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AG 02-037 1. DRI13INATINOI DEPT.JDIV., F'\1\j / Slyttis I E. ORI13INATIN13 STAFF PERBDN, KtUttj A.1f.5i51 nt1f/ 'J 4. TYPE DF DDCUMENT REGUEBTED [CHECK DNE]: 0 PROF.BSIONAL BERVICE ABREEMENT D MA>NTENANCEILA"OR AGREEMENT D PURUC WORKR CONTRACT 0 BMALL PUBLIC WORKB CONTRACT ILE.. THAN 8...000' 0 PURCHA"E ABREEMENT 'MATER'ALO, SUPDUE.. EgU'PMeN" 0 REAL E"TATE PURCHASE & BALES AGREEMENT 15. PRD.JECT NAME' A12 C ¿: ADOREBB, TYPE DF PERBDN DR ENTITY [CHECK DNE]: 0 INOIVOOUAL !2..BOLE PROPRIETORSHIP 0 PARTNERSHIP J\ COR"ORATION BI13NATURE NAME" if! h "1 .Ii'I/.1 ( fll1.nC/ Exn$2:j3. DATE REG. Sv, 4 -,5-/12- Stc/ rut/V K BECURITY DOCUMENT IE.g., ADPeeME~ & _R-"'N R~D, AD._~ OF F~D. 'N UEU O. R~", D CONTRACTOR BELECTION DOCUMENT IE.B.. RFR, R.p, R.'" 0 CONTRACT AMENDMENT 0 EA"EMENT D OTHER 0 COB13 A13,: PHONE: (1/6) 4r5 -'ttJòf BTATE~- TAXID'IBB', TITLEJpt Y fL-IJ tJl S í lIill dj-f / 7. SCOPE DF WORK: ATTACH ExHIBIT A . A CDMPLETE AND DETAILED DESCRIPTION OF THE BERVICEB DA BCDPE OF WORK, INCLUDIN13 CDMPLETlDN DATE FDR EACH PHASE OF WORK AND LOCATION OF WORK. S. TERM, COMMENCEMENT DATE' CDMPLETIDN DATE' S. TDTAL COMPENSATION S !INCLUDE EXPENBEB AND BALEB TAX, IF ANy) IoF CA~U~TED DN HDURLV ~.DR CHARG- - A~ACH .CHeDULE. O. _MPUDVE- -nTLE. AND HOUDAV RA~.' REIMBURBABLE EXPENBEB, IB BALEB TAX DWED? DYES DYES ONO DNo 10. SELECTIDN PRDCEBB UBED [CHECK ONE], 0 REmuEST FOR BlOB 0 REmuEST FOR "ROPOSALB IF YEB. MAXIMUM DDLLAR AMDUNT, S IF YEB. S PAID BV, D CDNTRACTOR 0 CITY D REmuEBT FOR GLOaTES 0 REmuEST FOR GLOAUFICATOONS 0 ARCHITECT & ENBINSER U8T 0 BMALL WORK" ROBTER 11. CDNTRACT REVIEW D ~'WE~OUR ~LAW [ALL CONTRACTS' J¿: ¡au' 11/;/ / v.l 'j t~/Y-j{;Z- Q"'R"'.A"A"...~... IALL CD~ACT8 ~CE~ AMENDMENTO. CON~ACTOR .ELECTODN DDCUMON" ¡;¡ """"'1 a.o"'~FB .J" fll.(5flid, ùn/lli1{J4136It¿,bC/trt-!Ö/tL 11. CD~¡'ACT ~NATURE.JIo6{;T¿'13 ~'LAW DEPARTMENT 'CITY MANABER -Ie C.H/5/it/u.- COTV CLERK ~BN COpy BACK TO OROBtlft°NB ~PT. a_.-...uA'" . if u'J.- 37 ¡;] ",uwu_eONg, ~~A"E "HAw_~ T". CDMMENTB ¡.JatÚ buwf. ttw.Lt't.d .:x.) 5 hi) *i?~ lip .1l1t/.JLk.> INITIALIDATE APPRDVEO 4/3;102 tI!- W/d !n;oft/APIh h5'(hn,NtJ7lIfMtL? +/2/1 ~ lOft of I!it-. o/'/;J¡(.lJÇt7tn.:f1¿",d&.lJ, IV I Yl1rÿer tlS .$& ~ ~-" INITIALIDATE ApPROVED fW; :;-;1 :~~ ?; oz- d- 5í "f 02- loJ) Irál'hí' ('till tit v'vtylL .\'/III[ t:- [6 5¡tfi,tlftlL WH'" . DR'.'NAe "RY' w~ =~m CANAPV - c~. = ~-- P'NK - ~w~. ~L"NPDD - CO'.W'"NO~-- ~.. 1- ,,~., AG4fO:2 -037 Applicant: Cascade Drilling, Inc. Project: ARCO 524] Environmental Remediation Property Address: 2200 Block of S 320'h Street Federal Way, WA Bond #: 103810543 Permit#: 02-] 01 266-000-00-0P Bond Amount: $2,167.00 Cash Deposit Amount: $108.00 CITY OF FEDERAL WAY AGREEMENT AND PERFORMANCEIMAINTENANCE BOND THIS AGREEMENT ("Agreement") is dated effective this ii ~ay of H P¡/ , 2002. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City") and Cascade Drilling, Inc., a Washington corporation ("Applicant"). A. The Applicant is required to perfonn certain work andlor complete certain improvements, including installation of one eight-inch groundwater extraction well and approximately six feet of two-inch Sch. 80 PVC conveyance piping 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 performance of the required construction of improvements or perfonnance of work, maintenance or repair in accordance with the Plans as a condition of granting the Pennit. NOW, THEREFORE, the Parties agree as follows: I. ImDrovements. Applicant shall construct all improvements and perfonn 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. Perfonnance/Maintenance Bond. Applicant shall deliver the fully executed PerformancelMaintenance Bond to the City in the fonn attached hereto as Exhibit "A" and incorporated by this reference ("Bond"), to guarantee Applicant's performance of the construction of the improvements andlor 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 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 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. 