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AG 97-195 /,rT cll- ¡qS 97-IO({) Applicant: Manan John Amon & Humayra Amon Project: Amon Gas Station Property Address: 1600 S.W. 312th St. Federal Way, WA Bond #: LiS H1'? Permit': BLD96-Q225 Bond Amount: $157,128.00 Cash Deposit Amount: $ 3,928.00 CITY OF FEDERAL WAY AGREEMENT AND PERFORMANCEIMAINTENANCE BOND THIS AGREEMENT ("Agreement") is dated effective this 17th day of March, 1997. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City") and Manan John Amon and Humayra Amon, husband and wife ("Applicant"). A. The Applicant is required to perform certain work and/or complete certain improvements, including site civil work and street frontage improvements associated with the redevelopment of the gas station including, but not limited to, paving, curb, gutter, sidewalk, street lighting, storm drainage facilities, street trees, and miscellaneous appurtenances 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. Imnrovements. 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. Comnletion 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. 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. RiQht 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. .t!kI1iœ. 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 DeDos;t, 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 DaDosit 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. Li.œnsII.. 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, 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 -2- 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. ~'-'-~ Manan John Amon L h' c., ~4i'f Humayra Arrnr---n. , 16424-53rd PI. S. Tukwila. WA 98188 (2061248-3616 CITY OF FEDERAL WAY By: APPROVED AS TO FORM: ..~:-~~.-"? -.............../~ - .. .-/ / .L11íÍdt~ Lindell. City Attorney K:\BONDS\AMQN, AM 03114/87 -3- interoffice MEMORANDUM Federal Way Dep't of Public Works Development Services Division To: Ken Nyberg, City Manager Chris Green, City Clerk Stephen Clifton, Development Services Manager Signatures on PerformancelMaintenance Bond September 10, 1997 From: Subject: Date: Ken and Chris, Please sign page 3 of the attached agreement. After Chris Green signs the document, retain original for City Clerk files, and route a copy back to me, Thanks,