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AG 11-028xETUxlv To: :�12��,v�i�E?� ExT: '���� CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: ORIGINATING STAFF ExT: 2'j�_ 3 . DATE REQ. BY: 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 DOCiJMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT �AG#�: ❑ INTERLOCAL , 0 � A (7...� . � i [''2--�-_� r�-.,o ...�-- � : .. 7[ , /1 , 'Iv� a .� : �� . _ �[ THER ��' /� 5. PROJECT NAME: G. NAME OF ADDRESS: 0 Fax: TiTr.E:��Ji f:���CC�1C��'�I� f/ SIGNATURE N 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 CFW LICENSE #��C - 1 ��� �� EXP. 12/31/� UBI # � 7� � �� ���'( , EXP. ��/� TERM: COMMENCEMENT COMPLETION DATE: TOTAL COMPENSATION: $ ,� J,� (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES� REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT; $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT / CONTRACT REVIEW � PROJECT MANAGER ,� DEPUTY DIRECTOR ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE� (�j �� ���!jd' LAW DEPT i 11. COUNCIL APPROVAL (IF APPLICABLE� INITIAL / DATE REVIEWED 'Z '_-\ 1 ��� � ► COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING `� SENT TO VENDOR/CONTRACTOR DATE SENT: ��,ATTACH: SIGNATiJRE AUTHORIT , T�'-.�-."�"T-E, LICENSES, EXHIBITS � i �C �LAW DEPT � � p T�, SIGNATORY ( �`�1�� � c� ' CITY CLExx AssiGrrEn AG # SIGNED COPY RETURNED � RETURN G�. . ORIGINALS I IAL / DATE SIGNED � �` =Z'l5� I I AG# � j - (�aS� DATE SENT: 0 1�' I� INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D: � � I 11/9 AGREEMEN7 REGARDING SOUTH 32Q STREET LANDSCQPE MEDIAN THIS AGREEMENT REGARDIfVG SOUTH 320"' STREEET LANDSCAPE MEDIAN ("Agreement") is dated as of February 2nd, 201I and is entered into by and among the CITY OF FEDERAL WAY, a Washington municipal corporation ("City'�, THE QUADRANT CORPORATION, a Washington corporation ("Quadrant'�, and KING COUMY FIRE PROTECTION DISTRICT #39, a municipal corporation d/b/a South King Fire and Rescue ("District'�. The City, Quadrant and the District agree as folfows: A. In connection with Quadrant obtaining permits for the development of the East Campus Corporation Park Parcel l, King County Parcel #'s 21546500i0, 2154800010, 2154800030, 2154650150 and 2154650130 that abuts the South 320"' Street right of way between I-5 Limited Access to Weyerhaeuser Way S("Property A'�, Quadrant became obligated to perform certain landscape median work for a corresponding portion of South 320�' Street �'Landscape Median Work" a copy of which is attached hereto as Exhibit A) pursuant to that certain City of Federal Way Agreement and Performance/Maintenance Bond (Permit #BSP98-0003/Bond #5956770) dated ]uly 25, 1999 (�'Landscape Median Agreement and Bond"}. B. The intent of the Landscape Median Agreement and Bond was to allow Quadrant to perform the Landscape Median Work when the property it owned on the opposite side of South 320 street, King County Parcel #'s 5515600005, 5516000i0, 5515600015, 5515600020, 5515600026, 5515600025, 5515600030, 5515600035, 5515600091 and 5515600090 ("Properly B'� was developed, because the Landscape Median Work could not be performed without additional street improvements perFormed in front of Property B. C. Quadrant has since sold Property B to the District and the District has agreed to be responsible for the Landscape Median Work associated with Property A. D. If and when the District physicalfy