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AG 97-067 TD: ..J\lL.I~ VeN CITY OF FEDERAL WAY LAW DEPARTMENT ONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. D"""""~\N~)';'i::PT./DIV.: --p.W. 2'Ch":";;;;."Â,.¡"'IJ'.'!I. t",FF PERSDN: JI.JL.\t;: Tï'( .°" . .J"'.:\i.= { 4. TVPE DF DDCUMENT REQUESTED (CHECK DNE): D PRDFESSIDNAL SERV'CES AGREEMENT D MA'NTENANCE/LASDR AGREEMENT D PUSL'C WDRKS CDNTRACT D SMALL PUSUC WDRKS CDNTRACT 'L... THAH 'n.aaal - L::p,vdo p~ ..5e ( VIr D-,. \J'E."-I~ EXT:~ 3. DATE REQ. Bv: ~ D PURCHASE AGREEMENT 'MAU."~. Bu..u... .0u,..'.TI \fSECUR'TV DaCUMENT 7- I..... A.......T & A'."M.,. Bo.o, A..'...'.T 0' Fu.o. 'H L'.u a, BO.o' D CaNTRACTDR SELECTIDN DDCUMENT I..... RFB. RFA. RFQI D CDNTRACT AMENDMENT D EABEMENT D DTHER AG#: D REAL ESTATE PURCHASE & SALES AGREEMENT 5. PROoJECT NAME: W\-eYldi~1A ~L(.V+ A-ça ý+.-v, ~~ 6L!)9!t- á4ì~ 6. NAME OF CONTRACTOR: ADDRESS: PHDNE: TVPE DF PERSDN DR ENTITV (CHECK DNE): D IND'V'DUAL D PARTNERSH'A D SDLE PRDPR'ETDRBHIA STATE: D CDRADRAT'DN TAX 'D#/SS#: SIGNATURE NAME: TITLE: 7. SCOPE OF WORK: ATTACH EXH'S'T A - A CDMPLETE AND DETA'LED DESCR'PT'DN DF THE SERV'CES DR SCOPE DF WDRK, 'NCLUD'NG CDMPLETIDN DATES FOR EACH PHASE DF WDRK AND LDCAT'DN DF WDRK. B. TERM: CDMMENCEMENT DATE: CDMPLETODN DATE: 9. TOTAL COMPENSATION: $ ('NCLUDES EXPENSES AND SALES TAX, 'F ANV) '" DALCU~UO OH HOUDLT ~.DD DHAD.' . A~ACH DCH.DuL" 0' ...LDT". mm AHD HDUDLT ~T'" REIMSURSASLE EXPENSES: DYES DND IF VES, MAX'MUM DDLLAR AMDUNT: $ Is SALES TAX OWED? DYES D ND IF VES, $ D CDNTRACTDR DC'TV 1 D. SELECT'DN PlOD CESS USED (CHECK DNE): D REQUEST FeR e'DS D REQUEST FeR PRDPDSALS D REQUEST FDR QUDTEB D REQUEST FDR QUALOF'CAT'DNS D ARCH'TECT & ENG'NEER L'ST D SMALL WDRKS RDSTER 11. CONTRACT REVIEW INOTOAUDATE ApPRDVED D D'RECTDR ;YLAW (ALL CDNTRACTSI D R'SK MANAGEMENT ~~ 3hl~7 IALL DD.T~CT. "C,.T A.,HO..HTO. CDHTRADTDD "L.cnDH DDCU..HTI D PURCHAS'NG 12. CONTRACT SIGNATUR;'i~)q~GCifY' tAW DEAARTMENT 'TV MANAGER ::::aL:::v BACK TD DR'G'NAT'NG DEAT. ASS'GNED AG # q-¡-Úl D PURCHAS'NGO PLEASE CHARGE TD: IN'T'AUDATE ApPRDVED ~ .3Y~1${ -~-~--~--- . / »Æ g LW COMMENTS Cd-U mL t rj} tj ð}{ !W cfl ~ tn.JM WH'TE' DR"'HAL .w. WOTH CDHTRACT CANARY, mR' '0""'" .'NK' LAW 0'.'. .aLDENRaD' oR.D,""..HC ""'" LaA., 'R" ."5O A&CJ.:¡.- (Pj Applicant: North Coast Enterprises, Inc. Project: Meridian Court Apartments Property Address: 31400 23rd Ave. S.E, Federal Way, WA 98003 Bond #: \ ~6c;:;,11 Permit#: BLD96-0472 Bond Amount: $586,404.00 Cash Deposit Amouat: $ 14,660.00 CITY OF FEDERAL WAY AGREEMENT AND PERFORMANCE/MAINTENANCE BOND THIS AGREEMENT ("Agreement") is dated effective this 4th day of March, 1997. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City") and North Coast Enterprises, Inc" a Washington corporation ("Applicant"). A. The Applicant is required to perform certain work and/or complete certain improvements, including site improvements, grading, paving, storm drainage facilities and street lighting installation 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. Imorovements. Applicant shall construct all improvemeats and perform all maintenance pursuant to the Plans, to the City's satisfaction ("Work"). The obligation to maintain the improvemeats 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. Comoletion 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, includiag 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/ Maiateaance Bond to the City in the form attached hereto as Exhibit "A" and incorporated by this reference ORIGINAL ("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 aad approval of the improvements and performance of the maintenance, the City will release the remaining portion of the Bond by executing aad delivering to Principal the Full Release of Bond attached hereto as Exhibit 'C". 5. Right to Comnlete 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:ImiƓ. 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 Amollat 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 2-112% of Bond The cash deposit may be used by the City to cover its actual expenses in administeriag this Agreement and, if necessary, collecting and using the proceeds from the Bond. -2- 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. .L.i.I:;¡¡¡¡g. 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 sigaed 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 thè Parties' successors in interest. Time is of the essence. NORTH COAST ENTERPRISES. INC. By: ~/1,;/ /)e,¡,¡ i --- ~:(,~;"",Z>c¡ (J Its: P. O. Box 25850 Seattle. WA 98125 (206) 806-8560 CITY OF FEDERAL WAY By: Kenne h E. Nyberg, City Manager 33530 1 st Way South Federal Way. WA 98003 ATTEST: City ClertN. Christine Green. CM APPROVED AS TO FORM: i~'~ ' " V??