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AG 02-096 D~~l", è.- I DATE OUT: I TO: D(1rlu1û Lehlasur '19b-¿ CITY OF FEDERAL WAY LAW DEPARTMENT (7..e:!vv~ (jA... REQUEST FOR CONTRACT PREPARATIONIDOCUMENT REVIEW/SIGNATURE ROUTING SLIP I. 10. CONfRAcrREVIEW . l-i/ INITIAUDATEAPPROVED MPROJECTMANAGER to~' "jr' 1!....,OÞX k..vv\ I' L-O'<- )i DIRECTOR M ~~-t!:'~l;fT mss"ee... '¡¡'lIb¿ CONTRACT SIGNATURE ROUTING 2('LAWDEPARTMENT I fCITYMANAGER~I<¡¡ ~ CITY CLERK SIGN COpy BACK TO ORGINATING DEPT. 0 :.SSIGNE9 I.C# ð ¿.~O(tl~ ,0 PURCIJ.ASRIC. PLEASE CHARGE TO. Ñ../A C~P1~f:'Do.,^~ LVi'\£.s-kr n+V'~\Je t)"--'ji~ . - ÇP5, /VIS/we Pc.J-~,'^ 2. 4. 5. 6. 7. 8. 9. II. ORIGINATING DEPT./DIV: PW /3 t:rtd~ ORIGINATING STAFF PERSON: Kdit1!f"UtSS'1!J« EXT: TYPE OF DOCUMENT REQUESTED (CHECK ONE) D PROFESSIONAL SERVICE AGREEMENT D MAINTENANCE/LABOR AGREEMENT D PUBLIC WORKS CONTRACT D SMALL PUBLIC WORKS CONTRACT (LESS THAN $200,000) D PURCHASE AGREEMENT) (MATERIALS, SUPPLIES, EQUJPMEN1) 0 REAL ESTATE DOCUMENT 4/;)1 3. DATE REQ. BY: X SECURITY DOCUMENT (E,G: AGREEMENT & PERFIMAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND) 0 CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP. RFQ) 0 CONTRACT AMENDMENT 0 CDBG D OTHER AG#: PROJECT NAME: FédenJ W~ Ri'JL RJ;bJn ~E NAME OF CONr{JTOR: ¿ ~i~ é+v~ ffp~b fJ, ADDRESS: {p ft; r¥f 1'¡{ ¡Øß SIGNATURE NAME: KJ TELEPHONE --/.J:!JIc!îttlfðf, TITLEI/tu- ATTACH ALL EXHIBITS ANI¡> ýHECK BOXES D SCOPE OF SERVICES D ALL EXHIBITS REFERENCED IN DOCUMENT D INSURANCE CERTIFICATE JitDOCUMENT AUTHORIZING SIGNATURE TERM: COMMENCEMENT DATE: COMPLETION DATE: TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TrrLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: DYES DNOIFYES, MAXIMUM DOLlAR AMOUNT: $ IS SALES TAX OWED 0 YES D NO IF YES, $ PAID BY: D CONTRACTOR 0 Crr INITIALIDATE APPROVED q(fr ILL INITIAUDATE APPROVED "- 04/04/02 t~~1f Applicant: South Sound Red Robin, Inc. Project: Federal Way Red Robin Landscaping Property Address: 2233 S 320th Street Federal Way, WA 98003 Bond #: 103877097 Permit#: 02-1O2682-000-00-0P Bond Amount: $12,343.00 Cash Deposit Amount: $617.00 CITY OF FEDERAL WAY AGREEMENT AND PERFORMANCE/MAINTENANCE BOND Ac.:II. 0;1. ~ 09(P TIllS AGREEMENT ("Agreement") is dated effective this &. day of j~ ' 2002. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington munIcipal corporation ("City") and South Sound Red Robin, Inc., a Washington corporation ("Applicant"). A. The Applicant is reqUÚ"ed to perform certain work and/or complete certain improvements, including landscaping at the above referenced address located in Federal Way, Washington in connection with Applicant's Land Use Application under the above-referenced pennit number ("Pennit"); B. The improvements will be constructed or the work perfonned in accordance with record drawings and approved plans on file with the City ("Plans"); C. The City has detennined 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 perfonnance of the required construction of improvements or perfonnance of wode, maintenance or repair in accordance with the Plans as a condition of granting the Pennit. NOW, THEREFORE, the Parties agree as follows: 1. Inmrovements. Applicant shall construct all improvements and perfonn all maintenance pursuant to the Plans, to the City's satisfaction ("WoTk"). The obligation to maintain the improvements shall continue for a period of two (2) years after issuance of the certificate of occupancy or fmal inspection, or such longer period as required by the FWCC or other applicable law, rule or regulation. 2. Completion of Work. The Applicant shall complete the WoTk 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 confonnance with all applicable laws, rules OT regulations. 