develops Property B, the District shall complete the Landscape Median Work, which will be a permit condition on development. However, the scope and design of the Landscape Median Work may be modified with the approval of the City based on the District's proposed development of Property B. E. In light of the foregoing understanding and acknowfedgements by the District, the City agrees to release and discharge Quadrant and its Surety from any and all obligations under the Landscape Median Agreement and Bond and will execute such documents or take such other actions as may be required to cause the Bond to be fully refeased. F. This Agreement shalf run with the land and the City shall cause this Agreement to be recorded with King County. Costs of recording this Agreement shall be paid by the Quadrant Corporation. [Signatures Follow on the Next Pages] South 32d"' Landscape Median Memorandum of Understanding - 1 - C:\Documents And Settings\Mikek\LOCaI Settings�Temporary Internet Files\Content.OuUook\MRC40K98\Landscape Median MOU 023 (MTK 122110)-01-17-11.Dooc DATED the day and year set forth above. CITY OF FEDERAL WAY �. By: Skip Prie Mayor 33325 8th Avenue South PO Box 9718 Federal Way, WA 98063-9718 ATTEST: /,�_��� �/ � � � I � `I . �. APPROVED AS TO FORM: ��. .. ._...._ � � � �� , �, . .. . . _ .. . ,� City Attorney, Patricia A. Richardson [signatures continue on next page] South 320"' Landscape Median Memorandum of Understanding - 2 - C:\DOCUmentr And Settings\Mikek\LOCaI Settings\Temporary Intemet Files\Content.0utlook\MRC40K98\Landscape Median MOIJ 02 3(MTK 122110)-01-17-11.Dooc THE QUADRANT CORPORATION ������ By: ��� (Signature) ��� ��� (Printed Name) �� (Title) Quadrant Homes Attn: Paul Lymberis 14725 SE 36 Street, Suite 200 Bellevue WA 98006 STATE OF WASHINGTON ) ) ss. COUNTY OF � � ) On this day personally appeared before me �.�Zr� ���� `� , to me known to be the C c� v of THE QUADRANT CORPORATION 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/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GNEN my hand and official seal this ��t day of ���z�-� ,�a �-�t ,, 20�. ov` ���Q�r���s�a�„ i e ` `�.� ����C ��S�r�i��� _ � � �,o ¢� ��� ���� i ve/ = C'J =�.``2o�,�a1��- ''��,, ',, ; �� , , ; .o � �. �': : %�� �,,� � _ ;�° : ' ����'�'� r F �o��w P������ ������►������o����'' . , .��,�1� w� �,tcT � e�c,� _ . �; .A / L �' " - � Ly-> (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires `� 1 `s�i r South 320` Landscape Median Memorandum of Understanding -3- Q:\Groups\Land Development\Projects\�uth 320th (Aka 320th North)\320th Werlay\FINAL Landscape Median MOU 02 3(MTK 122110 1-17-11.Docx KING COUNTY fIRE PROTECTION DFSTRICT #39, a municipal corporation d/b/a South King Fire and Rescue � By: (Signat re Allen Church (Printed Name) Fire Chief/Administrator (Title) King County Fire Protection District #39 31617 1� Avenue South Federal Way, WA 98003-5201 Attn: Deputy Chief Mike Knorr STATE OF WASHINGTON COUNTY OF � � r ) ) ss. ) On this day to me knanm to be executed the foregoing instrument, and acknowledged the said instrument ta be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEI��'�a��► ri `\� � � �, seal this � % \���\ �e'\��lSSfOn �c•��I/�,��r � � ��� ° NOTA y m :�'c' ' :U R ,�: = BI.� ; ; • .•'� , . � .