Loading...
AG 96-274~-~I~/~I~T~I[L~ CONTRACT PREPARATION/DOcUMENT REVIEW/SIGNATURE ROUTING SLIP Applicant: St. Luke's Lutheran Church Bond #: 76-0120-06430-96-1 Project: St. Luke's Parking Lot Permit #: BLD 93-1213 Property Address: 515 S. 312th Street Bond Amount: $25,595.00 Federal Way, WA 98003 Cash Deposit Amount: $1,024.00 CITY OF FEDERAL WAY AGREEMENT AND MAINTENANCE BOND THIS AGREEMENT ('Agreement') is dated effective this 12th day of November, 1996. The parties ('Parties') to this Agreement are the City of Federal Way, a Washington municipal corporation ('City') end St. Luke's Lutheran Church, a non-profit corporation ('Applicant'). A. The Applicant has performed certain work and/or completed certain improvements, including improvements related to a 56-stall parking facility with street improvements and landscaping at the above referenced address located in Federal Way, Washington in connection with Applicant's Land Use Application under the above-reforencod permit number ('Permit'); B. The improvements have been 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 the Applicant must post security with the City pursuant to Sections 146 through 159 of the Federal Way City Code ('FWCC') es now existing or hereafter adopted or amended, to guarantee Applicant's maintenance and/or repair of the improvements in accordance with the Plans as a condition of granting the Permit. NOW, THEREFORE, the Parties agree es follows: 1. Maintenance Oblination. Applicant shall maintain the improvements in good operating appearance, condition and repair and perform all maintenance pursuant to the Plans, to the City's satisfaction. 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 applicable state or federal law, rule or regu;afion. 2. Maintenance Bond. Applicant shall deliver the fully executed Maintenance Bond to the City in the form attached hereto as Exhibit 'A' and incorporated by this reference ('Bond'), to guarantee Applicant's maintenance of the improvements pursuant to the Plans. 3. Release of Bond. The Bond shall remain in full force and effect for two (2) years after final inspection and approval, as a maintenance bond to guarantee against defective materials and workmanship in the construction of the improvements and to insure continued maintenance of the improvements. Two (2) years after final inspection and approval of the improvements and performance of the maintenance, the City will release the Bond by executing and delivering to Principal the Full Release of Bond attached hereto as Exhibit "B". 4. Riaht to Comolete Work. In the event the Applicant fails to perform the maintenance, 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 in connection with the maintenance and/or repair of the improvements. Upon demand, Applicant agrees 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. ORIGINAL 5. 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 Agreement and the Bond, including without limitation, the City's performance of any maintenance and/or repair of the improvements pursuant to Section 4 herein. 6. Administrative Cash Denosit, In addition to the amount of the Bond, Applicant agrees 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 Deoosit Up to $20,000 5% of Bond (minimum $100) $20,001 - $50,000 4% of Bond $50,001 - $100,000 3% of Bond $100,001 and up 2-1/2% of Bond 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. 7. 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. Applicant's liability under this Agreement is not limited to the amount of the Bond. 8. License. Applicant shall record a license in the form attached hereto as Exhibit "C" and incorporated herein by this reference with the King County Department of Records, immediately upon the execution of this Agreement and at Applicant's cost. 9. ~. 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 insure to the benefit of the Parties' successors in interest. Time is of the essence. 10. Campbell Construction Co., [nc. a ST. LUKE'S LUTHERAN CHURCH corporation organized, existing and licensed as a General Contractor B under the laws of the State of Washington wholly owned by Clinton Its: ~_~ and Joy Campbell, members of St. Lukes 515 S. 312th Street Lutheran Church, shall become co-principal on the Maintenance Federal Way, WA 98003 Boind to facilitate its delivery (206) 839~172 hereunder. CITY OF FEDERAL WAY By: ~ 33530 1st Way South Federal Way, WA 98003 -2- City ¢l®rk, N. Chri.~tin~ Gr®~n, C~C APPROVED AS TO FORM: ~.