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AG 96-180 Ít> ITa: 'f..oN G. F"EDERAL WAY LAW DEPARTMENT PREPARATION/DoCUMENT REVIEW/SIGNATURE 1. ORIGINATING OEPT./OIV.: fJußi-'C (...!e.fU(. ~^"~ 2. ORIGINATING STAFF PERSON: 4. TYPE OF DoCUMENT REQUESTED (CHECK ONE): 0 PROFESSIONAL SERVICES AGREEMENT 0 MAINTENANcEfLASDR AGREEMENT 0 PUSLIC WORKS CONTRACT 0 SMALL PUSLIC WORKS CONTRACT ILn. THAH "',0001 0 PURCHASE AGREEMENT IHATn'AL.. Su..u", EOUO.MENTI 0 REAL ESTATE PURCHASE & SALES ASREEHENT ROUTING SLIP J)C""¡C,,--,,'PIX-NT -SL,t o{l«-j EXT: '/137 3. DATE REQ. By: .:J/n/9r.. ~CU~DOCUHFNT «.0- AOOEEMCHT & .<B"HA'H .O~AB.'OH.EHT O. 'HHO. 'H LOCH O' BOHO' 0 CDNTRACTDR SELECTION DDCUHENT C<.D., O'B. OF., O'al 0 CONTRACT AHENDMENT 0 EASEMENT 0 OTHER AI3#: 318ft, fJf/-.c¡l~fCONtlh....t3UI....ìJ¡N¿.J, S. PROJECT NAME: ADDRESB: 6. NAME OF' CONTRACTOR: TYPE OF PERSON OR ENTITY (CHECK ONE): PHONE: TAX OC#fBS#' 0 INDIVIDUAL 0 PARTNERSHIP 0 SDLE PROPRIETORSHIP STATE' 0 CDRPORATION SIGNATURE NAME: TITLE: 7. SCOPE OF' WORK: ATTACH EXHISIT A' A COMPLETE AND DETAILED DESCRIPTION OF THE SERVICES OR SCOPE OF WORK, INCLUDING COMPLETION DATES FOR EACH PHASE OF WORK AND LOCATION OF WORK. s. TERM: COMMENCEMENT DATE: COMPLETION DATE: 9. TOTAL COMPENSATION: $ (INcLUDES EXPENSES AND SALES TAX. IF ANY) ". OACCULATEO OH HOU"Y LAOOO CHA'OE - ATTACH .CHeou,.. "' EN.com. mLEO ANO HOU"Y ..T'" REIMSURSASLE EXPENSES: DYES DNa Is SALES TAX OWED? 0 YES 0 No 1 O. SELECTION PROCESS USED (CHECK ONE!: IF YES, MAXIMUM DOLLAR AMOUNT: $ IF YES, $ 0 CONTRACTOR OC'TV 0 REaUEST FDR BIDS 0 REaUEST FOR PROPOSALS 0 REaUEST FOR QUDTEB 0 REaUEST FDR QUALIFICATIDNS 0 ARCHITECT & ENG'NEER L'ST 0 SMALL WORKS RDSTER 1 1. CONTRACT REVIEW 0 DIRECTDR rI LAW IALL CONTRACTS] 0 RISK MANAGEMENT 'ALe COHTRACT. EXCE.T AMEHoMeHTO, COHTRACTOR ."'CTOOH oocuMeHTI 0 PURCHASING 12. CONTRACT SIGNATURE ROUTING ~OEPARTMENT '¡;:TY :::RAKGER ilf SIGNED COpy SACK TO DRIGINATING DEPT. ~ ASSIGNED AG # Of/¡;-fI},O 0 PURCHAS'NG' PLEASE CHARGE TD' COMMENTS SCI!c Jf7T/teIf{1C-WF:. INITIAUDATE APPROVED ().~< 1:21 /16 --- ----------- WHOTE - DO'O,NAC "AY' WITH COHTRACT CANAR" , .O<O..D ,.m P'NK - CAW DCPT. caCOENROO' DO'DON,,'N. 'OA" LO'" ,.C" ."5O f1C7 1&-/&0 Applicant: Project: R & F Properties South 348th Street Professional Building Property Address: 720 South 348th Street Federal Way, WA Bond #: W 61 \.£ic1 I Permit#: BLD 95-0874 Bond Amount: $200,000.00 Cash Deposit Amount: $5,000.00 CITY OF FEDERAL WAY AGREEMENT AND PERFORMANCE/MAINTENANCE BOND THIS AGREEMENT ("Agreement") is dated effective this 20th day of June, 1996. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City") and R & F Properties, a Washington partnership ("Applicant"). A. The Applicant is required to perform certain work and/or complete certain improvements, including site work associated with the development of three (3) professional office buildings including grading, paving, drainage and modifications to that body of water identified in the West Campus Master Drainage Plan as Lake #6, located northwest of the intersection of 9th Avenue South and South 348th Street, including construction of an earthen berm and installation of a subsurface flow control structure to regulate the discharge from Lake #6, 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 the 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. ImDrovements. 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. ComDletion of Work. The 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 form attached hereto as Exhibit "A" and 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. ORIGINAL 4. Release of Bond. If the Principal 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 Principal 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, 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 remaining portion of the Bond by executing and delivering to Principal the Full Release of Bond attached hereto as Exhibit "C". 