�� (1� � . ��,: �p \\� . ,'�... �����i �F WASN��G��� ����/Il t t I i� I�������� Exhibit s A. Landscape Median Work South 320�' k.andscape Median Memorandum of Understanding day of 20�. (typed/printed name of notar�'f Notary Public in and for the ta e of Washington. My commission expires �� C:\Documents AndSettings\Mikek\Local Settings\Temporary Internet Files\Co�tent.OuUook\MRC40K98\Landscape M� MOU 02 3(MTK 122110)-01-17-i1.Dooc EXHIBIT A LANIkSCAPE MEDIAI'r! WORK [See a�tachedJ South 320�' Landscape Median Mem�ndum of Understanding ° EXhlblt A- C:�Docur�nts And Settings\Mikek\Local Settings\Temporary Intemet Files\Content.OuUook\MRC40K98�tandscape Medan MOU 02 3�lvl 1 1� 1 G21 1 Q� 1— 17-I �.DOCX Appli�c3�tt The C1uad�a�t Cv�por$tion Project: East �ampus Corp. P"�rk Pa�cel � Landscap� Ms�ian P�operty Adcire;�s: So�th 320�' Street Federal Way, iNA 980{33 g��� �: 595b770 ltierrm+t�: BSP98W0003 RC1W�: Bond AmaUnt: 891,800.t3C? Cash Dep�sit Amou�tt: �52.754.00 CiT"Y O� �AL WAY AGREEMENT ANp i�R�t)RMA�110EfMA#MTENAI�ICE 0(3ND T�-ttS A+GREEMEh1T t'�reoment") ia dst�d effootiva this 26�' day af Juiy. 1999. The perti�s t"Pariies"� ta this Apreement are the !City o� Federal Way. a Wash�tar► munl�ipa! cerporartion ("City") and The +Qua�irant Ca�Rct�atio�, $ W�shingtc�� t�rrpOration �"Appficant"?. A. The 1�lpplica+nt is required to pet#urm certain work �nd�c�' oamptete �rta�r� improvements, �ncludrnA �xinatruction cf a landscap+e rnedlan inctuding plants and irtlgation on Saerth 320Lh Stteet f�om Wcyerha�euser W�y to (-5 in �edarel Way. Vtif�attingtan an c�rtnection witt� Applicant's i.snd Use Application und�r the sbo�e-re#et�at�ced perinit {"p�e�rmi;"i; B. The imp�overnents wiii be constructed or the woric performed tn accordence with cirawings end tandscape pla�s t"Pfa�s"a requi��d to be su�itted far �revtew and appfovat prio� #o issuance af a Right of W�y perrnit end starting construction; C. Th� city haa dat�rmin�d ti�at th� Applicant must post security wi�h the City pursuar�t ta Sections 22-i46 ttuQU�h 22-t58 of #he Fade�r�i V1t�y City Code ("FlWCC"? aS now existinp a� he�eafter adapted or amende�l. ta guara�ee �4RPIi+carttit's p�arformancs af t�he �equircd construt�on of itnprovements or performance o� work within thr�e (3� years frot� the date of execution af t�is sgreement �nd as a co�rtfitian of �r�r�ting the Permit. This requirament rr�ay bs furthe� deiayed upan wr�tten raqusst snd approval by the City_ NOW TH�REFClRE. the Perties a�ree as follc�ws: i. � orave��n s. Applicant ahall s�nstruct all impr�varnerfts and perform �Il rn�intenanae pursuant tc� the i'I�ns, to the Clty's s�tisfactton �"Wprk"). 7'�0 obiigation to maintain the improvements shall continuee far a pe�iad of two C�l Years after i�suance af the cernf"tcate of accupancy ar �inai inspeCtion, ot su+ch longer p+ariod ss r�equired by the fi1NCC or ot�er applic�ble law, ruie or cegutation. 2, �amnle�t�+�n of 1Nark. The Applicant shail cornplete the Work ta the City's setis�faction. witf�h the tirt�te pet3ad �arescxr'bad by the City. �nd in full szampllance with tl�� Pta�ts, induding any approved amendments thcrctv, ar►d t� conf�tm��c.� with e�l �ppiicable l�wS, tules vr regul�tfotts. 