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AG 02-012 ~~~ DATE DUT' CITY OF FEDERAL WAY LAW DEPARTMENT REIiIUEBT FOR CONTRACT PREPARATIONIDOCUMENT REVIEWISIGNATURE ROUTING BLIP 1. ORIOIINATINOIDEPT.IDIV., PW I J~Alf1l>pmCJ1i: SfA"Vil'/'.S 2. DRIOIINATING BTAFF PERSON' ..Âtlnj)D1Ae/ EXT'~ 3. DATE RE"'. Bv, 4. TYPE OF DOCUMENT RE"'UESTEO !CHECK ONEh 0 PROFEBBIONAL SERVICE AGREEMENT 0 MAINTENANCEILABOR A"REEMENT 0 PUBLIC WORKB CONTRACT 0 SMALL PUBLIC WORKB CONTRACT CLEee THAN se8,""'" 0 PURCHASE AGREEMENT CMATER'ALE. Su_u", EOU'_E"" ..Y SECURITY DOCUMENT f\ CE.".. _REEMENT" RER-..oN SAND, Aa8'aNMONT~ FUND. ON UEU ~ BD"'" 0 CONTRACTOR SELEC'nON DOCUMENT CE.".. RF", R_, RFa.> 0 REAL ESTATE PURCHASE & SALEB A"REEMENT 0 CONTRACT AMENDMENT 0 EABEMENT 0 OTHER 0 COBOl AG', IS. PRO.JECTNAME,:f}J)V ,Å/1f"tltÚw.S ðuhdiVIS/ñJ1') B, NAME OF CONTRACTO~('h¿idq f/r.yY'YJt.(j, Th f!.). ,2þ1 j Fr' PHONE' t")(;/) ;J-t.} f - :J-Lj 7 / TYPE OF PERSON DR ENTITY !CHECK ONEh !f{);<¿:; ~ ~:~~~:~HOR ~::::'~:TORBHIR STATE':IÞJÆCAX IO'ISS', BIIiNATURE NAMJR A1Y1 is Atfrr d s Ò'Yt/ TITLE,A1gV' q :Dt ViI. d (11 VI £1ý 7. SCOPE OF WORK, ATTACH EXHISIT A . A COMPLETE AND DETAILED DESCRIPTION OF THE SERVICES DR BCDPE OF WORK, INCLUDING COMPLETION DATE FDR EACH PHASE OF WORK AND LOCATION OF WORK. ADDRESS, B, TERM, COMMENCEMENT DATE' COMPLETION DATE' S, TDTAL CDMPENSATIDN S !INCLUDE EXPENSES AND SALES TAX, IF ANY) toF CALCULATER RN HDURLV LAODR CHARGE - ATTACH eCHODULES DF EMOLeVEE. nTLE. AND H~DAV RATE.' REIMSURSASLE EXPENSES' DYES 0 YES ONO ONO IF YES, MAXIMUM DOLLAR AMOUNT' . Is SALES TAX DWEO? IF YES, S PAIOSV: 0 CONTRACTOR 0 CITY 10. SELECTION PROCESS USED !CHECK ONE': 0 REIiUEST FOR SlOB 0 REIiUEST FOR PROPOSALS 0 REIiUEST FOR I31UDTES 0 RE"UEBT FOR I31UALIFICATIONS 0 ARCHITECT & EN"'NEER LIBT 0 SMALL WORKS ROSTER 11. CW,~Ej¡: (::'AL~ CONTRACTBJ-tr; taw-Iz/:L1/()I, 11D2/0;L D R18.. r1>..___~,.,~,., ~ CALL CDNTRACTO EXCEPT AMENDMENT&, CDNTR~R eELEcn~ DCCUMENn INITIALIDATE ApPROVED ¡ßf I/1IJ.f1 WtflfV/11!J eX, D Ï#"ió' ลก~ d¿¡ ~ /11,/J; .:thV- II/v /!X¿ 11. CONTRACT SIGNATURE ROUTINOI INITIALIDATE ApPROVED n "onN r"DV ----...... OR""NAT'NG DEPT. IiJh,-.,~"~n. OB.-I:J. .Q O"Drw.-'.'- PLEASE CHAR"E TO' ~ . ~ ~þ/,d" ~ !LAW OEPAIOTMENT COTY MANA"ER'W ~t./4/0Z- CITY CLERK COMMENTS WH'TE - O.'.'NA' ~AY. - =~= c_ov - ~.. = ~A" 0'- - ~W 0_. _LDE.ODD - OODWA- ~- ~e. ..~ "~e' /I G¡ II 0;2 - /;;¿ Applicant: Schneidcr Homes, Inc. Project: Belle Meadow Subdivision Property Address: 346XX 21" Avenue SW Federal Way, W A 98023 Bond #: 8568705 Permit#: 00-1 061 40-000-00-EN Bond Amount: $573,796.68 Cash Deposit Amount: $14,345.00 CITY OF FEDERAL WAY AGREEMENT AND PERFORMANCE/MAINTENANCE BOND THIS AGREEMENT ("Agreement") is dated effective this,25t:y of ICLv1UJl..(~;î 200þThe parties ("Parties") to this Agreement are the City of Federal Way, a Washingfon munici I corporation ("City") and Schneider Homes, Inc" a Washington corporation ("Applicant"). A. The Applicant is required to perform certain work and/or complete certain improvements, including constructing streets, storm drainage, sewer, water, dry utilities, street trees and street lights as necessary to plat the parcel into 41 single family lots, including offsite improvements to 21" avenue SW 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 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 performance of work, maintenance or repair in accordance with the Plans as a condition of granting the Pcrmit. NOW, THEREFORE, the Parties agree as follows: 1. Improvem.ents. Applicant shall construct all improvements and perform all maintenance pursuant to the Plans, to the City's satisfaction ("Work"). The obligation to maintain the improvements shall continue for a period of two (2) years after issuance of the certificate of occupancy or final inspection, or such longer period as required by the FWCC or other applicable law, rule or regulation. 2. Completion of Work. The Applicant shall complete the Work to the City's satistàction, within the time period prescribed by the City, and in full compliance with the Plans, including any approved amendments thereto, and in conformance with all applicable laws, rules or regulations. 3. Performance/Maintenance Bond. Applicant shall deliver the fully executed Performance/Maintenance Bond to the City in the fonn attached hereto as Exhibit "A" and incorporated by this reference ("Bond"), to guarantee Applicant's performance of the construction of the improvements and/or maintenance of the improvements pursuant to the Plans. 4. Release of Bond. If the Principal constructs the improvements in accordance with the terms of the Bond, the Pennit and all applicable law, the sum of the Bond shall be reduced by sevent) 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 "8". Except as set forth in the preceding sentence, the Bond shall remain in full force and effect. That portion of the ORIGINAL 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 Complete 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 oflbe 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 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 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 ofthe Bond: Amount of Bond Amount of Cash Deposit 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 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. 11. General Provisions. This Agreement may not be amended except by written agreement signed by the Parties. Any provision of this Agreement which is declared invalid, shall not invalidate the remaining provisions of this Agreement. The failure or delay of the City to declare any breach or default 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. Its: evelopment and Construction By: 65 0 Southcenter Boulevard Tukwila, WA 98188 (206) 248-2471 STATE OF WASHINGTON ) ) ss. ) COUNTY OF KING ~~"ì:"~/ m\= ~~. ~ , 1~~ , . "'-\~ , ", '\ ""~!Z:.! "I ~.... -- I" ..... ....- 'h"..".."" On this day personally appeared before me Dennis Alfredson, to me known to be the Manager of Development and Construction of Schneider Homes, 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 ~6"1l! day of .::r/II-tJIAIrtL'f' , 200~_. (notary Signþ t . h ff..e.¡<lÞr7þ(l f.-.. ñ'JtN~()a- (typed/printed name of notary) ~~t~~:~~~~~~~ :~:i:~; the S~~5;~~von. CIT By: 33530 I st Way South PO Box97l8 Federal Way, WA 98063-97]8 STATE OF WASHINGTON ) ) ss. ) COUNTY OF KING On this day personally appeared before me David H. Moseley to me known to be the City Manager of City of Federal Way, 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 'ill""'. "'"y, ;, fuo oo~=,,~" Of~"ÜO" GN,,"' '"' b,od..d offid. ~ 7:;L ~~:~ (n tary sj¡;nature) ~ A/rUtlÆ'IC¡;'T/Illr; , (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires If(~/ ð ~ / A~~r ;A~- CIty Cle k, N. Christine Green, CMC APPROVED AS TO FORM: ~ø1(J~Jr ob C. Sterb n , City At! ey 1:\csdc\docs\save\34445111025.doc Bond # 856870S EXHIBIT A Project: Belle Meadow Subdivision Permit # 00-1 06140-000-00-EN CITY OF FEDERAL WAY PERFORMANCEIMAINTENANCE BOND KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned, Schneider Homes, Inc., as principal ("Principal"), and ~ ~*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 firmly bound unto the City of Federal Way, a Washington municipal corporation ("City") in the penal sum of Five Hundred Seventy-Three Seven Hundred Ninety-Six and 68/100 Dollars ($573,796.68) for the payment of which they firmly bind themselves and their legal representatives, successors and assigns, jointly and severally. *Developers Surety and Indemnity Company 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 construct streets, stonn drainage, sewer, water, dry utilities, street trees and street lights as necessary to plat the parcel into 44 single family lots, including offsite improvements to 21" avenue SW. NOW, THEREFORE, 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 provisions 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 perfonnance of said work, and shall indemnify and hold the City hanDless from any damage or expense by reason offailure ofperfonnance as specified in the Agreement, or from 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 tenDS 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 tenDS of the Agreement or to the Work. The Surety hereby agrees that modifications and changes may be made in the tenDS 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. 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, ifany, 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 21st day of January ,2001....- Its: 6510 SouthcenterBoulevard Tukwila, WA 98188 (206) 248-2471 CORPORA TE SEAL OF SURETY: Surety DEVELOPERS SURETY AND INDEMNITY COMPANY By: ~t:.~ (Attach Power of Attorney) Jake W. Murphree Name of Person Executing Bond 9725 - 3rd Avenue Seattle, WA 98115 Address (206)525-8201 Phone NE, Suite 602 BOND NUMBER: 856870S APPROVED AS TO FORM: lW1O1A ~~~ Bob C. Sterba, City Atto ey CERTIFICATE AS TO CORPORATE SEAL I hereby c~ that I am the (Assistant) Secretary of the Corporation named as Princ. ipal in the within bond; that '1115 A/-I're'so><...- , who signed the said bond on behalf of the Principal, was ¡n~,.. c(f:,eve/OIJ~ of the said Corporation; that I know his or her signature ther~to is geruine, a d that said bond was duly signed, sealed, and attested for and in behalf of said Corporatior, by "uthprity of its governing body. - 1:lcsdcldocslsave\34445 I I IO25.doc '- '-. POWER OF ATIORNEY 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, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each severally. hut ootjointly, herehy make, constitute and app"int: **"Jake W. Murphree, Karen L. Staff anson, Mary 1. Thomas, Kenneth D, Thompson, jointly or severally*"* as the Irue and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on hehalf of said corporations as sureties, bonds, undertakings and contracts of snretyshlp giving and granting unlo said Attorney(s)-in-Fact full power and aothorlty to do and to perlono every act necessary, requisite or proper to be done In connection therewith as each of said corporations could do, hut reserving to each of said corporations fnll power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratlfled and confirmed. This Power of Attoroey Is granted and is signed by facsimile under and by aothorlty "f the foll"wlng resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November I, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation he, and that each of them hereby Is, authorized to execute Powers of Attorney. qualifying Ihe attorney(s) named In the Powers of Attorney to execute, on hehalf "f the c"rporations, bonds, undertakings and contracts olsuretyship; and thaI the Secretary or any Asslslant Secretary of the corporations be, and each of Ihem herehy Is, anthorlzed to attest the execution of any such Power of Att"rney; RESOLVED, FURTHER, that the signalures of such officers may be affixed to any such Power of Attorney or to any certificate relating Ihereto by facsimile, and any such Power of Att"rney or certificate bearing soch facsimile slgnatnres shall be valid and hlndlng upon the corporation when so affixed and In the future with respect to any bond, nndertaklng or contract of suretyship t" which It Is attached. IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANV and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to he signed by their respective Executive Vice President and attested by their respective Secrelary this 8" day of Novemher, 2000. By: c-~ ~ David H. Rhodes, Executive Vice President "","':;"A;¡O't'..".. (~;$ By: 1Iv~ U1 Walter A. Crowell, Secretary STATE OF CALIFORNIA ) )SS. ) COUNTY OF ORANGE On November 8, 2000, hefore me, Diane J. Kawata, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or pr"ved to me on tbe basis of satisfactory evidence) to be the persons whose names are sobscrlbed 10 the within Instrument and acknowledged to me Ihat they executed the same In their authorized capacities, and that hy their signalures on thelnstrnment the entity upon behalf of which the persons acted, executed the instrnmen'. WITNESS my hand and omcial seal. Signature ~.IQ>-t!J ~~ Ie ~~,J¡,~= L 5 NOWIYPUBUC-CAlIFORttA ë ¡¡ ORANGE COUNTY ~ 1 MrComm.bp.Jln.8,2002 I CERTIFICATE The undersigned, as Chief Operating Omcer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify tha' the foregnlng Power of Attorney remains In full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards o!Directors of said corporations set forth in the Power 01 Attorney, are in lorce as oflhe date olthis Certificate. This Certificate Is executed in the CIty of Irvine, California, the ;¡, I ~ay o~ . ao.o.;:..., . By Q~.~ David G. Lane, Chief Operating Omcer ID.1380 (11/00) EXHIBIT B PARTIAL RELEASE OF BOND # 8568708 The undersigned hereby acknowledges that a portion of the conditions of the Agreement and PerformancelMaintenance Bond for Schneider Homes, Inc. have been satisfied and hereby authorizes the release of an amount equal to Four Hundred One Six Hundred Fifty-Seven and 68/1 00 Dollars ($401,657.68). 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 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 ,200_. CITY OF FEDERAL WAY By; (Name, Title) FILED FOR RECORD AT REQUEST OF: MAIL TO: CITY OF FEDERAL WAY PO BOX 9718 FEDERAL WAY, WA98063-9718 ATTN: Ann Dower EXHIBIT D LICENSE The undersigned owner of certain real property located in Federal Way, Washington and legally described as follows: TAX PARCEL NO.(S): 242103-9074 Full Legal description attached hereto as Exhibit "A" and incorporated herein by this reference ("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 7Q~ daYOfc-J",..,A,,'7 SCHNE ,20~. C. STATE OF WASHINGTON ) ) ss. ) COUNTY OF KING On this day personally appeared before me Dennis Alfredson, to me known to be the Manager of Development and Construction of Schneider Homes, 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 ZJ"f1! day of fA#. C. """"""'" . / -.....'" \.. F 'II (notary sIgna e) / fi--.. "I", fi7t;f/P7I/1)" C. ñïe.-fi,.Ðn/.<:u2.- :- ~~~ " (typed/printed name of notary) i t -i,\~ § Notary Public in and for the State of Washington. \"~~~i My commission expires S--/?'-¿>Y " ~ """';...." : 'I "It-. -- """""""" II,"" ..-- ""0 \. F. 'II """,.....", íÄ-- " - """"'N I f :~' "" \, :; 0( II ~'~ nll~ ~ ~% ~& iN: II ." "11 ..t9».~~ : I II -~A."O"'""",,-- - :' " 'iff - "1\ o,WII ........- """"" , 200 2-. 1:\csdc\docs\save\34445111025.doc EXHIBIT A TAX LOTS NO.(S) 242103-9074 PARCEL A: THE NORTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 21 NORTH, RANGE 3 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON: EXCEPT THE WEST 30 FEET CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDED UNDER RECORDING NUMBER 842329; AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 89053001 17. PARCEL B: THE SOUTH HALF OF THE NORTH HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 21 NORTH, RANGE 3 EAST, WILLAMETTE MERIDIAN, IN KING CO;UNTY, WASHINGTON; EXCEPT THE WEST 30 FEET CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDED UNDER RECORDING NUMBER 842330; AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 9510261406. SCHNEIDER HOMES, INC CONSENT IN LIEU OF SPECIAL MEETING OF DIRECTORS PURSUANT to the Washington Business Corporation Act, the undersigned, being all of the directors of Schneider Homes, Inc., a Washington Corporation (the "Company"), by this instrument in lieu of a special meeting of the Board of Directors of the Company, hereby consent to the adoption of the following resolution: RESOLVED, that Dennis Alfredson, being a licensed Civil Engineer in the'State of Washington and holding the position of Manager of Land Development and Construction at Schneider Homes, Inc., is hereby authorized to execute any and all documents or agreements with any private or public company or agency that may be necessary to facilitate the development of land ówned by Schneider Homes, Inc. Specifically, he is authorized to execute documents including, but not limited to: contracts, applications, bond forms, developer extension agreements and easements between Schneider Homes, Inc. and any individual, corporation, city, county or utility district or any other agreement he deems necessary in his sole discretion in the process of developing land and/or recording of plats, short plats or P.U.D.s. .~ EXECUTED the I" day of July, 1997. EXHIBIT C FULL RELEASE OF BOND # 8568708 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 Schneider Homes, Inc. 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 One Hundred Seventy-Two Thousand One Hundred Thirty-Nine and 00/100 Dollars ($172,139.00). 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 ,200- CITY OF FEDERAL WAY By: (Name, Title)