--t -/ ¿Ú,(2¿-z-, r Londi K. Lindell. City Attorney K,IBOND\MEßIOIAN.A&8 03104197 -3- EXHIBIT B PARTiAL RELEASE OF. BOND # The undersigned hereby acknowledges that a portion of the conditions of the Agreement and Performance/Maintenance Bond for Meridian Court Apartmeats. Permit #BLD96-0472. have been satisfied and hereby authorizes the release of an amount equal to Four Hundred Ten Thousand Four Hundred Eighty-Three and no/100 Dollars ($410.483.00). The remaining funds equaling thirty (30%) of the cost of the work or improvements shall be retaiaed by the City for a period of two (2) years as security for Assignor's performance of all mainteaance for the above described project and as a guarantee against defective materials or workmanship ia 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 maiatenance period has expired, that the work or improvements covered by the Agreement and Performance! Maintenance Bond for Meridian Court Apartments, Permit #BLD96-0472, have been completed to the City's satisfaction and that the City is not aware of any defect in workmaaship or materials. Accordingly, the undersigned hereby releases the sum of One Hundred Seventy-Five Thousand Nine Hundred Twenty-One and no!100 Dollars ($175,921.00). The undersigned further releases all right. title aad interest granted to the undersigned by reason of a certaia 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) .t.... ,1INoø/ ¡ CITY OF FEDERAL WAY 33530 1" smiTH FED. . WA?8003 II"OOOO?? :1"11" I: ~ 25000021,1: NORTH COAST ENTERPRISES, INC. (206) 806-8560 JOB NO. 610-2/3, 611-1/3 CASH DEPOSIT FOR PERFORMANCE AND MAINTENANCE BOND PERMIT I: BLD96-0472,0473 :¡ \! ) EXHIBIT A Project Meridian Court Apartments Pennit #: BLDG. 96-0472 CITY OF FEDERAL WAY PERFORMANCE~NTENANCEBOND KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned, North Coast Enterprises, Inc., a Washington corporation and Meridian Court Apartments Limited Partnership ("Principals") and Arnwest Surety Insurance Company, 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 Five Hundred Eighty-Six Thousand Four Hundred Four and no/IOO Dollars ($586,404.00) for the payment of which they firmly bind themselves and their legal representatives, successors and assigns, jointly and severally. This obligation is entered iato 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 aa Agreement with the City of even date to perform site improvements, grading, paving, storm drainage facilities and street lighting installation. .. NOW, TIIEREFORE, 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 provisioas 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 accompaaying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any chaage, 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 iacrease 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 tenns of the Agreement, the Surety shall make a written commitment to the City that 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 tot he 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 aay actual costs which exceed the City estimate, limited tot he bond amount. Should the Surety elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph, prior to the interplead actioa. In the event a dispute should arise between the parties to this Bond with respect tot he City's declaration of default by the Principal, the Parties agree to participate in at lease 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 completioa of the mediation. DATED this .2- Oib day of M"f¡¡., ,1992- CORPORATE SEAL OF PRINCIPALS: NORTH COAST ENTERPRISES, INC. I By: ß.."n_~L (Title) / " \' Its: P.O. Box 25850 Seattle, WA 98125 (206) 806-8560 MERIDIAN COURT U LIMITED PARTNERSHIP By: /d~ C-e- Name of Person Executing Bond ~~ ¡J~ 1¡, .e-r- Its: i1a.., q fl-</r v (Title) 31400 23rd Ave. S. Federal Way, W A 98003 .', By: ,,1111,' ,<:"', :,', Amwest Surety ~ur¿Jf1::",',~any ~GY~~ " Attorney-in-Fàé-c " ,. ~ (Attach Power of Attorney)/ CORPORATE SEAL OF SURETY: Lauren P. Rechkoff Name of Person Executing Bond P.O. Box 3667 Bellevue,vJll 98009 Address (206) 822-1368 Phone BOND NUMBER: 1328571 APPROVED AS TO FORM: 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. 