3. Performsr�+ce/Meincena� Bond. Applic8�t'ti sh�ll defiver the fuliy executad Perfo�rmance! Maintenanae Bond to the Ctty in #ha frarm stta� harer#o ss Eachibit "A" en�i �ncorpor�ted by thi� reference ("Band"1, to ��u�ra�tr�e Applic�rnt's perfarmanc� af the const�uctic�n of the improvements andlor maintenance af the �rnprovements pur�uant to th� Atans, 4. F��I�,� of Bond. Ef the Prirrcipal co�tstructs the improvements in accordance wftfi the terms of the Bond. the Permit and all applicab#e law, the sum of ths Bo�d shsl! be redu�ed by severny percent t7pq6} af#er final inspection and aqprova! of the imprvvements by the Ci#y and tF�e City wili deliver to Principal #he #ulty executed Psrti�t Release af Band attached hereta as Eachibit "8". Except as set forth in tha preceding sentence, the Bc�nd shafl remsin �n fuli focce and effect. That p�ortion of the BoRd equal to thirty �aercent t�0°,6) of the originai penai sum shall remain in full force and effect #or two t2� years after fin�l inspection and approv�l, as a main#enance bond to guarsntee against defective matsrials and workmsnship in the conscructiory of the �mprovements and to insure conti�ued maint�nance of the impravements. Two (2) yesrs after final inspection snd appraval of Che irnprovements and pertomnance af the maintenance, the CitY 'w�l! relsase the rem�ining portion of the Bond by executing and delivering to Principa! the Full Releass of Bond attached hereto as Exhibit "C". 5. Eiight to Comnlete Wc�rk. In the svent the A�pplicant faifs to perform the Vt/ork, the City may, but �n no event is it obligated to, request the disbursement of the Bond from the suraty and perform any af the necessary Wark. Upan d�mand, Applicarat agrees to pay the City an amaunt equal to all of the City`s costs snd expenses in perfvrming such Wc�rk in excess of the amount of the Bond. 6, Notice. The Public Works Department of the City shalt be given forty-eight t48y hours notice prior to the comme�cement of ihe Wark. 7. )ndem if� ica�i�r�, Applicant agrees to indernnify and hoid the City, its electe+d officials, officers, em�loyees, agents, and votunteers harrr�less from any end all cleims, demands, iosses, actians and liabilities tir�cluding costs and ett�rney fees) erising from, resuiting, or connect�d with this Agreement a�d the Band, including without timi#ation, ti�e City's perfiormance af the IMork pursuant to 5ectian 5 he�ein. 8. Administrative Cash Deoosit, I� additit�n #o the amaunt of the Bond, Applicant agrees to pay a cash deposit to the City p�ursuant fio 5eaticm 22Y151 a# the �VNCC, upan the execution of this Agreement equa{ tfl the fvllowir�g percentages of the amount of the Bond: t�. _i . :. . Up t0 �'v2'O.tJ'QO $20.04�1 - v50,040 S50,C141 - �100,000 81 d0,Op41 and up 9 ♦ ! _ ♦ 1 5Rb af Bortd irninimum fi i 00) 4°�6 of Bond 396 af Bond 2 /2% of Bond T'he cash deRosit may be u�ed by the City tq covar its �actt�at expenses in administering this A�reem�nt and, if r�ecessary, co#lecting and using the praceeds f�om the Band. 9. Re�edigs Cumulative, No remedy prt�vided #or by ihis Ag�esment shalt be deemed exclu�ive, but shall be deemed cumulative and in addition to evary other remedy available to the City at 1aw, in equity or by statute. Appticant's liability under this Agreemeni is not Iimited to the amount o# the Band. � �.�-..��- ' • sr .o s r� •• �s. • • s .�• � • • • • e • � s �2- 1 i. Gener�i. Provisions. This Agreement may not be amended except by written agreement signed by #he Parties. Any provision of this Agreement which is declared invalid, shall not invalid�te the rema�ning provisic�ns of th�s fi�greement. The failure ar delay of the City to declare any breach o� defauit shall not waive such b�each or detault. This Agreement may nat be assigr�ed by any Perty without the written cansent of the ather Party. 