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 ofthe 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 !Tom, 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 Denosit. In addition to the amount of the Bond, Applicant agrees to pay a cash deposit to the City pursuant to Section 22- 15 I 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 Denosit Up to $20,000 $20,001 - $50,000 $50,001 - $100,000 $100,001 and up 5% of Bond (minimum $100) 4% of Bond 3% of Bond 2-1/2% of Bond The cash deposit may be used by the City to cover its actual expenses in administering this Agreement and, if necessary, collecting and using the proceeds from the Bond. 9. Remedies Cumulative. No remedy provided for by this Agreement shall be deemed exclusive, but shall be deemed cumulative and in addition to every other remedy available to the City at law, in equity or by statute. Applicant's liability under this Agreement is not limited to the amount of the Bond. 10. License. Applicant shall record a license in the form attached hereto as Exhibit "D" and incorporated herein by this reference with the King County Department of Records, immediately upon the execution of this Agreement and at Applicant's cost. I I. General Provisions. This Agreement may not be amended except by written agreement signed by the Parties. Any provision of this Agreement which is declared invalid, shall not invalidate the remaining provisions of this Agreement. The failure or delay of the City to declare any breach or default shall not waive such breach or default. This Agreement may not be assigned by any Party without the written consent of the other Party. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest. Time is of the essence. By: Its: Ope a ons Manager POBox 1184 Woodinville, WA 98072 (425) 485-8908 STATE OF WASHINGTON ) ) ss. ) COUNTY OF KING On this day personally appeared before me John Murnane, to me known to be the Operations Manager of Cascade Drilling, Inc. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that helshe was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this .:lr4 da ""~"'LÄ"", ",,-4. ";,,.....,41<$>"" ,,' «' ,'<SION ;";--- ~--- : ","",'.:i'" ~^,"-- y -:. :::¿¡'g \\OTARý~\:..A: : ~() -.- U>~ : : .n %. PUBLIC! i?: : . u;" -'. .' 0 ' -- -y ". 6' 23 0" ".' '" " --- ~"...;.."..:","'~C? ,,' --" Of: WASy.,~ "" ',.........."., , 2002. By: Da d H. Mas ey, City Manager 33530 1st Way South PO Box 9718 Federal Way, Washington 98063-9 18 :?1<~ß4~ APPROVED AS TO FORM: !l~~er~~~~~ftr Bond # 103810543 Project: ARCO 5241 Environmental Remediation Pennit #: 02-101266-000-00-0P EXHIBIT A CITY OF FEDERAL WAY PERFORMANCEIMAINTENANCE BOND KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned Cascade Drilling, 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 finnly bound unto the City of Federal Way, a Washington municipal corporation ("City") in the penal sum of Two Thousand One Hundred Sixty-Seven Dollars and no/]OO ($2,167.00) for the payment of which they firmly bind themselves and their legal representatives, successors and assigns, jointly and severally. This obligation is entered into 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 install one eight-inch groundwater extraction well and approximately six feet of two-inch Sch. 80 PYC conveyance piping. NOW, THEREFORE, if the Principal shall perfonn 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 hannless /Tom 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 perfonnance of said work, and shall indemnifY and hold the City harmless /Tom any damage or expense by reason of failure of performance as specified in the Agreement, or /Tom defects appearing or developing in the material or workmanship provided 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 tenns 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 oftime, 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 tenns 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 ~day of KJIÍ ,2002. CORPORATE SEAL OF PRINCIPAL: By: Its: 0 ations Manager POBox 1184 Woodinville, WA 98072 (425)485-8908 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 John Murnane who signed the said bond on behalf of the Principal, was Operations Manager 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 CORPORATE SEAL OF SURETY: Surety By: Cindy L. Villasista PO Box 3018 BotheIl, WA 98041-3018 (425) 489-4503 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 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 organized under the laws of 1he State of Connecticut, and having their