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 -3- .. READ CAREFULLY This document is printed on white paper containing the artificial watermarked logo (A ) of Amwest Surety Insuranee Company (the "Company") on the front and brown security paper on the back. Only unaltered originals of the POA are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any pe"on. This POA is govemed by the laws of the State of California and is only valid until the expiration date. The Company shall not be liable on any limited POA which is fraudulently produced, forged 01 otherwise distributed without the permission of the Company. Any party con<erned about the validity of this POA or an accompanying Company bond should call yoUI local Amwest branch office at (106) 522-3111 KNOW ALL BY THESE PRESENT. that Amwest Surety Insurance Company, a Nebraska corporation (the "Company"), does hereby make, constitute and appoint: RICHARD D, RECHKOFF LAUREN p, RECHKOFF SHELLl LUCUS AS EMPLOYEES OF GRIFFIN MACLEAN, INc. its true and lawfol Attorney.in.fac~ with limited power and authority for and on behalf of the Company ...s6ecute It thereto ifa seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Miller A~r pert'o bo the nature thereof as follow: 0 Bid Bonds up to $"1,000,000.00 Contra'" (perfonuanee & Payment), Court, Subdivision $"2,500,000.00 ~ LIe..... & Pennlt Bonds up to S""1oo,OOO.00 Â'" MhceDaneowBondsuptoS""1oo,OOO.00 ~ '" ~~ and to bind the company thereby. This appoinbnent is made under and by au~e By-La e ~Ch are now in full fon:e and effect: I, the unde"igned secretary of Amwest Surety Insurance company.~Ne corporation~ ~y TIFY that this Power of Attorney remains in full fon:e and effect and has not been revoked and furthermore. that the 'ons ftheBoard' fo on this Power of Attorney. and that the relevant provisions of the By-Laws of the Company. are now in full fon:e an * . Bond No. , ,?R~7' Signed&sealedthi~~~~ P. ~ Karen G. Cohen, Secretary ........... ONS TO DIRECTORS........... This POA is signed an,d sealed by facsimile un~er ~autho~' 0 owi'Wt'! utions adopted by the Bo...d ofDirecto" of Amwest Surety InS\lJlU1ce Company ata meetinc duly held on December 1975: . ~- RESOLVED. that the President 01 any . en~ in~~unc wi Secretary m any Assistant Secretary. may appoint attorneys.in-fact or agents with authority as defined 01 limited in the ins me i ncin po' bnent'~case,forandOnbehalfOftheCompany.toexecuteanddeliVerandaffiXtheSeal of the Company to bonds, undertakin, n' cos, ~ IPOblig.;r. of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any POA previously gran n.):~ ~ RESOLVED FURTHER, that an od. unde go ce)þlsuretyship obligation shall be valid and bind upon the Company: (i) when signed by the President 0 any Vi I an and sealed (ifa seal be lequired) by any Secretary or Assistant Secletary; or (Ii) when signed by the President or any . ent or Assistant Secletary, and Counte"igned and sealed (if a seal be required) by a duly authorized attorney.in-fact or age 0 ~ (Iii) when duly executed and seal (if a requir one or more attorneys.in-fact or agents pu"uant to and within the limits of the authority evidenced by the power ofattorney issu ompany to suc pe"on 01 persons. RESOLVED FURTHER, that the " na reofany authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof authorizing the execution and del' ety of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same fon:e and effect as though manually affixed. IN WITNESS WHEREOF. Amwest Surety Ins\lJlU1ce Company has caused these presents to be signed by its propel office". and its corporate seal to be hereunto affixed this 14th day of December. 1995. 9~ l!!:. 4Q4oo'1 ~ ~ Þ. ~ John E. Savage, Pre~t K...en G. Cohen, Secretary State of California County of Los Angeles On December 14,1995 before me, Peggy B. Lofton Notary Public, pe"onally appeared John E. Savage and Karen G. Cohen, pe"onally known to me (or proved to me on the basis of satisfactory evidence) to be the pe"on(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me all that he/sh':'they executed the same in hislherltheir authorized capacity(ies), and that by hislher/their signature(s)f t!l¡in,¡¡ru!llenUheJ!Or¡¡¡n~ oUhe",ntj ,y IJ.II\In.J¡e1 ofwhoch the l\'1"on(s) acted. executed the Instrument: """""N'S'Ù""" WITNESS handandofficialseal. @ PEGGYl.tOFICN ""'~-{ \.......,.-9...>'" $ CanwnIIIIan"IIIMO'I ~ /<V",,"<~f'O~""~.~1-.\ 2 NoIaryoNllc-CaIraonIcI ! ¡ Q:'/Cp 01;"".,0; Signature '. (SeaI)j LooAngol.c:o.ny t #5]13: PEC14 ~\t1\~ e . Lofton, Notary Pu MvComm.£opII8oAug6.I99t \~....,'~~ 1995 ~../J§J :4.. - - - - - - - - - - - - . 'A-"" 8Rþ..'Õ <'1~' "'-"'J1t"""""""""~" ,i' '"",..",t,~",!::,..,,"""