AG 11-028 - QUADRANT CORPORATIONxETUxlv 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 ��'
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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 -
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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 -
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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��- ''��,, ',,
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,
.��,�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' '
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�����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.