principal offices in the City of Hartford: County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Cindy L. Villasjsta, Darlene Jakielski, Julie M. Glover, M.J. Cotton, Mike Amundsen, Nancy J. Osborne, S.M. Scott, Steven K Bush, Michael A. Murphy, Jim W. Doyle, Lawrence J. Newton, Andy D. Prill, of Bothell, Washington, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his!her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, 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 Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chainnan, 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 Secretary 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 ofindeUU1ity, and other writings obligatory in the nature of a bond, recognizance, or conditional Wldertaking, 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 Chainnan, 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 foregoing authority to 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, recognizance, contract of indeUU1ity, or writing obligatory in the nature of a bond, recognizance, or conditional Wldertaking 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 (Wlder 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 by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY 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, any Assistant Vice President, any Secretary, any Assistant Secretary, 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 SecretMies or Attorneys-in-Fact for purposes only of executing and attesting bonds and Wldertakings 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 Wldertaking to which it is attached. (11-00 Standard) 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 President and their corporate seals to be hereto affixed this 25th day of March 2002. STATE OF CONNECTICUT ¡SS. Hartford TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD /~~--~ By. George W. Thompson Senior Vice President On this 25th day of March, 2002 before me personally 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 helshe 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 his/her office under the Standing Resolutions thereof. ~~ c. ~ My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the StJlte of Connecticut, DO HEREBY CERTIFY that the foregoing and attJIched Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, StJlte of Connecticut. Dated this May , 2002. 2nd day of =rr;u' M- '" ¡J , By ~ Kori M. Johanson Assistant Secretary, Bond STATE OF WASHINGTON ) ) ss. ) COUNTY OF KING On this day personally appeared before me John Murnane, to me known to be the Operations Manager of Cascade Drilling, Inc., the corporation that executed the foregoing License, 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. GIVEN my hand and official seal this ?-..J.- day of """""" "" 'f- L-4 "', ..,~ -.I. ..';"'"... t1?ô> "" ... ,';:S :,,":;'SION ¿~"o ~'" (no . ",~\ """"'oJ-" 111 f ~!~'r ~OTAR}, ~\:..\ ~ : ,0 -.o!- (I); : l( )\ PUBLIC f?f ".:;, 40"",6'-23 -0'1, ",'",,-O.;: " ~ """""""""~6 .' """ Of' WAS"'" ",.., """""',' . Uh1? ( ed/printed name of notary) Notary Public in and for the State of Washington. My commission expires ('/~3/0 'ð . , 1:\csdc\docslsave\10918190073.doc G:\LA WFORMSlAgreement&PerformanceMaintenanceBond Rev. 01-31-02 APPROVED AS TO FORM: ~.~~~e* ¡W 1.I"d,ldo",",voIIO918190D73.do, G.\L,wFo=,IP"fo,m'""M,iRt'"'""Bo"d Rev 02/21102 EXHIBIT B PARTIAL RELEASE OF BOND # lO181O~41 The undersigned hereby acknowledges that a portion of the conditions of the Agreement and Perfonnance/Maintenance Bond for ARCO 5241 Environmental Remediation have been satisfied and hereby authorizes the release of an amount equal to One Thousand Five Hundred Sixteen and 9011 00 Dollars ($1,516.90). The remaining funds equaling thirty (30%) 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 perfonnance ofal! 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 ,2002. CITY OF FEDERAL WAY By: (Name, Title) EXHIBIT C FULL RELEASE OF BOND # 103810543 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 PerformancelMaintenance Bond for ARCO 5241 Environmental Remediation 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 Six Hundred Fifty and 10/1 00 Dollars ($650.10). 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 ,2002 CITY OF FEDERAL WAY By: (Name, Title)