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AG 95-091 TriAT§ ï~ Te~ÙL-lf. 'J~¡J CITY OF FEDERAL WAY LAW DEPARTMENT CONTRACT PREPARATION/DoCUMENT REVIEW/SIGNATURE ROUTINI3 SL.IP 1. aRIGINATING OEPT.lOIV.: ?W - ~P"""Grv!- ~K'\I1,c., " 2, ORI13INATIN13 STAFF PERseN: -JuLI IF \l E.A11\1 EXT: 41 zt:f" 3. DATE REQ. Bv: ~ "7\ ~ 4. TYPE eF DecuMENT REQUEBTED (CHECK eNE): 0 PRCFESSICNAL SERVICEB AGREEMENT 0 MAINTENANCE/LABCR AGREEMENT 0 PUBLIC WCRKS CCNTRACT 0 BMALL PUSLIC WCRKS CCNTRACT '.ESS THAN .",000' j( SECURI;Y OCCUMENT 'E,...~ 'UNEN' A P.."HAON "aNa: ~aSO.N.ENT ., "'NO. 'N LOEU 0' "oNol 0 CCNTRACTCR BELECTICN OCCUMENT '0,... OF", ",", RFQ' Li PURCHASE AGREEMENT 'HATE"A.S, SUPPUES, EOUOP.ENT' 0 REAL ESTATE PURCHASE & SALES AGREEMENT 0 CCNTRACT AMENDMENT 0 EABEMENT 0 aTHER --' AB#: 5. PRO.JECT NAME: ~TQbL, . c:::...til.c:;,,¡.;...ß..6L' ~~~LD '74 - D¡>,4 l<> 5, NAME Of" CONTRACTOR: ACCRESS: n~_.___~, ~- PHeNE: TYPE eF PERBeN eR ENTITY (CHECK eNE): 0 IND'VIDUAL 0 PARTNERSH'P 0 SCLE PRCPRIETCRSHIP 0 CCRPCRAT'CN BTATE:~ TAX le#/SS#: SIGNATURE NAME: TITLE: 7. SCOPE Of" WORK: ATTACH EXHIBIT A - A ceMPLETE AND DETAILED CEBCRIPTleN eF THE BERVICEB eR BcePE eF weRK, INCLUeIN13 ceMPLETleN eATEB FeR EACH PHABE OF weRK AND LOCATleN eF WORK. S. TERM: CeMMENCEMENT OATE: CeMPLETleN DATE: '" OA.OU~TOO ON HOU'.' .Aaop OHA'OO - AYTAOH SOHOOU." 0' E"".O"" TIT.OS AHa HOU..' 'AUS' $ 9, TOTAL COMPENSATION: REIMBURBABLE EXPENSEB: DYES ONe IF VEB, MAXIMUM ceLLAR AMeUNT: $ IB SALEs TAX OWEe? 0 YEB 0 Ne IF VES, PAle BV: 0 CeNTRACTeR OCITV 10. SELECTleN PRecEBB UBED (CHECK ONE): 0 REQUEST FCR BICS [J REQUEST FOR PRCPCSALS 0 REQUEST 'CR QUCTES 0 REQUEST ,CR QUALlFlCATICNS 0 ARCHITECT & ENGINEER LIST 0 BMALL WCRKS RCBTER ~AW (ALL CCNTRACTS' ) 0 RISK MANAGEMENT t() 1fT 'A.. OON<OAOTS mo"T A.ENO.EHTS, OOHTOAUTO' SO.OOTIOH OOOUNENT' 1 " CONTRACT REVIEW [J PURCHAS'NG 12. CONTRACT SII3NATURE ROUTINI3 INITIAL/DATE ApPReVEe ~ 7 W DEPARTMENT 101(01., MANAGER ~ \ CLERK Ii ~~~5 ::IiI""" ,.., COMMENTS =- ~¡,~,Y £r ~n -UÚA OY\..{, ~ QQ~_..- WHITE - 0"00" TAn W'TH OOHTOA°T< CA.AO' , O"O'NATINO sm~ "ONK - ~W OEn, Ga.OENOaO .0'" '.OY "'" AG q5 -q/ Applicant: BC Northwest, LP Project: Boston Market Restaurant Property Address: 1301 S. 320th Street Federal Way, WA Bond #: C¡4Î~ Permit#: BLD 94-0846 Bond Amount: $64,320.00 Cash Deposit Amount: $1,930.00 CITY OF FEDERAL WAY AGREEMENT AND PERFORMANCE/MAINTENANCE BOND THIS AGREEMENT ("Agreement") is dated effective this ~ay of April, 1995. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City") and BC Northwest, LP, a Delaware corporation, ("Applicant"). A, The Applicant is required to perform certain work and/or complete certain improvements, including on-site drainage and pavement improvements 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 146 through 159 of the Federal Way City Code ("FWCC") as now existing or hereafter adopted or amended, to guarantee Applicant's performance of the required construction of improvements or performance of work, maintenance or repair in accordance with the Plans as a condition of granting the Permit. NOW, THEREFORE, the Parties agree as follows: 1 . ImDrovements. 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. 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. 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 performance of the construction of the improvements and/or maintenance of the improvements pursuant to the Plans. ORIGINAL 4, Release of Bond. If the Principal constructs the improvements in accordance with the terms of the Bond, the Permit and all applicable law, the sum of the Bond shall be reduced by seventy percent (70%) after final inspection and approval of the improvements by the City and the City will deliver to Principal the fully executed Partial Release of Bond attached hereto as Exhibit "B", Except as set forth in the preceding sentence, the Bond shall remain in full force and effect. That portion of the Bond equal to thirty percent (30%) of the original penal sum shall remain in full force and effect for two (2) years after final inspection and approval, as a maintenance bond to guarantee against defective materials and workmanship in the construction of the improvements and to insure continued maintenance of the improvements. Two (2) years after final inspection 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. Riaht to ComDlete Work. In the event the Applicant fails to perform the Work, the City may, but in no event is it obligated to, request the disbursement of the Bond from the surety and perform any of the necessary Work. Upon demand, Applicant agrees to pay the City an amount equal to all of the City's costs and expenses in performing such Work in excess of the amount of the Bond. 6. ~. 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 DeDosit. 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 $100) 4% of Bond 3% of Bond 2-1/2% of Bond The cash deposit may be used by the City to cover its actual expenses in administering this Agreement and, if necessary, collecting and using the proceeds from the Bond, 9. Remedies Cumulative. No remedy provided for by this Agreement shall be deemed exclusive, but shall be deemed cumulative and in addition to every other remedy available to the City at law, in equity or by statute. Applicant's liability under this Agreement is not limited to the amount of the Bond. 1 O. ~. Applicant shall record a license in the form attached hereto as Exhibit "D" and incorporated herein by this reference with the King County Department of Records, immediately upon the execution of this Agreement and at Applicant's cost, -2- 11. General Provisions. This Agreement may not be amended except by written agreement signed by the Parties. Any provision of this Agreement which is declared invalid. shall not invalidate the remaining provisions of this Agreement, The failure or delay of the City to declare any breach or default shall not waive such breach or default. This Agreement may not be assigned by any Party without the written consent of the other Party. This Agreement shall be binding upon and insure to the benefit of the Parties' successors in interest. Time is of the essence. :N~ G fr i!IIJ t£ Its . --.. 1601 - 114th Ave. S.E.. #130 Bellevue. WA 98004 (206) 646-3264 CITY OF FEDERAL WAY B~~ 33530 1 st Way South Federal Way. WA 98003 ~,~~ City Clerk. N. Christine Green APPROVED AS TO FORM: ú..r-o:: K,\bood.\bo"o"~k.""d ,Rov, 09-30-94 ","""c;~""" ", "'~~""""~Þ~-9"'" .." ~,,"'..\ON E.¡-,¿-'" -:. :::::;i~""'o'AR~ ~~ ~ : :~ T ~:- : :0 -'- "': : - .<:1 -~. , \ PU8\.\t. :,~: \cP~"" g..,?,98,""'~$ ""~)'~""",,""~<f'..,, "."OF W";..,, ......" ~C¡¡MJ ..¡- ~ 1-0 ~ 11M crr:..~ I ~ ~ ~ ~ ~\ \ 'l0¡:;- Þ'-1 Úì-e.off '1- I 1'\ JL-c f!!-~ ~ :J\I\-~YV\ ~of~ VV\'1C~l~ t;¡{Jt-W t1 ) ILl qy; -3- EXHIBIT A Project: Boston Merket Permit #: BLD 94-0848 CITY OF FEDERAL WAY PERFORMANCE/MAINTENANCE BOND KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned, BC Northwest, LP, a Delaware corporation ("Principal") and SAFECO INSURANCE COMPANY OF AMERICA, the undersigned corporation organized and existing under the laws of the State of Washington, and legally doing business in the State of Washington as a surety ("Surety"), are held and firmly bound unto the City of Federal Way, a Washington municipal corporation ("City") in the penal sum of Sixty-Four Thousand, Three Hundred Twenty Dollars and no/1 00 ($64,320.00)for the payment of which they firmly bind themselves and their legal representatives, successors and assigns, jointly and severally. This obligation is entered into 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 perform on-site drainage and pavement improvements. 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 performance of said work, and shall indemnify and hold the City harmless from any damage or expense by reason of failure of performance as specified in the Agreement, or from defects appearing or developing in the material or workmanship provided or performed under the Agreement within a period of two (2) years after its final acceptance thereof by the City, then and in the event this obligation shall be void; but otherwise, it shall be and remain in full force and effect. And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications 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 terms and provisions of the Agreement without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically 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 /:1 day of ~C- CORPORATE SEAL OF PRINCIPAL: """""" ..,~" Co ", """v't-",""".,.9Þ,,," ~~"~'õ\ON ë./-",-9", : "',,~...otARY~';-O. --:' :: ~g -t- ~~ : :. <11\ ÞUB~\V f¿S:: \~"'" 9.12.98","~.l ..#.í'~"""'I1'" ~.." "'"OF WAr¿,~..." ""....., -2- . 1995. BC NORTHWEST. lP BY~ -. Gfoff 2I/II/Œ Its: qr? (Title) 1601 - 114th Avenue. S,E.. #130 Bellevue. WA 98004 (206) 646-3264 .J¿~ J J ct ~.~ -Iö NðU. f'V ûV\.. fit.c; ¡?)rk. Jv¡ of ~/ I1Cfs--' be:) (h~off r¿ ~Ú:L If} -(Úu.{ fcc~ .....-.1 dl-aflYl ~()of-e r ~ (¡Îf\^J~l c""' ~ piÁ.uJ . . f1'j1 lJ 1i ~ CORPORATE SEAL OF SURETY: SAFECO INSURANCE COMPANY OF AMERICA 4~~ Jt~/M~ Attorney-in-Fact, ," (Attach Power of'Attorney) By: Donna Guerrieri, Attor~ev-in-Fact (Name of Person Executing Bond) 2800 w. Higgin~ Rd. Ste#llOO HoffIQa,n E~tate(; (Address) IL 60195 (708)490-2317 (Phone) APPROVED AS TO FORM: ~')~ CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I 'QI1 the (ASsist< ~ecretary of the Corporation named as Principal in the within b~that qeufF Ãì¡J ,who signed the said bond on behalf of the Principal, was íÅt:f¡Ú£lZ- of the said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and ted for and in behalf of said Corporation by authority of its governing b /t. KI'F<) ""'ÆRFMAIN,BND Rov, 09-30-94 "",""" ..., ~N Co "## .' V~,"'I11"'"o,o~#.. $ ~",'{.",\ON ~J::" -5>"~ ~ tf~:2 ~1 ~~"'(kl& '* AW~", to ~ IV'-'-- "1--.. ~cP~ PUB~\t. $~:: .-I 1J ' l<!o,G ~""" 9-12-98 l'i?::.~ jC¡'t'-- "'-"'-'-'\, r~\1 1':3 .. "';-. '" ", () .." ##~"""""',!\~" ~ '^--,. ###,o¡: Wþ.$Vi..'" b'--"). 1..)a....-,. flY \CUL{':':,°'ì ""m"" Fl ~ ~ -.J I II-Cti'\Vì ~OOffí- V¥\.'1 (t~rnJ~vd [Y:-f L-iLð.' ~ )¡2) ~ & Secretary or Assistant Secretary -3- L POWER OF ATTORNEY SAFECO INSUltANCE COMPANY OF AMERICA GENE'.... INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PlAZA SEATTLE. WASHINGTON 88185 KNOW AU BY THESE PRESENTS: No. 9478 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint .................. .............. DONNA GUERR I ER I . ............................................. Its true and lawful attorne;<sJ-in-fact. with full authority to execute on its behalf fidelity and s...ety bonds or ""dertakings and other doct.ments of a similar character issued in the course of its business, and to bind the respective canpany thereby. IN WITNESS WHEREOF. SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 4th day Of January .19~. CERTIFICATE Extract fran the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 'Article V. Section 13. - FIDELITY AND SURETY BCNJS . , . Ihe President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of S"'Bty Opera1ions. Shall Bach have authority to appoint individuals as attorneys-in-fact or under other appropriale litles with authority to exBcute on behalf of IhB ccmpany fidelity and s...ety bonds and other docU'nØnts of similar character issued by the canpany in the course of its business. . . On any instnrnenl making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrU'nØnt conferring such authority or on any bond or undertaking of the canpany, the seal. or a facsimile thereof. may be impressed or affixed or in any other mamer reproduced: provided. however, that the seal shall not be necessary to the validity of any such instrU'nØnt or undertaking." Extract fran a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 2B. 1970. "On any certificate executed by the Secretary or an assistant secretary of the Canpany setting out, (i) The provisions of Article V, Section 13 of the By-Laws. and (ij) A copy of the power-Of-attorney appointment. executed p...suant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect. the signat...e Of the certifying officer may be by facsmle, and the seat of the Canpany may be a facsimile theteof." L R. A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICAo do hereby certify that Ihe foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and cf a Power of Attorney issued pursuant thereto. arB true and correct, and that both the By-Laws, the Resolution and the PowBr of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have heteunto set my hand and affixed the facsimile seal of said corpora1ion this 18th day of April ,19~. S-8WEP 1183 @ 'e8;ste,.. "e.eme" of SAFE CO Corpo,et;on. m SAFECO@ SAFE'" INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON .'185 ACKNOWLEDGMENT BY SURETY STATE OF ILL INOIS County of MCHENRY } ss. On this 18th day of April , , 995 ,before me personally appeared DONNA GUERR I ER I , known to ~e Attorney-in-Fact of SAFECO INSURANCE COMPANY OF AMERICA, GENERAL INSURANCE COMPANY OF AMERICA, FIRST NATIONAL INSURANCE COMPANY OF AMERICA or SAFECO NATIONAL INSURANCE COMPANY, the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my ollicial seal, at my ollice in the aforesaid County, the day and year in this certificate first above writlen. (Seal) ."", "ðI"I"'ICIAL SEAL" 5 BEVERLY ~ JOHANNESEN! NOTARY PUBLIC. STATE OF ILLINOIS' MY COMMISSION EXPIRES 6/5/95 ~ --.-.--.-..... S.230/EP 5/91 @ Registered trademark of SAFE CO Corporation, PRINTED IN U,S,A. EXHIBIT B PARTIAL RELEASE OF BOND # The undersigned hereby acknowledges that a portion of the conditions of the Agreement and Performance/Maintenance Bond for Boston Market Restaurant, Permit No. BLD 94-0846 have been satisfied and hereby authorizes the release of an amount equal to Forty-Five Thousand, Twenty-Four Dollars and no/100 ($45,024.00). The remaining funds equalling 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 ,1995. CITY OF FEDERAL WAY By: (Name, Title) EXHIBIT C FULL RELEASE OF BOND # TERMINATION OF LICENSE The undersigned hereby acknowledges that the two (2) year maintenance period has expired, that the work or improvements covered by the Agreement and Performance/Maintenance Bond for Boston Market Restaurant, Permit No. BLD 94-0846 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 Nineteen Thousand, Two Hundred Ninety-Six Dollars and no/100 ($19,296.00). 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 ,1995. CITY OF FEDERAL WAY By: (Name, Title) EXHIBIT D FILED FOR RECORD AT REQUEST OF: BC NORTHWEST, LP (Applicant's Name) THIS SPACE RESERVED FOR: RECORDERS USE: MAIL TO: CITY OF FEDERAL WAY 33530 1ST WAY SOUTH FEDERAL WAY, WA 9B003 ATTN: Julie Venn LICENSE The undersigned owner of certain real property located in Federal Way, Washington and legally dsscribed as follows: Legal description attached hereto as Exhibit '1' 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 Performance/Maintenance Bond of even date entered into between the City and the undersigned and incorporated herein by this reference, ~-- DATED this ß.day OT~ 995. ~ . ~_&* [Individual Notary) [Corporate Notary) STATE OF WASHINGTON) ) ss. COUNTY OF KING ) STATE OF WASHINGTON) ) ss. COUNTY OF KING ) c,fflf ¿, .'\ IlL ~t,h~~ ~a: ~~~~n:~I~eai:eeaí1. &ef~~ of BC NORTHWEST, LP, 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. tZ ~ hand an~ 1~~~i.al seal this J..2!:day of ,O<~;;;;;~;~~;;: ;;'0;::;:'., W"o;o",..... ~,~;r3: ~ ~~~ My commission expires ~~~'\,.ANN IIIIII (typed/printed name of notary) ......" \~\:ššiö"'£:>O","" Notary Public in and for th~t1.rz:\ ~aShington. ¡ $':+~lIor'¡' <,"',,~~y commission expires 2... 0 : ~¿¡ ~-9 ";-'--,,:- . = ......... )- - : :~= .0 '......... " :~~ (/SL/C "'.;,«\",,9-'2-98 ":0" "....°,.,::::"""""\,, ,,'- "',,~~SH\".~.." On this day personally appeared before me, to me known to be the individuaHs) described in and who executed the foregoing License, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned, GIVEN my hand and official seal this - day of ,19_, ORIGINAL EXHIBIT "I" LEGAL DESCRIPTION PARCEL A: LOT 4 OF CENTURY, ACCORDING TO THE PLAT THEREOF RECORDED UNDER VOLUME 104 OF PLATS, PAGES 68 THROUGH 72, RECORDS OF KING COUN1Y, WASHINGTON. PARCEL B: AN EASEMENT FOR INGRESS AND EGRESS OVER, UNDER AND ACROSS: THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIANo IN KING COUN1Yo WASHINGTONo DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 17; THENCE NORTH 88"48'13" WEST 67.88 FEET; THENCE SOUTH 01'12'15" WEST 50.00 FEET TO THE INTERSECTION OF THE WESTERLY MARGIN OF PRIMARY STATE HIGHWAY NO.1, AS CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER AUDITOR'S FILE NO. 3737624, RECORDS OF KING COUN1Y, WITH THE SOUTH MARGIN OF SOUTH 320TH STREET; THENCE NORTH 88"48"3" WEST ALONG SAID SOUTH MARGIN 631.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 01'12'15' WEST 150.00 FEET; THENCE SOUTH 88"48'13" EAST 30,00 FEET; THENCE NORTH 01'06'26" EAST TO THE SOUTH MARGIN OF SAID SOUTH 320TH STREET; THENCE NORTH 88"48013" WEST ALONG SAJD SOUTH MARGIN TO THE TRUE POINT OF BEGINNING EXCEPT ANY PORTION THEREOF LYING WITH PARCEL A ABOVE SITUATE IN THE COUN1Y OF KING, STATE OF WASHINGTON.