~Lond~ K. L, ndell, City Attorney -3- EXHIBIT A pmj~t:, st. I.u~'= Lue~m ~ Permit #: BLDg3-1213 CITY OF FEDERAL WAY Bond No. 76-0120-06430-96-1 MAINTENANCE BOND KNOW ALL PEOPLE BY THESE PRESENTS: Campbell Construction Co., Inc. We, the undersigned St. Luke's Lutheran Church, a non-profit corporation ('Principal') and United States Fidelity and Guaranty Company , the undersigned corporation organized and existing under the laws of the State of Mar.yl and 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 Twenty-Five Thousand, Five Hundred Ninety-Five Dollars and No/100 ($25,595.00)for the payment of which they firmly bind themselves and their legal representatives, successors and assigns, jointly and severally. This obligation is entered into in 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 Principal has entered into an Agreement with the City of even date to maintain improvements related to a 56-stall parking facility with street improvements and landscaping at 515 S. 312th Street, Federal Way, Washington, 98003. NOW, THEREFORE, if the Principal shall perform all 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 shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold the City, their officials, agents, employees and volunteers harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of the Principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City harmless 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 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 the Principal shall automatically increase the obligation of the Surety on this Maintenance 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 Principal has 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 © 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 shell 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 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 intarplead prior to completion of the mediation. DATED this 15 h day of November , 19_~..6 CORPORATE SEAL OF PRINCIPAL: ST. LUKE'S LUTHERAN CHURCH (Name of Person Executing Bond) Its: ~/'/~-~z~ ~,~_~ -- 7-~7~.~ ~ (Title) 515 S. 312th Street Federal Way, Washington 98003 (206) 839-0172 2702 N.E. 50th Avenue Tacoma, WA 98422 (206))) 838-0585 -2- United States Fidelity and Guaranty Company CORPORATE SEAL OF SUREI'Y: Surety ./ Attorney-in-Fact J (Attach Power of Attorney) John C. Beeson (Name of Parson Executing Bond) P.O. Box 84187 Seattle, WA 98124 (Address) (206) 467-5858 (Phone) APPROVED AS TO FORM: L~LONDI K. LINDELL, CITY ATTORNEY CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within bond; that , who signed the said bond on behalf of the Principal, wes of the said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary or Assistant Secretary -3- 1255252 UNITED STATES FIDELITY AND GUARANTY COMPANY Po,, .oF U S F+G NO. 108612 KNOW ALL MEN BY THESE PP..ESENTS: That UNITED STATES FIDEI.{'I~ A~D GUARANTY COMPANY, a corporation orpnined and e~is~ing under the laws of the S~le of lV~land and having its principal office at the City of Baltimore, in the State of Ma~/land. does hereby ~onshUae and appoint John C. Beeson, Charles F. Bugge and Cathryn N. Da±l of the City of Seat tle , ~ of WashJ_ngtoll its tree and law~l Attomey(s)-in-Fact. each in their capacity if more than one is nmu~d ~bove, to si{n its name as surety to, and to ex~m, ~ and ack~owleds~ any and all bond~, under.~kings, conUm~ts and other w~i~len instnunents in the nalu~e the~uof on behalf of the Company in its busings of ~mnmt~ the fidelity of pemo~s; guarantoein$ the pe~fommnn~e o f c. ontra~ts; and executing or guaranteeing bonds and unde~takin{s mqui~ed or penultled in ~ny ~inns or pro~eedimgs allowed by law. In Witne~ Whereof, lbo said UNrlko STATES FIDELITY AND GUARANTY COMPANY t,.. cau~.d this inmntment to be naiad with de ~ospomto duly aa~sled by the siguatu~ of its Senior Vi~ prenldent and Assistant Secr~ary, this 15 th duy of July , A.D. 19 9/4 . G uNrrEo STATES FIDELrrY AND aOARAWrY COMPASS,' (Sip,d) ~y...~ .................... / ) IS.,orVie. P..ide.t ,, ........ .............. O~sl5th dayof July ,A.D. 19~4,~ommepo~n~ ~ Robert J. Lamendola ,. Se~or Vice President of the UNfr~io STATES FIDEIATY ANI~ Q~NTY COMPA ~N~ ~k Paul D. ~ms , Amnant Lamendola .nd Paul D ~q~ ~4~ weremspe~nlolVi~eP~id~ntnndtbeAssislantse~a~t of die *~d ~TEO STA~S ~zrr~ A~ ~.A~t~MPA~, ~doo de*~.~*d ~*l~'~d th. fo,..,~ Po--, o~ At~.ey; ~ ,hey each knew the sent of said cos~oomsion; that theq~l d~t~xed to said po~ltomey wu such.~.~lt/nal, ~ ~t ~ ~o affixed ~ o~der of the ~ of Du.'eton of uid corpo~ntinn, and that they signed their names there~o by I~e~ns ~nior Vice prq~lz~nd Anis~ant Sec~ntr/. ~espectively, of the Company. Mycomn~nion~x. pli~sthe llth d~yin..~'~rch .