5. Richt to Comolete Work. In the event the 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, 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. 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. 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 the Work pursuant to Section 5 herein. 8. Administrative Cash Deoosit. 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 $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 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. Applicant's liability under this Agreement is not limited to the amount of the Bond. 10. ~. 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 Applicant's cost. -2- 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 insure to the benefit of the Parties' successors in interest. Time is of the essence. ( ;'F~~ö~ ~ ., Robert D. Scholes Its: Partner c/o ESM, Inc. 34004 - 9th Avenue South, Building A Federal Way, WA CITY OF FEDERAL WAY BY' ~ð~~ fKennet E. Nyb rg, City Manager 33530 1 st Way South Federal Way, WA 98003 A mST, C1.¿.d: ~ APPROVED AS TO FORM: K,'bond._",.AGT 3-22,..1."'091 -3- ---~ EXHIBIT A Project: S. 348'" St. -- ........ CITY OF FEDERAL WAY - I-.IIU) "-0874 PERFORMANCE/MAINTENANCE BOND /' KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned, R & F Properties, a Washington partnership, as principal ("Principal"), and Contractors Bonding and Insurance Company (CBIC), 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 Two Hundred Thousand and no/100 Dollars ($200,000.00) 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 perform certain work and/or complete certain improvements, including site work associated with the development of three (3) professional office buildings including grading, paving, drainage and modifications to that body of water identified in the West Campus Master Drainage Plan as Lake #6, located northwest of the intersection of 9th Avenue South and South 348th Street, including construction of an earthen berm and installation of a subsurface flow control structure to regulate the discharge from Lake #6, in Federal Way, Washington. 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 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 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 (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 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 24m day of JUNE ,199~. clo ESM. Inc. 34004- 9th Avenue South..Buifding A Federal Way, WA (206) 838-6113 -2- By: " i CORPORATE SEAL OF SURETY: ERIC STRKIN Name of Person Executing Bond 1213 VAlLEY S1REEI' SFA'IT'I F IJA QR1 ()Q Addréss (206) 628-7200 Phone APPROVED AS TO FORM: ¿a,~ITY ~OR~ CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Surety in the within bond; that . who signed the said bond on behalf of the Surety. was 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 I(,-AGR -3- "~"""'., "','" ,,'" ,i~~;1%:':~~:~7~~'~.i';,j\,;;i;:;;::"¿',i;:::::,,<.;;',,,,">::d1': 'CONTRAC'rORS¡jQ'loo:t:;ÀNDINSOAA~CEC""'PAWIS'RÉSPóNSì¡lEO!I BoNI>OescRI!£!J' ' '-'rÓ1ÍiltÄi.lO!.NTSET'0R1'iI""lHIs'U\<n-ED""':',~"", ': 1~~.~~'1~~iê:~~~,~~~;.::~'j¡'t '".. ,. ,>.. , ,;"', " "':"""'-:":"'" "" ""',/~,;;:.j. ..",::,:...;,.tJj:; )(; """""":""...., . ,,' '¡', "::<~(+:.-, "-:.i'a¿;,ò.(!t.A¡,¡'ij"~,,,):,>:;\,' """" """;,;"""::";':':',"'i':'....';:"'""""";::",,,..".,.....':,:¡':-:;:[?,~ KNOW.w.1O;N OY!!IESE FRESeITS"d;"CONmACTa!SOOOÐNG.'" NSlJRANÅ“"""AINY,. """",,~ dÚY_."'