1'his agreement shall be binding upon and 'rnsure to the benefit of the Parties' successo�s in interest. Time is c�f the essence. The Qua a C rati By: �t�; Sandy D. McDade,Secretary P.O. Box 130 gellevu�, WA 98409 425-465-2940 STATE C?F 'WA5HINGTC)N j � 3S. COUNTY OF KING ) (?n this day per�onally appeared b�efore me, the und�ersigned, a Notary Public in and fvr rhe State of Wasl�in�t.on, duly commissic�ned and swvcn, sand� D McDsde , to me I�w+n to be the secretary of .,.,,_ Qusdrant , the corporation that e�recuted the foregoing instrument, aad acknawledged the said instrutnenc tt� be the free arut voluntary act and d�cl of said corporatian, for the uses and purposes thercin tttentioned, an�: on oath stated that helshe was authtrcized to execute said instrument and t}�at the seal affixed, if any, is the carparate seal of said corporaticrn. GIV�?N �1y h8nti and QffiiCla�l Seal t]1tS y �,das+ Uf S�gQ�I��, 19�. � � tarY signature) ���,gti �'. b��, �, � r U �,�, ��� �''�,RS� { �prinited name af notars') � � N�tary P`ublic in and for the State af � '"`'r'""` � wa�h��m. �� '�'� : My cammission expires:s'����,,�,'� �� � + _ f � .� f a�►�"�` T ClTY OF FEDERAL WAY �y. Kenneth E, Nyberq. Ci#y Manager 3353a 1 st Way Sou#h Federal 4Nay, W,4 9$403 ATTEST: City Clerk, N. Christine Green, CMC APPROV ' AS T� F�RM: �?/t �� Cary M, F�oe. Pu#�lic V1/orks Director -3- C�RP�RATE SEAL OF StJRETY: S8#eca tnsurence Compeny o� Amer�ca Surety 8y; � �„�}- _ Attomey-in-Fact tAttach Power a# Attorney) Jane H . �'ox Name af Person Exe�uutir� Bo�d ia9is wii�ow�s xoaa --_Redmand, WA 98U52 Address 425/37$-8805 PhGAe Bf,�ND NUIIABER: 5956770 i. i � � ;Lf N I hereby cenGrfy ath�t I am the tAssistant) Secr�tary of the Corporation rtamed ss Princic�l in the within bond; ths# s�Y � MeDADE , who s#gned tt�e said bcmd ofl behslf of the Principal, was s�c����,tt� of the said Cotpo�ation: that i kr�aw his or her signa#u�e tt�reto is genu'rne, and f�t said t�nd was dt�y signed. sealed, and attested #or and in behaif o# said Corporat�arf by authovity af its gqventirtp bOdy. L-t.�- � ,��� Assistanx Secretary APPROVE� AS TO �ORM: /V1 /� ��Y �• . Public Works C►irect+�r �:YPR�+15YS1pOCUM8h1T18&P98 UO.D�tflC►YYBOhiD2,fem ��- ���"��g� Q Aro�ect: East Camp� Corp. Park Parcei t Lartidscape 11Aedian Permit �: BSP9$-0003 ClTY �F FEDERAL WAY PERFQRMANCElMAiNTENANCE BANt�? K(�OW A�{. PEOP�E �Y THESE PRESLNTS: We, the undersigne�l, The 4uadran# Corporatian, as prir�cipal ("Pr'tncipai">, and Sa#eca Insurance Company af America, the undersigned corporatian orgar�rzed and existing under the t�vrrs af tt�e State of Wssi�ngton, and legsliy doing business in the State of Washi�gton as a surety {"Surety"), sre held and firmly bt�und unto the City of Federai Way, a Washington mt�nicipal corpor�tion ("City") in the pe�a! sum of hline#y-0ne Thcwsand Eight Hundred and noli00 L7allars t�91,808.00) #or the peyment of wh�ch they firmty bind themselves and #heir iegal repressntatives successors and s�s��n�, jo'sntty and se�rerally. This obligation is entered inta in pursuant ta the statutes af the State of I+Nashington and the ordinances, regulatians, standards �nd policies af the City, as now existing or hereafter amended ar adapted. The P�incipal has entered into an Agreement w'rth the City of even date to const�uct a landscape median including plents and icrigatian