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AG 02-032 \,~ ¿}..'Ç"". t"\ 2-1 DATE OUT: I JJ.¡rfenf~ LeMO5JW CITY OF FEDERAL WAY LAW DEPARTMENT REGlUEBT FOR CONTRACT PREPARATIONIDOCUMENT REVIEWIBIGNATURE ROUTING BLIP 1. DRI13INATIN13DEPT.JDIV., PW/ ..J::eA¡~PJ'!ll'AtbcServlet5 2. ORIGINATIN13 STAFF PERBON: ..J.lm F'linJ1 c.g EXT'~3. DATE REG. Bv, 4. TYPE OF DDCUMENT REGUEBTED [CHECK DNE]: 0 PROFESSIONAL BERVICE ABREEMENT )Q' BECUROTV DOCUMENT 0 MAINTENANCEILASOR ABREEMENT IE.B.. A-EE......." _FlMA'N ROND, "",,,-ME~ DF FUNDE 'N UEU DF _D' 0 PUBLIC WORKS CONTRACT D CONTRACTOR BELECTOON DOCUMENT D BMALL PUBUC WORKS CONTRACT <E.B.. RFR, REO, RF'" lLE.. THAN se",ooo, 0 CONTRACT AMENDMENT AG', 0 PURCHABE AB"SEMENT D EASEMENT <MATER~L8, SU~E., E~O"'EN" 0 OTHER 0 REAL ESTATE PURCHASE & BALES ABREEMENT 0 COB13 6. PRD.JECT NAME:.q¡ /vuwootL,) RDStWrrrL S. NAME DF CDNTRACTDR: 1:2.1;0 Hlrfn«.s LU./ ADDREBB,/~:L.I5 12fltl.AvtnUt S kMt: q'i: 082- PHDNE, (tf;15) .25/-&//0 TYPE DF PERBDN DR ENTITY [CHECK ONE]: 0 INDIVIDUAL 0 BOLE PROPRIETORBHIP BTATE: WA - TAX ID'19B': 0 PARTNERSHIP ~ CORPORATION , SI13NATURE NAME' ihli(ntlS A . fu(!j11o..uúe1A./ TITLE: vU~1 t1!J M~nrhtr 7. SCDPE DF WORK, ATTACH ExHIBIT A . A CDMPLETE AND DETAILED DESCRIPTION OF THE BERVICES DA BCDPE DF WORK, INCLUDIN13 CDMPLEnON DATE FOR EACH PHASE DF WORK AND LOCATION OF WORK. S. TERM, CDMMENCEMENT DATE' CDMPLETION DATE' B. TDTAL CDMPENSATIDN S [INCLUDE EXPENBEB AND BALEB TAX, IF ANy) IoF C=U~TED ON HDURLV LABOR CHARGE - A~ACH OCHEDULE. OF .~VEE. "...... AND HOUDAV RATmO) REIMBURBABLE EXPENBEB, DYEB DNo IF YEB. MAXIMUM DOLLAR AMDUNT, S IB SALEB TAX DWEO? DYEB OND IF YEB, S PAID BV, 0 CDNTRACTDR DCITY 10. SELECTION PRDCEBB UBED (CHECK DNE]: 0 REBUEST FOR BoOS 0 REmuEBT FOR GLODn!!8 0 ARCHITECT & ENGINEER LIST 0 REmuEBT FOR PROPOSALS 0 REmuEBT FOR GuAUFICATIONS 0 BMALL WORKS ROBTSR 11. Cw..M$-.Rj.t\:" Iþt/ ;:]b ~ ~ DIRECTOR -fr; þ,l"tfflr 1/;¡e¡/O:1- g¡{ LAw [ALL CONTRACTS'1o /A,ur ¡z/Z.7/0 I; I I:JG /0:1- 0 "oa- "'~.___.~_T !AU. CONnOA~ EXCE~ AMENDMENT&, CONnOACTOR .ELE='DN DDCUMEN" ,v"UMAN¡;¡;;¡;~1 /02- 11. CDNTFf::::J SIGNATURE RDUTIN13 INITIALIDATE ApPRDVED li< LAw DEPARTMENT ll2A~/¡; mr. COTV MANABER -to C.VL- t/I i 'ð / t z 'If I Y(t9(ð'--3s-- tif CITY CLERK -Jv CÚÌv ~ 41/ S' / ['.:U Ð 81R" .RV R '/1,¡¡¡'ò-;¡,.;i;c' fi:::"s Jflu,/o~ [] A__. . '11' n~.._- .IF. D,--- - I "BE CDMMENTB ORIGINAL WH'" - OR"'N"" '..yo w,~ co-=-= c_ov - C~.."" ~-" ~N' - ~w~. ~LD.N"D - DR~N'.'N' ..... ~.._v "~., A~4 0,)" .p3~ Applicant: 9280 Partners, LLC Project: Silverwood/Rosewood Property Address: SW 356th and 8th Avenue Federal Way, WA Bond #:856704S Permit #:01-100128-000-00-EN; 01-IOOI29-000-00-EN Bond Amount: $636,000.00 Cash Deposit Amount: $15,000.00 CITY OF FEDERAL WAY AGREEMENT AND PERFORMANCEIMAINTENANCE BOND THIS AGREEMENT ("Agreement") is dated effective this .!P'day of I't-br"4.(,ij;-¡,2002. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington munici al corporation ("City") and 9280 Partners, LLC, a Washington corporation ("Applicant"). A. The Applicant is required to perform certain work and/or complete certain improvements, including all improvements as shown on the approved plans for the above referenced project 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 accòrdance with the Plans as a condition of granting the Permit. NOW, THEREFORE, the Parties agree as follows: I. .!n:lProvemenlli. Applicant shall construct all improvements that remain unfinished to date including fil)al paving, streetlights, sidewalks, planter strips, and landscaping, 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. Completion of Work. The Applicant shall complete the Work to the City's satisfaction, within the time period prescribed by the City, on or before April 30, 2002, 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 perfonnance of the construction of the improvements and/or maintenance of the improvements pursuant to the Plans. Upon receipt of the bond the City will release the Assignment of Funds in Lieu of Bond dated May 24, 2001. 