~d u."'" ,-~, Inn ,It""",. of"""'",,", ~d "'.'"" 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"'-""- ._, ~~~"""~""""""'hoy'A""""'."_"'..""od"-."""""" IN WlT>Ð!WH"""'F.I""',..."", "'my '"d"d m"~""_I";:~I~W"~"""""" STA.n; OF WASHINGTON W.QI.LVAHlIDS1'E)} My A~",ont "P¡"'JAN 0, 1 N... TII, '_M. ""'" ",......"""........ deh.... "aMRA"""" -"""""AACE"""""Y""""r_u .." ,- d"'-"""'GONlRAC1aBIICNINGAND NSIJtINÅ“-. ""d,.."", ,01 .........,"" ....01 -- ",'" OI'g,," _d AIto"",'..wdby.. "'-...,..., """""tho",.",........ _d AIto"",i," - ,"" ""..... """"01" my""." Seatt Ie, WA CL.I.-. 9. -T J..L--- v ~. 24 doy" JIJN ,,~, A1IT2i1294 EXHIBIT B PARTIAL RELEASE OF BOND # The undersigned hereby acknowledges that a portion of the conditions of the Agreement and Performance/Maintenance Bond for South 348th Street Professional Building, Permit No. BlD 95-o874have been satisfied and hereby authorizes the release of an amount equal to One Hundred Forty Thousand and no/100 Dollars ($140,000.001. The remaining funds equalling thirty (30%1 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 ,199_. CITY OF FEDERAL WAY By: (Name, Title) EXHIBIT C 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 Performance/Maintenance Bond for South 348th Street Professional Building, Permit No. BLD 95-0874have 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 Sixty Thousand and no/100 Dollars ($60,000.00). 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) FILED FOR RECORD AT REQUEST OF: R & F Properties MAIL TO: CITY OF FEDERAL WAY 33530 1ST WAY SOUTH FEDERAL WAY, WA 98003 ATTN: Ron Garrow EXHIBIT D THIS SPACE RESERVED FOR: RECORDERS USE: LICENSE The undersigned owner of certain real property located in Federal Way, Washington and legally described as follows: Legal description attached hereto as Exhibit "'" and Incorporated herein by this reference ("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 and the undersigned and incorporated herein by this reference. ð- DATED this Z!:- day of ~d/?'P , 'C:Z¡ a£.Ç [Individual Notary] STATE OF WASHINGTON) ) ss. COUNTY OF KING ) On this day personally appeared before me, (Signature) ¡Corporate Notary] STATE OF WASHINGTON) ) ss. COUNTY OF KING ) On this day personally appeared before me Robert D. Scholes, to me known to be the partner of R & F Properties, the corporation that executed the foregoing Ucense, 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. Exhibit "I" LEGAL DESCRIPTION THA T PORTION OF LOTS I AND 2, WEST CAMPUS BUSINESS PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 97 OF PLATS, PAGES 78 THROUGH 82, INCLUSIVE, IN KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOU nlWEST CORNER OF SAID LOT 2: THENCE ALONG THE WEST LINE THEREOF N 01'14'49" E, 329.00 FEET: THENCE S 88'44'52" E, 374_88 FEET TO A POINT WHICH AT RIGHT ANGLES MEASURES 1.00 FEET SOUTHERLY OF EXISTING BOUNDARY LINE OF SAID LOT 2: THENCE PROCEEDING S 71'58'57" E, ALONG A LINE PARALLEL TO AND 1,00 FEET SOUTHERLY OF SAID BOUNOARY LINE 15.95 FEET TO THE TRUE POINT OF BEGINNING: THENCE S 01'16'17" W, 174.40 FEET TO THE NORTHWEST CORNER OF THAT CERTAIN PARCEL CONVEYED TO RAND F PROPERTIES BY RECORDING NUMBER 8409200001; THENCE EAST ALONG THE NORTH LINE OF SAID PARCEL TO THE NORTHWEST CORNER OF SAID PARCEL: THENCE NORTH ALONG THE WEST LINE OF THAT CERTAIN PARCEL CONVEYED TO MICHAEL L. FULLAWAY, ET- UX" ET, AL., BY RECORDING NUMBER 8305200620 TO THE NORTHWEST CORNER THEREOF: THENCE EAST ALONG THE NORm LINE OF SAID FULLAWA Y PARCEL AND THE EASTERLY PROLONGATION OF SAID NORTH LINE TO THE CENTERLINE OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M.. IN