on South 3�Oth Street. NQW, TH�REFORE, if the P�incipal shall psrfprm all the prpvisions af the Agreernent 3n #he m�nner anr! uvithirr the time period prsscri6�d by the City, vr within such exte�sions of time as may be granted under the Agreem�nt, snd shall �y a!1 I�barers, mechanics, subcontrsctors and material men c�r women, and al! persans who sha1M supply the Principa! or subcontractars with provisions and supplies for the carryiing on c�f said work, and shali hold the City, their afficials, agents, employees ar�d vo{unteers harmless from any lass or damage occas%oned to any persan or praperty by ressun of any carelessness or negligence on the �aart af the Principal, or any subcantractor in the p�arfornn�nce of said work, and shall indemnify and hold the City harmless from �ny darnage or expense by reason of failure af performance as specified in the Agreement, ar f�om defects appesring ar develaping in the material or v�rc�rkma�tship provided or performed under the Agreement withi� a period of two {2? Ye�rs after its final accept�nce thereof by #he Gity, then �nd in the event this obiigation shall be vaid; bu# otherwise, it shall be and remain i� full force and effect. And the Sc�rety, faE vaiue seceived, hereby #urthe� s#iputates and agrees that no change, extension of time, atteration or acidition to tF�e terms of the Aqreement ar ta the work to be perf�rmed thereunde�r or the specifications accornpanying the sarne shalt in any way affact its ok�ligation on this t�ond, and it does hereby waive notice o# any change, extension of time, alter�tions o� additions to the t�rms of Che Agreement or to th� Work, The Surety h�r+eby a�ress that rnodifications and chang�s may be m�de in the terms and provisions of tF�e Agreement vyrithciut notice io Surety, and any such mc�difications or changas increasing the tatsl arnaunt to be paid th� Principat sl�al! automatically i�crease the obligstion of the Surety on this Parformance 'Bond in a tike amour�t, such increase, howeaer, not to exc�ed twenty-f�ve percent t25%1 af the origir�al amount of this bor�d without the consent of the Sure�y. V�Jiihin farty-five (45? daYs of receiving rtcrtice that the Principal has de#�ulted o� all or part of the terms of the Agreement, the Surety shali make a written commitment to the City that it wi11 either: (a) cure tha dsfault itself within a reasonable time peri�al, or ib1 tender to the City, the amount necessary for the Gity to remedy the default, including legal faes incurred by the City, or ° in the eve�t that Surety's evalu�tion of the dispute is not compiete ar in the event the Surety disputes the C`rty's claim of def�uit, the Su�ety sh�lE natify the City af its finding and 'tts intent, if any, ta interQlead. The Surety sh�li then fuifill its obliga#ions undet this bond, accar�ir�g to the optian it has elected. Should Suretq eiect �ption ta? to cure the default, the penal sum af the Bo�d sha�l be reduced in an amvunt equal to the costs actuaNy incurred by the 5urety in curing the de#autt. If the Surety elercts vpti4n Cb), then upo� campletivn of the necessar�r work, the City shaCl notify the Surety of its actual casts. The City shall return, writhaut i�terest, �ny overpayment msde by the Surety sind the Surety sha11 pay to the City any s�ctuaf costs which �xceed the City estirnate, limited to the bond arnou�nt. Should the Surety elect optia�n (c1, the P"arties shall