4. Release of Bond. If the Principal constructs the improvements in accordance with the tenns of the Bond, the Pennit and all applicable law, the sum of the Bond shall be reduced by One Hundred Thirty-Five Thousand Three Hundred Two and NOllOO ($135,302.00) Dollars after final (C(Q)[p1( 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 Five Hundred Thousand Six Hundred Ninety-Eight and NOllOO ($500,698.00) Dollars 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 release the remaining portion of the Bond by executing and de1ivering to Principal the Full Release of Bond attached hereto as Exhibit "C". 5. Right to Complete 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 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 hannless 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 Deposit. 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 DeDosit 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. License. Applicant shall record a license in the fonn 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 insure to the benefit of the Parties' successors in interest. Time is of the essence. :W'^"P?~ Thomas A. Barghausen Its: Managing Member 18215 72m!. Avenue South Kent, WA 98032 (425)251-6110 STATE OF WASHINGTON ) )ss. ) COUNTY OF KING On this day personally appeared before me Thomas A. Barghusen, to me known to be the Managing Member of 9280 Partners LLC, the corporation that executed the foregoing Agreement and PerfonnancelMaintenance Bond, 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. Give~ under my hand and official seal this -L day of '- JL, , 2002. ----"""""""" /l ¿ ~ .:-:~.o\.. BE-1\'. II L..-"~...f - .f' cr."'siö'¡¡",íS'O '" (notary signature) ¡ ...~~tp ~"~ ", (l~ f ---;?:, £4<5" n : ;0 ""OTARy~': ~ (typedfprintednameofnotary) ~ :° - en: ~ ~ \ PtJauc .: f "'~""!<::4-0~...~ .f 11~~~ý 11"".........----- Notary Public in and for the State of Washington My commission expires: /;;¿ l; / tJ<j By: 1,\c,dc'doc,lsave\4878225015.doc G,ILA WFORMSIPERFMAIN.AGT Rev. 01-28-97 APPROVED AS TO FORM: ~~~t*~&; AG.lfo2..¿¡32- EXHIBIT A Bond #856704S Project: SilverwoodJRosewood Pennit #: 01-100128-000-00-EN; 01-100129-000-00-EN CITY OF FEDERAL WAY PERFO~CE~AlNTENANCEBOND KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned, 9280 Partners, LLC, as principal ("Principal"), and Developers Surety and Indemnity Company, the undersigned corporation organized and existing under the laws of the State of Iowa, 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 Six Hundred Thirty-Six Thousand and NO/IOO ($636,000.00) Dollars for the payment of which they fmnly 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 complete the streets, sidewalks, street lighting, stonn conveyance, infiltration facility and landscaping related to the developments of Silverwood and Rosewood. 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 qn of said work, and shall hold the City, their officials, agents, employees and volunteers hannless ITom 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 ITom any damage or expense by reason of failure of perfonnance as specified in the Agreement, or ITom 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 there under 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 tenns 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 Perfonnance 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 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 February ,2002. CORPORATE SEAL OF PRINCIPAL: "w~ By: ~ Thomas A. Barghausen Its: Managing Member 18215 72nd Avenue South Kent, W A 98032 (425) 251-6110 CORPORATE SEAL OF SURETY: Developers Surety and Indemnity Company BY:~W.