KING COUNTY, WASHINGTON; THENCE N 01'16'46" E ALONG SAID CENTERLINE TO INTERSECT THE SOUTH LINE OF LOT 9, WEST CAMPUS BUSINESS AND OFFICE PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 9" OF PLATS, PAGES 5D THROUGH 53, INCLUSIVE; THENCE WESTERLY ALONG SAID soum LINE TO A POINT FROM WHICH THE TRUE POINT OF BEGINNING BEARS S 01"16'17" W: THENCE S 01'16'17" W TO THE TRUE POINT OF BEGINNING; ALSO, THE SOUTH 210 FEET OF mE SOUTH HALF OF mE EAST HALF OF THE EAST HALF OF THE EAST HALF OF mE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W,M., IN KING COUNTY, WASHINGTON; EXCEPT mE SOUTH 50 FEET THEREOF FOR ROAD PURPOSES AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 130599, AND AS CONVEYEO BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 8701081241; ALSO EXCEPT THE EAST 70 FEET THEREOF; ALSO, THE SOUTH 200 FEET OF THE EAST 100 FEET OF THE WEST HALF OF THE EAST HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST OUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W,M.. IN KING COUNTY, WASHINGTON; EXCEPT THE soum 50 FEET mEREOF FOR ROAD PURPOSES AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 130599 AND AS CONVEYED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 8804040991; (ALSO KNOWN AS LOT 2, KING COUNTY LOT LINE ADJUSTMENT NUMBER 8906016 APPROVED AUGUST 31, 1989), ALSO TOGET1-1ER WlT1-1 qy T1-1E EAST 70 FEET OF -;HE SOUTH 210 FEET OF THE SOUTH HALF OF THE EAST HALF OF mE EAST HALF OF THE EAST HALF OF mE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M" IN KING COUNTY, WASHINGTON; EXCEPT THE soum 50 FEET mEREOF FOR ROAD PURPOSES AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 130599 AND AS CONVEYED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 8701081243; (ALSO KNOWN AS LOT 3 OF KING COUNTY LOT LINE AflJUSTMENT NUMBER 8906016 APPROVED AUGUST 31, 1989), r--~EIVED C((p . /ro 5EP 5 1998 CITY CLERKS OFFICE CITY OF FEDERAL WAY (253) 6ó 1,4000 FEDERAL WAY WA 98003,6210 September 14, 1998 Robert D. Scholes R & F Properties (DBA Emerald Professional Center, LLC) 720 South 348th Street Federal Way, WA 98003 Steve Skony Medical Real Estate Services, L.L.c. 105 Central Way, Suite 203 Kirkland, W A 98033 RE: Latecomers Agreement for Lake No.6 Improvements Federal Way Ordinance 98-316 Dear Messrs. Scholes and Skony: According to subject Latecomers Agreement ("Agreement"), entered into between you and the City of Federal Way, the cost of the improvements to Lake No- 6 were incurred by you as a necessity to develop your land. At the time the Agreement was executed, there were no property owners to share in the cost and expense of constructing the drainage improvements. The shared cost of the improvements for design and construction totaled $78,839.78. A portion of this amount ($9,084.%) was to be paid to the City, by the owner(s) of parcel 2021049101, referenced within the Agreement, upon development of subject parcel. A permit has been issued for Brooklake Professional Center (parcel 2021049101) and a latecomers fee of $9,084.96 has been collected to partially reimburse R & F Properties and Medical Real Estate Services L.L.C. Pursuant to the terms of the Latecomers Agreement, the amount will divided between both parties; checks in the following amounts will be sent to you shortly: ~., Medical Real Estate Services L.L.C. - $5,926.12 Thank you for participating in the Latecomer Agreement process. If you have any questions, please call me at (253) 661-4109. S'-J£;r/ ~ ~ "({//t Stephen R. Clifton, AICP Development Services Manager Chris Green, City Clerk Trent Ward, Acting Senior Development Engineer Project File Day File L;\PRMSYSIDOCUMENTlBLD97 _06.91 \LA TECOMM.DOC c: