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AG 95-101 v '^---> CITY OF" F"EDERAL LAW DEPARTMENT FOR CONTRACT PREPARATICN/DoCUMENT REVIEW/SII3NATURE ROUTINI3 SLIP 1. ORIGINATING OEPT./DIV.:.."þ c,Ù-~ ~.Á.IìCJll'::,., 2, ORIGINATING STA~~ PERSON: ~ V - EXT:412Ç-3. DATE RE~, Bv: 4/ '2.fofe1<~ , , I1...ov1 4. TVPE O~ DOCUMENT RE~UESTED (CHECK ONE): nT' 0 PROFESS'ONAL SERVICES AGREEMENT v.. D 0 MAINTENANCE/LABOR AGREEMENT 1" ~:;'~'::::'C.~N~':.M:'~:MA'N .CNe,1;.'ONN'NT e, FUNO. ,~~~ LJ PUBL'O WeRKS CONTRAOT U CONTRACTOR SELECT'ON DOCUMENT 0 SMALL PUBLIC WORKB CONTRACT ",0" RF., RFP, RFQI ,LEss 'HAN OZS,OOO} 0 PURCHABE AGREEMENT 'MAUR"L", SUPPL"', Eou'PMEN" [J REAL ESTATE PURCHASE & SALES AGREEMENT 0 CONTRACT AMENDMENT 0 EASEMENT 0 OTHER_, AG#: 5. PRO~ECT NAME:.--.WG-~~~la.1= 6. NAME O~ CONTRACTOR: ADDRESS: .--- TVPE O~ PERSON OR ENTITV (CHECK ONE): 0 INDIVIDUAL 0 PARTNERSH'P S PL qç --cxxJf - ---~ PHONE: LJ SOLE PROPR'ETDRBHIP 0 CORPORAT'ON STATE:___- SIGNATURE NAME: TAX ID#/SS#: T'TLE: 7, SCOPE O~ WORK: ATTACH EXHIS'T A - A COMPLETE AND DETAILED DESCR'PTION O~ TH!: SERVICES OR SCOPE O~ WORK, INCLUDING COMPLETION DATES ~OR EACH PHASE O~ WORK AND LOCATION O~ WORK. 8. TERM: COMMENCEMENT DATE: COMPLETION DATE' 9. TOTAL COMPENSATION: $ REIMSURSA"LE EXPENSES: DNa '" CALCULATEC eN HCURLY LASOR CHAO.' ' AYTACH .CHECUL'S C' E.PLCU" YlTLU ANO HCURLY RATU' DYES Is SALES TAX OWED? 0 YES 0 No 1 O. SELECTION PROCESS USED (CHECK DNE): 0 REQUEBT FOR SIDS 0 REQUEBT FOR PROPOSALS ,~ YES, MAX'MUM DOLLAR AMOUNT: $ ,~ VES, PA'D SV: 0 CONTRACTOR OCITV 0 REQUEGT FOR ~UOTEB 0 REQUEST FOR ~UALI"CATIONB 0 ARCHITECT & ENGINEER L'ST 0 SMALL WORKS ROBTER 1 1, CONTRACT REVIEW .¿W !ALL CONTRACTS) 0 RISK MANAGEMENT 'ALL CeNTRACY. execRY B.CNC.'NTS, CCN'RAC'"R C'L«TlCN eeCUN'NT' 0 PURCHAS'NO 12. CONTRACT SIGNATURE ROUTING-~ o....~ LAW DEPARTMENT 0 "'I3NED COpy BAOK TO CRIGITT'NI3 DEPT, AGSIG5}o,Ä( ~1'5-m COMMENT8 ~~_J~,"moJCD -1-uxn. .LL-i V1 -to -,~ t'ÅÀ è "I"\~C'Fl~.,-- ) / / !ks,6Nn&Jr- w/~. WHOTE ' eR'O'NBL DVm W>TH ceNTR"" OANARY - OR'.'NAY'NO am"~ PONK - LAW om" GDLeEN.Oe - LAW "'RY, -A6J QS-/Ol Applicant: HOME & LAND RECOVERY, INC. Project: WEBER SHORT PLAT Property Address: 3306, 3312 and 3318 S.W. 340th Street, Federal Way, WA Permit #: SPL95-0001 Account Amount: $ 6.810.00 Cash Deposit Amount: $ 340.00 CITY OF FEDERAL WAY ASSIGNMENT OF FUNDS IN LIEU OF BOND 7.-, \Cttì~ THIS ASSIGNMENT ("Assignment") is dated effective this l"\tl-d\3y of April, 1995. The parties ("Parties") to this Assignment are the City of Federal Way, a Washington municipal corporation ("City") and the undersigned owner or applicant ("Assignor"). A, The Assignor is required to perform certain work and/or construct certain improvements including private road and storm drainage facilities at the above-referenced property address located in Federal Way, Washington ("Property") in connection with Assignor's application under the above-referenced permit number; B, The improvements will be constructed or the work will be performed in accordance with record drawings and approved plans on file with the City of Federal Way ("Plans"); C, The City has determined that Assignor 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 Assignor's performance of required maintenance or repair and Assignor's performance of construction of certain work or improvements pursuant to the Plans, as a condition of granting the permit, NOW, THEREFORE, the Parties agree as follows: 1, Amount of Account. Pursuant to Section 22-149 of the FWCC that portion of this Assignment which is in lieu of a performance bond, shall be equal to one hundred and twenty percent (120%) of the cost of the work or improvements and that portion of this Assignment which is in lieu of a maintenance bond, shall be equal to thirty percent (30%) of the cost of the work or improvements. 2, Assianment, Assignor does hereby assign, transfer and set over unto the City all right, title and interest in and to the sum of Six Thousand, Eight Hundred Ten Dollars and No/1 00 ($6,810,00) on deposit at the Burien Branch of Interwest Savings Banks ("Bank"), under account No,25 41029787,2XOJ244'{2Account"); said Account being in the name of the City, as principal with full power and authority to demand, collect and receive the Account and to give receipt and acquittance for the Account. 