~1~"'{~ 95. RESOLVED. thai in connection with the fidelily and surety insurance business of the Company, all bonds, undetXakings, contracts and olher inslsumenls ~lnXing to said business may be signed, executed, and ~cknowied~ed by persons or entities appointed ns Al~omey(s)-in. Fnct pursuant to · power of Aeomey i~ued in ~ccotdance with lhese resohintinns. Said Powel~s) of Al~omey for nnd on bohd f 0f the Company n~y and shill be executed in the tmn~ ~nd on bohalf of the ConqmnY, either by the Chairman, or the president, or an Executive Vice president, or · Sen~or Vice President, or a Vice President or an Assislanl Vice Presidenl, jointly with the Secr~nry or ·n Assis~nt Secret&~, under their respective designntious. The signature of such officers may be engraved, printed or [itho~aphed. The si~tu~ of each of the for~gnlng o~cers and the se~l of the Company may he nfl'tx ed by Incsimile to any Power of Attorney or to any certificate elating thereto appointing Aeomey(s)-in-Fact for purposes only of executing nnd atteshng bonds and u oderl~dngs and ether w~tinp oblipto~y in the natu~ the~of, and. unless subsequently revoked and subject to any llmitations set fo~h therein, any such Power of Attorney or certificate bering such I~;simile signatuz~ or facsimile .al shall be vnild ned binding upon the Compnny ii~d ~ly such power so ex~cuted and ce~ified by such f&csimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaldn8 to which it is validly at~,cbed. R.~SOLVED, thai Al~omey(s)-in- F~ct shall have the power and anthodty, unless subsequenlly mvohad ~md, in any c~e, subject to the terms and limila~ons of the Power of Attorney issued to them, to execule and deliver on behalf of the Company and to a.~ch the ~al oftbe Company to any and all bonds and and otber wti0ngs oblipto~ in the nl, P.I re thereof, nd an)' s~ch in stz~ment executed by such ARone~s)-in-Fncl shell be ~ bindin8 upon the Company as if nlgned by an Executive Officer and sensed and nlle~ted to by the Secreta~ of the Company. Paul D. SiI{ls , an Asmi~ant Secreta~/of the uNTrED STATES FIDELrrY AND GUARANTY COMPANY, do hereby c~rtify till the fo n~gning is a true except f~um the Resolution of the ~id Company ns edopled by Jul Board of D~rentors on Septsmber 24, 1992 and thel this Resolution is in f~ll forc~ and effect I, the under, geed Assist. et Secre~ of the UNITED STATES FIDELITY AND GUARANTY COMPANY ~o hereby eeaify ~ the foregoing Power of Atlorney is in full force and effect ·nd bas not been revoked. la T~stimony Wbcr~of, lbeyeberc~nto se~ mybend and th~ ~:~Ioft~rrE~STATESFIDFeLrrYANDGUAR.~.I~rr¥COM~ANYontlfis] ~h day of November .,9 96. // ,"~ F$ 3 (10-921 EXHIBIT B FULL RELEASE OF BOND # TERMINATION 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 Maintenance Bond for St. Luke's Lutheran Church, Permit No. BLD93-1213 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 Twenty-Five Thousand, Five Hundred Ninety-Five Dollars and No/100 ($25,595.00). 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 ,19 CITY OF FEDERAL WAY By:. (Name, Title) EXHIBIT ~: FILED FOR RECORD AT REQUEST OF: THiS SPACE RESERVED FOR: St. Luke's Lutheran Church RECORDERS USE: MAIL TO: CITY OF FEDERAL WAY 33530 1ST WAY SOUTH FEDERAL WAY, WA 98003 ATTN: Stephen Clifton LICENSE The undersigned owner of certain real property located in Federal Way, Washington and legally described es follows: Lots 7, 8, 9 and 10, Thomas Addition as recorded in Volume .59.6, Records of 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 Maintenance Bond of even date entered into between the City and the undersigned and incorporated herein by this reference. DATED this~day of ///D ~// , 19~_~ ST. LUKE'S LUTHERAN CHURCH [Individual Notary] [Corporet® Notary] STATE OF WASHINGTON ) STATE OF WASHINGTON ) ) ss. ) es. COUNTY OF KING ) COUNTY OF KING ) On this day personally appeared before me, On this day personally appeared before ma ~ f / /~ ~ ./?~).Y~ to , to me known me known to be the individual{s) described in and who tob®tha of St. executed the foregoing License, and on oath swore that Luke's Lutheran Church, the non-profit, the corporation he/she/they executed the foregoing instrument as that executed the foregoing Ucense, and acknowledged his/her/their free and voluntary act and deed for the uses the said instrument to be the free and voluntary act and end purposes therein mentioned, deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was GIVEN my hand end official seal this '/'~'- day authorized to execute said instrument and that the seal of ~_,h J~.~ ~-~/ ,19~._~. affixed, if any, is the corporate seal of said corporation. /~/} GIVEN my hand and official seal this day ~ (nqtary signature) of ,19__. (typed/printed name of notary) Notary Public in and for the State of Washington. (notary signature) My commission expires ~/~/~ ~ ~/~ ~ h/I (typed/printed name of notary) / ._j Notary Public In and for the State of Washington. My commission expires pw k:~oont raet~tluke~ .rant '1 '1112/~S ORIGINAL