~ orney-m-Fact (Attach Power of Attorney) Jake W. Murphree Name of Person Executing Bond 9725 Third Avenue NE, Suite 602 Seattle, WA 98115 (206) 525-8201 BOND NUMBER: # 856704S POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725. IRVINE. CA 92623' (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, Ihal ex..pt as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CAUFORNIA, do each severally, hut noljointly, herehy make, constitute aud appolnl: ***Jake W. Murphree, Karen 1. Staff anson, Mary J. Thomas, Kenneth D. Thompson, jointly or severally*** as the true and lawful AttorneYlsHn-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporallons as surettes, bonds, undertakings and coDtrads of suretyship giving and granllDg unto sold Attorney(s)-In-Fact full power and authortty to do and to perform every act De┼ôssary, requisite or proper to be do.. 10 coDDeclion Iherewith as each of said corporalioDs could do, hut reservlDg to each of said corporalioDs full power of suhstitulioD aDd rev..,atloD, aDd all oflhe acts of said Attorney(s)-in.Fact, punuanl to Ihese preseDls, are hereby ratified aDd coDfirmed. This Power of Attorney Is granted and Is SigDed by facsimile uDder aDd by aDthority of the foliowlng resolulioDS adopted by the respective Board of Dlrecton of DEVELOPERS SURETY AND INDEMNITY COMPANY aDd INDEMNITY COMPANY OFCAUFORNIA, effective as of November I, 2000: RESOLVED, that tbe CbalrmaD of Ihe Board, the President aDd aDY Vice President of tbe corporatloD be, aDd Ibat each of them hereby Is, autborized to execute Powen of Attorney, qualifylDg Ibe attorney(s) Damed 10 the Powers of Attorney 10 execule, on behalf of the corporations, bonds, undertakings and contra<ts Df suretyship; and that the Secrelary or any Asslstaat Secretary of the corporations be, and each of them hereby Is, aulhorized 10 attest the execution of any sueb Power of Attorney; RESOLVED, FURTHER, that Ibe slgaatures o!such oftlcers may be amxed to any such Power of Attorney or to any certificate relallag thereto by facsimile, and any such Power of Attorney Dr certificate beariag such facsimile signatures shall be valid and binding UpoD Ihe corporallon whea so amxed aDd In the future with respect to any boDd, undertaklDg or contract o!suretyshlp 10 which It Is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY aDd INDEMNITY COMPANY OF CAUFORNIA have severally caused these preseDts to be SlgDed by their respective Executive Vk:e Presidenl aDd attested by their respective Secretary this 8" day of November, 2000. By, O~ David H. Rhodes, Executive Vice PresldeDt By, Vv~ U? Walter A. Crowell, Secretary ...~~;~::~~~:!;;;;:--. ¡~....t;\lPOI/-i;;:"',~ ~~;} STATE OF CAUFORNIA ) )SS. ) COUNTY OF ORANGE 00 November 8, 2000, before me, DlaDe J. Kawata, persoDally appeared David H. Rhodes and Walter A. Croweli, penoDally known to me (or proved to me 00 Ibe basis of satisfactory evldeD") 10 be Ihe penODS whose oames are subscribed tD the wlthlD InstrumeDt aDd acknowledged to me that they executed the same 10 their aulhorized capacities, aDd tbat by their slgDalures 00 Ibe IDslrumeDt Ihe eDtlty UpoD behalf of which the penODS acted, executed the InstromeDt. WITNESS my hand aDd omclal seal. Sigoalure ~,(Oo..t j ~~ . DlANEJ.KAWATA I p COMM. #1187928 . :> NDWIYPI.8UC-CALfORIIA ë ¡ OIWIGE COUN1Y - I MyCGtml.EJtp.Jan.8.20D2 , CERTlFlCATE The uDdmlgoed, as Chief OperatlDg Omcer of DEVELOPERS SURETY AND INDEMNITY COMPANY aDd INDEMNITY COMPANY OF CAUFORNIA, does hereby certify that the foregoing Power of Attorney remalDs 10 full foree and has nol beeu revoked, aDd furthermore, tbal the provlsloDS of the resolutioDs of the respective Buards o!Dlrecton of said corporalioDs set forth 10 the Power of Attorney, are 10 foreeas oflhe date oflhis Certificate. This Certiftcale is executed In Ihe City of Irvine, California, the I~ daYOft~~ ,d-<.