3. PerfonnancefMaintenance Bond. Applicant shall deliver the fully executed Perfonnance/Maintenance Bond to the City in the fonn attached hereto as Exhibit "A" and incorporated by this reference ("Bond"), to guarantee Applicant's perfonnance 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 tenus of the Bond, the Pennit 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 ~ forth;" fu, """"" =_.... B<md...11 ~,;"... foil f= "" """t'õ'f1r 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 perfonnance of the maintenance, the City will œIease the remaining portion of the Bond by executing and delivering to Principal the Full Release of Bond attached hereto as Exhibit "C". 5. Right to ConmIete Work. In the event the Applicant fails to perfonn the Work, the City may, but in no event is it obligated to, request the disbursement of the Bond ITom the surety and perfonn 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 perfonning such Work in excess of the amount of the Bond. 6. Notice. The Conununity Development Department of the City shall be given forty-eight (48) hours notice prior to the conunencement of the Work. 7. Indenmification. Applicant agrees to indenmify and hold the City, its elected officials, officers, employees, agents, and vohmteers harmless ITom any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) arising ITom, resulting, or connected with this Agreement and the Bond, including without limitation, the City's perfonnance 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 Deuosit 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 ITom 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. 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 Dr default shall not waive such breach or default. This Agreement may not be assigned by any Party without the 1:\csdcldocs\Save\18957020060.docOoc. 1.0. G:ILA WFORMSIA...."""I&P,ñ.nMnc,M,""'",nc,Bo"d R,v.01-3I-o2 written consent of the other Party. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest. Time is of the essence. By: SOUTII SOUND RED ROBIN, INC. ~K .b V' Pr"d F evm Sonne om, lce- eSI en! mance 6840 Fort Den! Way, Suite 350 Seattle, WA 98188 (206) 835-8126 CITY OF FEDERAL WAY By: ZJUll~ ~avid H. Moseley, City Manager 33530 1st Way South PO Box 9718 Federal Way, Wa 98063-9718 (253) 661-4013 APPROVED AS TO FORM: 1:\cs<k\docs\save\18957020060.docDoc. 1.0. G:\LA WFORMS\Agreement&P,óo,"""",M.io"na"",Bood ROY. 01.31-02 STATE OF WASHINGTON ) ) ss. ) COUNTY OF KING On this day personally appeared before me Kevin Sonneborn, to me known to be the Vice-President of Finance of South Sound Red Robin, 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 was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. r GIVEN my hand and official seal this 11f'-;'dayof ~ ,2002. 5fA akJo.w~ A !AJ¡6ŒVt typed/printed name of notary) . Notary Public in and for the State °f:washington. \ \ \ \ \ , . Mycomrnissionexpires 1-;-0 ~\.'x-\\:.~.~.£I. ::.,.- ~~.,,;;. .,", ;t.~. ' .::: i:/.." """" :::I&.¡i/"";:; :;.0: ,," ei, :: ,,\ '. ~.: 5:,' . ::. ";1."" .,.,;,'., .,,' -~/ -If""""""'" 't-',.' //III4t¡~~" . 1:lcsdcldocs\Save\18957020060.docDoc. !.D, G:ILA WFORMSlAgre,me"I&P,ño"""",M',""""",Bo"d R,v.OI-31-02 Bond # 103877097 EXIllBIT A Project: Federal Way Red Robin Landscaping Pernùt #: 02-I02682-000-O0-OP CITY OF FEDERAL WAY PERFORMANCE/MAINTENANCE BOND KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned South Sound Red Robin, Inc., ("Principal") and Travelers Casualty and Surety Company of America> the undersigned corporation organized and existing under the laws of the State of Connecticut and legally doing business in the State of Washington as a surety ("Surety"), are held and f1llI11y bound unto the City of Federal Way, a Washington municipal corporation ("City") in the penal sum of Twelve Thousand Three Hundred Forty-Three Dollars and no/100 ($12,343.00) for the payment of which they f1llI11y bind themselves and their legal representatives, successors and assigns, jointly and severally. This obligation is entered into 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 pTovide landscaping to the Federal Way Red Robin. NOW, THEREFORE, if the Principal shall perfonn all the pTovisions 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 OT 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 hanDless from any loss or damage occasioned to any person or pTOperty by reason of any carelessness or negligence on the part of the Principal, or any subcontractor in the perfonnance of said work, and shall indemnify and hold the City harmless from any damage or expense by reason of failure of perfonnance as specified in the Agreement, or from defects appearing or developing in the material or workmanship pTOvided or perfonned 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 perfonned 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 tenDS and pTOvisions 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 Perfonnance Bond in 1:lcsdcldocs\SaveI18957020060.docDoC.l.D. G:ILA WFORMSlAgreement&PeñonmncoM>;"te",nceBond Rev.Ol-31-02 a like amount, such increase, howevcr, 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 eithcr: (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 incWTed 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 undcr 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 WOTk, 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, priOT 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 (nUSA&Mn). The Parties shall proportionately share in the cost of the mediation. The mediation shall be administcred 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.L::L day of -.:y """'ð ,2002. CORPORATE SEAL OF PRINCIPAL: sourn SOUND RED ROBIN, INC. ,~ Ke . Sonneborn By: Its: Vice-President Finance 6840 Fort Dent Way, Suite 350 Seattle, WA 98188 (206) 835-8126 CERTIFICATE AS TO CORPORATE SEAL \J\"""":\>~J"x .f c?~o""'-:> I hcreby certify that I am the (AßBiGlaßt~ 8~...,...I:ny of the Corporation named as Principal in the within bond; that ~".-" .5",/'.R. ~dJ , who signed the said bond on behalf of the Principal, was '\J \~::t-eS. 'f-"...~<-( of the said Corporation; that I know his or hcr 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. ~. "\c.( ~\~.q.-+ C)\)~ Th,,~ 1:\csdc\docs\Save\18957020060.docDoc. 1.0. G:\I.A WFORMSlAgreemont&P,ñonrnmc,M.;nœoauc,Bond Rov.01-31-<!2 CORPORATE SEAL OF SURETY: Surety . .""'" tt. .. '~" .¡.>'::':'" .~}"" '< ".".., .. '\ ',~"' ... .. 'N l\ ç \ .. :.:. NO:) S ". f : ~~.'.. ~.../ .. V;:l ...~."....' , .:, ;-'.""..::i,'!'.:'~~../ ". ',.c;:.'4 ,." APPROVED AS TO FORM: ~ 1:\csdc\docs\SaVe118957020060.docDoc. I.D, 0: \LA WF 0 RM SIA_menl&P,ñonna ocoM. ;nto",oc,Bond Roy. 01-31.02 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA ~ ht j1JJ.LfY1, ¿a~ Attorney-in-Fact (Attach Power of Attorney) By: Charla M. Boadle (Name of Person Executing Bond) CIO MARSH PO Box 2151 Spokane, WA 99210 (509) 358-3900 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecti<1lt 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly .or~zed under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Harifpni'. ~e of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these P~nI!S\ióIiìJ;!1&I?s~1IIt9 and appoint: Charla M. Boadle, Cbris Larson, George C. Schroeder, Joanne Tonani, Lois Stewart, .WoW. Wè'Ile~,::WII : ,j)i.Îmeen, of Spokane, Washington, their true and lawful Attomey(s)-in-Fact, with full power and authority he'reby coJÛerred,lei .éì~ execute and acknowledge, at any place within the United States, the following instroment(s): by lúslher sole. signature liii1~á(;¡; any and ail bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, rec6gnízance;' or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confinned. 