3. Imorovements, Assignor shall perform all work, improvements and maintenance required pursuant to the Plans, to the City's satisfaction, The maintenance obligation shall continue for two (2) years from the completion date of the improvements, or such longer period as required by the FWCC or other applicable law, rule or regulation, I COpy 'I"~, - 4. ~, Assignor agrees that the Account will be released to the City, on demand, with no other conditions of release. This Assignment may be terminated with the City's written consent, which consent shall not be granted until the City has determined that (iI all the improvements have been constructed and installed and all work and maintenance performed to its satisfaction, in full compliance with the Plans and all applicable local, state or federal law, and within the time period prescribed by the City, and (ii) Assignor has performed all its obligations under this Assignment. The City may release this Assignment as follows: (a) Partial Release. Upon completion of the improvements in compliance with the foregoing provisions, the City will release all but thirty percent (30%) of the cost of the work or improvements covered by this Assignment, which amount is equal to Four Thousand, Seven Hundred Sixty-Seven Dollars and No/100 ($4,767.00), by executing and delivering the Partial Release of Assignment attached hereto as Exhibit 1 to Assignor, (b) Full Release, Two (2) years after completion of the improvements and performance of the maintenance in compliance with the foregoing provisions, the City will release the remaining portion of the Account, in the amount of Two Thousand Forty-Three Dollars and No/1 00 ($2,043.00), by executing and delivering the Full Release of Assignment attached hereto as Exhibit 2 to Assignor. 5. Richt to ComDlete Work. The City may, but in no event is it obligated to, perform any of the necessary work in connection with the construction or completion of the improvements or performance of the maintenance required by the Plans. Upon demand, Assignor agrees to pay the City an amount equal to all of the City's costs and expenses in performing such work or the City shall be reimbursed its costs and expenses from the Account at the City's election, 6. Notice. The Community Development Department of the City shall be given forty- eight (48) hours notice prior to the commencement of any work, 7. Indemnification, Assignor 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 Assignment, including without limitation, the City's performance of any maintenance or other work or construction of the improvements pursuant to Section 5 herein, 8. Administrative Cash DeDosit, In addition to the amount of this Assignment, Assignor agrees to pay a cash deposit to the City, pursuant to Section 22-151 of the FWCC, upon the execution of this Assignment equal to the following percentages of the amount of the Account: Amount of Account Amount of Cash DeDosit Up to $20,000 $20,001 - $50,000 $50,001 - $100,000 $100,001 and up 5% of Account (minimum $100) 4% of Account 3% of Account 2-1/2% of Account -2- The cash deposit may be used by the City to cover its actual expenses in administering this Assignment and, if necessary, collecting and using the proceeds from the Account. 9. Remedies Cumulative. No remedy provided for by this Assignment 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. Assignor agrees that its liability under this Assignment is not limited to the amount of the Account. 10, License. Assignor shall record a license in the form attached hereto as Exhibit 3 and incorporated herein by this reference with the King County Department of Records, immediately upon the execution of this Assignment and at Assignor's cost, 11, General Provisions. This Assignment may not be amended except by written agreement signed by the Parties. Any provision of this Assignment which is declared invalid, shall not invalidate the remaining provisions. The failure or delay of the City to declare any breach or default shall not waive such breach or default. This Assignment may not be assigned by either Party without the other Party's written consent, This Assignment shall be'binding upon and inure to the benefit of the Parties' successors in interest. In the event of any dispute between the Parties regarding this Assignment, each Party shall pay its own attorney fees and costs, Each person executing this Assignment represents that he or she is authorized to execute this Assignment on behalf of their respective entity, Time is of the essence. HOME & LAND RECOVERY, INC. B~/ / ~ president' 1258 - 1 st Avenue South, #322 Seattle, WA 98134 (206) 955-3860 CITY OF FEDERAL WAY Approved As To Form: , """' lì ~ ell, City Attorney -3- BANK ACCEPTANCE The undersigned financial institution ("Bank") hereby accepts that certain Assignment of Funds in Lieu of Bond provided to the City of Federal Way ("City") by HOME & LAND RECOVERY, INC. ("Assignor") dated ~~~, 1995 providing for Assignor's assignment to the City of all right, title and interest in and to the sum of Six Thousand, Eight Hundred Ten Dollars and No/100 ($60810.00) on deposit at the Burien Branch of Interwest Savings Banks ("Bank"), under account No. 25 41CJ29787.'23:J:JJ2A472 ("Account") , payment of which shall be made upon demand by the City with no other conditions of release of the Account. The Bank agrees to hold the Account, without deduction or withdrawal, until it receives a written release of this Assignment from the City, The Bank acknowledges that it has no duty to evaluate any dispute which may exist between the City and Assignor regarding the Account and shall not interplead or in any manner delay payment of the Account to the City, upon its demand, The Bank hereby agrees to bind itself, and its heirs, executors, administrators and assigns, jointly and severally. INTERWEST SAVINGS BANK BY: ~ t d~-QWR7 Signature of Authorized Personnel (Signature to be notarized below) ITS: SAVINGS COUNSELOR (Title) 800 S.W, 152nd (P.O, Box H) Seattle, WA 98166 (206) 433-6262 STATE OF WASHINGTON ) ) ss, ) [BANK NOTARY] COUNTY OF KING On this day personally appeared before me EILEEN DEATON , to me known to be the SAY C'.OIJNSET.OR of INTERWEST SAVINGS BANK, the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/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 hereto~ed this .3!i~ MAY, 1995, ..jJ ;f. >-h_~Áor-,----' (notary signature) Carol L. SWanson CAIn L SWANsoN STATE OF WASHINGTON NOTARY--.--PUBU ., IàaIIIsaIoø &Ins lone!! (typed or printed name of notary) Notary Public in and for the State of Washington. My commission expires ;).-((- '7 X-- 1 HIS ('.FRTIrICATF '.'"ST A('.('.OMPANY All TnANSM'T<"','S EXHIBIT 1 PARTIAL RELEASE OF ASSIGNMENT The undersigned hereby acknowledges that a portion of the conditions set forth in that Assignment of Funds in Lieu of Bond ("Assignment") provided to the City of Federal Way ("City") by HOME & LAND RECOVERY ,INC. ("Assignor") dated April -' 1995 for Weber Short Plat, Permit No. SPL95-0001 have been satisfied and hereby authorizes the release of an amount equal to Four Thousand, Seven Hundred Sixty-Seven Dollars and No/100 ($4,767.00) from account number ("Account") in the Burian Branch of INTERWEST SAVINGS BANK. The remaining funds equalling thirty percent (30%) of the cost of the work or improvements shall be held by the Bank in the Account pursuant to the terms of the Assignment for a period of two (2) years as security for Assignor's performance of all maintenance for the project described therein 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 2 FULL RELEASE OF ASSIGNMENT/LICENSE Pursuant to the terms and conditions of that certain Assignment of Funds in Lieu of Bond ("Assignment") provided to the City of Federal Way ("City") by HOME & LAND RECOVERY, INC, ("Assignor") dated April -' 1995 for Weber Short Plat, Permit No, SPl95-0001, the City hereby acknowledges that the two (2) year maintenance period has expired, that the work or improvements covered by the Assignment 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 Two Thousand Forty-Three Dollars and No/100 ($2,043.00) from account number in the Burien Branch of INTERWEST SAVINGS BANK. 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)