>oà..... By ~ ~.~ David G. Lane, Chief Operallng Om..r 10.1380 (11/00) STATE OF WASHINGTON ) ) ss. ) COUNTY OF KING On this day personally appeared before me Thomas A. Barghausen, to me known to be the Managing Member of 9280 Partners, LLC, the corporation that executed the foregoing Performance/Maintenance Bond, and acknowledged the said instrument to be the tree 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. ---"""""" .:---Ò'- BE!.1V8 "'\ .:"$ """',..0.0.1, ;' CT..;:"SION i>~'.'" " , .~"? ""\;C). I 1 /~ ~OTAAY 1i;', ~ ~ =8 - en: ~ ~ : : ~ ~ ~ PtJBUC : , ',. ~" " ~....1¡>-4-0~..'" ./ 'Ii?'~ ........, - II" OFw, --.:'" """"""'--- ,~ (2 A A .. .L ~ ---../ (notary signature) !la/ð / Î3.t-,¡ Sð V) (typed/printed name ofnotary) ,2002. GWEN my hand and official seal this -L day of Notary Public in and for the State of Washington. My commission expires /;;1. /<1/ ¡() 'I ' { APPROVED AS TO FORM: EXHIBIT B PARTIAL RELEASE OF BOND #856704S The undersigned hereby acknowledges that a portion of the conditions of the Agreement and Performance/Maintenance Bond for Permit # 01-1O0128-000-00-EN, have been satisfied and hereby authorizes the release of an amount equal to One Hundred Thirty-Five Thousand Three Hundred Two and NOIlOO ($135,302.00) Dollars. The remaining funds equaling Five Hundred Thousand Six Hundred Ninety-Eight and NO/IOO ($500,698.00) Dollars 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 ,2002. CITY OF FEDERAL WAY By: (name, title) EXHIBIT C FULL RELEASE OF BOND # 856704S 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 Perfonnance/Maintenance Bond for Pennit # 01-100128-000-00-EN, 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 Five Hundred Thousand Six Hundred Ninety-Eight and NO/IOO ($500,698.00) Dollars. 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) FILED FOR RECORD AT REQUEST OF: MAIL TO: CITY OF FEDERAL WAY PO BOX 9718 FEDERAL WAY, WA 98063-9718 ATTN: Jim Femiing EXIllBIT D LICENSE Grantor(s): 9280 Partners, LLC Grantee(s): City of Federal Way, a Washington municipal corporation Property Legal Description (abbreviated): The NW V. of the SW V. of30-21N-4E W.M., less the NW V. of the NE V. of the SW V. of30-21N-4 E WM., Records of King County, Washington. Additional Legal(s): None Assessor's Tax Parcel ID No. 302104-9011 The undersigned owner of certain real property located in Federal Way, Washington and legally described as follows: The Northwest V. of the Southwest V. of Section 30, Township 21 North, Range 4 East W.M., Less the Northwest V. of the Northeast V. of the Southwest V. of Section 30 Township 21 North, Range 4 East W.M., Records of King County, Washington, ("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 PerformancelMaintenance Bond of even date entered into between the City and the undersigned and incorporated herein by this reference. DATED this ~day of ~ktt4<ï ,2002. 9280 PARTNERS, LLC £- ~ By: ~ ~_..-~ -=-=- Thomas A Barghausen Its: Managing Member 18215 72nd Avenue South Kent, WA 98032 (425) 25l-6110 STATE OF WASHINGTON ) ) ss. ) COUNTY OF KING On this day personally appeared before me Thomas A. Barghausen, to me known to be the Managing Member of, 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 was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. --""""""'" ----a\. BÆ:.\I, '\\, ;" -~ .""'. íS'.o 'I ;' v~>~SION"", ~ ~..-:$' ~... '/ " :~L\OT."""'~~ ~ ~ . 0 \' "" r In' ~ l :0 - (I): ~ ~ : PlÆIuC : .- II~'" ... : " ""!~-4-0~,':fl ,/ \~~/ \\"",............--- Ja, (l-L..<../ ~~ (notary Signatu~ (!t1-?"'o! 5oY? (typed/printed name of notary) ,2002. GNEN my hand and official seal this --1- day of Notary Public in and for the State of Washington. Mycommissionexpires 1.2-1'1/ð</ . Llcsdc\docs\save\4878225015.doc