first complete participation in medliation, described in the below paragraph, prior tv any interpfead aetion. In the evet�# a dispute should arise between tt�e Parties to this Bond with respect to the City's declaration v# de#ault by the Prir�cipal, the Parties agree to participate in at least faar hours of inediaditm in accordance with the mediatian procedures of United Statss Arbitra#ion and Mediation i"USA&M"). The Psrties shall proportiona#ety share in the cost af the mediatian, The mediatiort shafl b�e administered by the Seattle USA�eNI o#fics, 43t}0 Two Unian Square, 6fl1 Union Street� Seattle, Washingt4n 98101-2327. The Surety shmlf not interptead prior to completion of the mediation. [3ATED this day of , 199�. CORPt�R}#TE SEAL OF PRiNCIPRL: The By: � �� Name Perso� Execuiing Bvnd Its: tTitle) P.O. Box 13Q Bellevue. WA 98409 425-455-29Q0 -2- F�HlBfT B PARTIAL RELEASE OF SOND # Th� undersignad hereby acknowisdges that a portion of the conditions of the Agreement and PerformancelM�intenance 8and far East Campus Corp. Park Parcel 1 Landscape Median on S 32Qth Street, BSP98-0003, have heen satisfied and her8by authorizes tFt� release of sn amae�nt equal to Sixty-four Thou�nd Two Hundr�ad Sixty Dollars {�6�4,264.00). The rema�ining funds equslin� thirty (30°�6) of the cvst vf the work vr improvemer�ts shall be retained by fhe City far a period ofi two (2f years as security for Assigna�'s perfarrr�ance of a11 maintenance f�rthe above described project and as a guarantee against defectiWe materials ar workmanship in the construction and �naintensnce of such improvements. C}ATED this day of , 189�. CtTY a� FEDE�€AL WAY � (Name, 7itle) . .� FULL REL.EASE O� Bt�ND # The undersigned he�eby ecknvwle�ges that #he twa (21 year �nairnenance period has expired, that the work or impravements covered by the Agreement and Performance/ Maintenance Bond far East Csmpus Ctxp. Park F'arcel 1 Lar�dsca�re Median on S 320th Street, BSP98-Ot�03, have been eompteted to the City's satisfaction and that the City i� not aware t�f any defect in workmanship or materia�ls. Accardingiy, the undersigned h�reby releases the sum of Twenty-seven Thausand Five Hun�dred Forty oollars {527,540.00). DATED this day of , 18_ GITY t7F FEDERAL WAY ey: (Name. Titl�} e �� SAFECO INStJRANCE COHAVANY OF AMERICA GENERAL INSURAtiCE COI�ANY OF AMERICA �� OF ATTaRNEY F1C�ulE C�FIC& $6FEC0 �IAZA s�wtr�e. wa�ar�ra+ �a�ag �!'ti�rv No. S�8 � KNOW Atd. OY THESE PRE8EFIT8: That SAFECO tt�l9t�tAt�E COAAPANY Ot' ANIERIGA and OENERAL IN$URANK� CONIPANY OF Al�itlCA �aCh a WaShir�gtp► CaPo��;on. does each hereDy eppoiM arrr�wM�rwrssRrsrxrrr�sr�«rrrMxro�t,}p�� �{, FOxrr�s�rrsr�r�r�rrr�ar�s��rrrrrrrrrrrarrr��i�r�r:r�■ its true �d iawtut attCr�ey(s]-�n-taGt, with 1ulo aruthoriiy ta execute � its be�f tideiiry �d St�rBty bC�nds or ur�ertmltin�5 end Othe�' dnc�rrsents ot a s�rwlar aharacter issued 1n the Caurse of !ts tw�ness. �+d t�o �nd the respsctive cort�par�y thereby. �n� wirr�ss w��EOf Sl►FECO INStNiA�E CO�MAl1i�tY Cf AMERlCA and t3ENHRAL INSURJ►A�E COMPJ►NY OF AMERICA have eacA executed and attes�etl the5e p�esentS ��s 4th e�ayot Janugrv . tg93 CERTlFICATE Extr�f fram tt� 8y-Laws ot SAFECC INSURA�iCE COMPANY OF 1lMERlCA and af CiEt�R/►G iNSL�ANCE CfiMPANY OF AMERlCA: "ArtiCie V, SeCtion 13. - FiDELIT'1' t4ND SUFiETY BCJkVQS ... tMi Prrsid6rlt. �sy ViC� President, tha Secretary, arx! ary Ass75fant Vkce President