1bis appointment is made under and by authority of the following Standing Resolutions of said Companies, wlúch Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate SecreIaIy or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the fORgOing authority 10 one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, reco~ contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority Is signed and sealed hy facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted hy the Boards of Directon of TRAVELERS CASUAL TV AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, ilny Assistant Vice President, any Secretary, any Assistant SecreIaIy, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking 10 which it is attached. ," MO,__'_-" IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice Praident and their corporate seals to be hereto affixed this 5th day of Februmy 2002. STATE OF CONNECTICUT J SS. Hartford COUNTY OF HARIFORD TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY --- J <:r -~ By - ~C7 George W. Thompson Senior Vice President On this 5th day of Februmy, 2002 before me peISOnaI1y came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that helshe is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that helshe executed the said instrument on behalf of the corporations by authority of hislher office under the Standing Resolutions thereof. A ~ '<Y\~ ~ ~ My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Anistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthennore, that the Standing Resolutions of the Boards of Directors, as set forth in the Cenificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 1 7 t h day of July ,2002. =rÇu -/'K r--. þ7 By ~ Korl M. Johanson Assistant Secretary, Bond EXHIBIT B PARTIAL RELEASE OF BOND # 103877097 The undersigned hereby acknowledges that a portion of the conditions of the Agreement and PerformancefMaintenance Bond for Federal Way Red Robin landscaping, have been satisfied and hereby a,u~ori~s!:be release of an amount equal to Eight Thousand Six Hundred Forty and 10/100 Dollars .-: ,(,1'($ 8;6.40.1~t.:1'he remaining funds equaling thirty (30%) of the cost of the work or improvements shall be ". retail1èd Jjy~ the City for a period of two (2) years as security for Assignor's perfonnance of all maintenanêe . for the above described project and as a guarantee against defective materials or '~', wotIanarl~hip in the construction and maintenance of such improvements. ,.f DATED this day of ,2002. CITY OF FEDERAL WAY By: (Name, Title) 1:\csdc\docs\Save\18957020060.docDoc. !.D. G :\LA WFORMSlAgreement&P"fo"""oc'M,in"n,o"Bond Rov.01-31-02 EXHIBIT C FULL RELEASE OF BOND # 103877097 The undersigned hereby acknowledges that the two (2) year maintenance period has expired, that the work or improvements covered by the Agreement and PerfonnancelMaintenance Bond for Federal Way Red Robin landscaping 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 Three Thousand Seven Hundred Two and 90/100 Dollars ($3,702.90). 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 tenninated. DATED this day of ,2002. CITY OF FEDERAL WAY By: (Name, Title) 1:\csdc\docs\Silve\18957020D60.docDoc. I.D. O,ILA WFORMS\Agre'me"t&P,ño~"",M,I"te""""Bond Rov.OI-3J-O2 . ~ ,'"'" j UNANIMOUS CONSENT RESOLUTIONS OF BOARD OF DIRECfORS OF SOUTH SOUND RED ROBIN, INC. IN LffiU OF A SPECIAL MEETING The following resolutions are adopted by unanimous consent of the Board of Directors of South Sound Red Robin, Inc., a Washington corporation (the "Company"), in lieu of holding a special meeting as authorized by Section 23B.08.210 of the Washington Business Corporation Act: Resolutions Kevin R. Sonneborn, in his position as Vice President of the Company, is authorized and directed to sign as Bond Principal on behalf of the Company in connection with the landscape project to be performed at the Red Robin Restaurant located at 'Z.233 5. 3zo"'" 51- , Federal Way, WA. Corporate Documentation This Consent, evidencing the written consent of the Company's Board of Directors to the adoption of these resolutions, shaH be placed in the Company's minute book. Unanimous Consent The undersigned individuals, constituting the Board of Directors of South Sound Red Robin, Inc., hereby consent to the foregoing actions. Execution in Countemarts and Facsimile This document may be signed in two or more counterparts, manually or via facsimile, each of which will be dèemed an original, but aH of which together will constitute one and the same instrument. Dated this 2."Z..day of May, 2001. RECEIVED mO6581-361366.doc ¡Ii. 'F ,) CITY OF FEDERAL WAY BUILDING DEPT.