuant to that certain Agreement and
Performance/Maintenance Bond of even date entered into between the City, Ceccanti, Inc., and
the undersigned, and incorporated herein by this reference.
tt
DATED this ---11.::. day of Y ~~ , 2003.
Page 12 of 13
,;
STATE OF WASHINGTON)
r\ ) ss.
COUNTY OFH pi f..R.--- )
On this day personally appeared before me Gordon M. Radovich, to me known to be the
Manager of Canal Development, LLC, the corporation that executed the foregoing License, and
acknowledged the said instrument to be the free and voluntary act and deed of said corporation,
for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute
said instrument and that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this E day of ... _ (; LtU
,2003.
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My commission expires f1? O(o~ .
Page 13 of 13