a�ai�ted f� tt+at purpose by+ the ptticer tn charqe ot Sursty operations, shall each Aave auihoriry to appWni in�vfduals as atta�neys-m-facC or urxler ather approprfate titles with a�uthoFiry to execute on bet+aF( of the ca�rper�y ti�tity and �rety taands and OThdl' tl�Ci7'��TS Of SkT1i1�' CtW�'BGt�` iSSu@tl !iy th8 COrT1p21tiy itt the CO�J�'S6 Of it6 bu5i�5S ... O� afly i�strurtient makinQ or 9Yid9tiCin9 su� appointment. the siqnat�as may be alfix� d� tacshh�ile. On arnl irastrun�t conferri�g such autnarity ar an a�y bdnd or undertakin� ot the camparryr, tlse seat, or a tacsimile t1�-�f, may bo impressed or effix8d Or in eny ather �r reprOd�ced; prwideq, however, th,di tMe 588f Sh�ll fl0t b8 t19C85S2ry t0 th8 v�idify Cf �r1�y SUCh iit5irt7n8�tt Or tXtd8tt8kiflfl." E�+ctrac� fran a Rssdution o! the 6�oara ol Oirectors ai SAFEGQ INSt�tAt� C4MPAMY 4F AMERiCJ1 and oi O!Et�tAL lNSURAI� COI�AN'Y OF AJ�Cl1 adoP=ed .,k#y 28. 19"70. "On eny ce�'titiCate exeCUted by the SeCretdry Or �t B�Stent Secretary Of tlte Gar'r'ipany Settirrp G�t, fi) The provisions oi Artida V. Sectior� 13 vt the By-lawrs. and tii) A copy of ihe pow�-af -attarney appWnttnent, executed pursu�r►t tAereto, an�f {ii0 Certifyi�g that said power �poin�t is in tutl farce and etfect, ihs si�natcrre o/ the c9rYrfying oftiCer may be by tacsimiie. ar�d ihe seat ot the Canpary may be a ta�simile ti�eot.• i, R. A. P�erson, Secreta�y of SAFECO IMSURANCE GOMPANY CF AMERICA �si oi EiENERIIt tNSI�iANCE CO(NF'ANY OF AII�RICA, do hereDy cen�fy that the ioregoing extracts of the By-laws and of a Resdutia� 01 iMe Board ot [}ireciors at these corporations, a�x! af a Pawe� of Anorney issueCS pur�at thersto, �e �r�a and carrac7, md that batn the F�+-�.aws, the ResoPution and tho Power oi AttOrn6y 8M'e sTill ifi full fOrCA �1d 8ff9Ct. !N WITNESS VVHEREOF, 1 have hereix�to sst my h�f ar�d atfixed the facstmile s�� vt sa►d corporarion tt�s qay of 19 S-OT+ufP 11'� � RaQistered t�sASmlrk at SAFEGO Cor�stitw�. CITY OF � Federal Way MEMORAND UM DATE February 10, 2011 To: Skip Priest, Mayor FROM: Marwan Salloum, P.E., Deputy Public Works Director RE: AGREEMENT REGARDING SOUTH 320� STREET LANDSCAPE MEDIAN In connection with Quadrant obtaining permits for the development of the East Campus Corporation Park Parcel 1, that abuts the South 320 Street right of way between I-5 Limited Access to Weyerhaeuser Way S, Quadrant became obligated to perform certain landscape median work for a corresponding portion of South 320 Street A. Quadrant requested and was approved to enter in to and agreement and provide a performance Bond for the required work that allow Quadrant to perform the Landscape Median Work when the property it owned on the opposite side of South 320 street get developed. Quadrant has since sold the parcel to the North of S320th Street to the Fire District and the District has agreed to be responsible for the Landscape Median Work. In light of the foregoing understanding and acknowledgements by the Fire District, the City agrees to release and discharge Quadrant and its Surety from any and all obligations under the Landscape Median Agreement and Bond and will execute the attached agreement so the original Bond can be fully released. This Agreement will be recorded and it will run with the land Three original copies of the Agreements are being submitted to you for your signature. Please date sign each original document.