Loading...
AG 95-120DAT£ IN: DATE C/5-J~,~' CITY DF FEDERAL WAY LAW DEPARTMENT RE(;DUEBT FOR CONTRACT PREPARATION/DOcuh, IENT REVIEW/SIGNATURE ROUTING SLIP Z. OI~IGINATIhlGI STAFF' F~ER~ION[ '~/' 'Ic~ ~ rXTt ~ 3. DATE RE;Iii. 6. NAME OF' CONTRACTOR,' TOTAL COMPENSATION,' CONTRACT REVIEW I NITIAI-/OATF-/AF~ F~I~oVE:o ~ ~ ~ ('~n~~ ~/~,~r Applicant: TOSCO NORTHWEST COMPANY Bond #: Project: BP OIL STATION Permit#: BLD 94-0755 Property Address: 2535 South 320th Street Bond Amount: $28,506.00 Federal Way, WA Cash Deposit Amount: $1,140.00 CITY OF FEDERAL WAY AGREEMENT AND PERFORMANCE/MAINTENANCE BOND THIS AGREEMENT ("Agreement") is dated effective this ~ [T~ day of May, 1995. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City") and TOSCO NORTHWEST COMPANY, a Nevada corporation ("Applicant"). A. The Applicant is required to perform certain work and/or complete certain improvements, including construction of a new convenience store, demolition of existing convenience store, expansion of canopy, add new dispensers, site paving, drainage modification and new landscape planting 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. Improvements. 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. Comcletion 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. 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 ORIGINAL 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 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 of the Bond. 6. N01;i~e. 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 Deoosit. 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 Deoosit Up to $20,000 5% of Bond (minimum $100) t~20,001 - 850,000 4% of Bond $50,001 - $100,000 3% of Bond $100,001 and up 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. 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. -2- TOSCO NORTHWEST COMPANY Its: ~ _~['l~T/~/'r ~"L~C_~-~ (Address) ' - (Phone) CITY OF FEDERAL WAY By:~__ 33530 1 st Way South Federal Way, WA 98003 ATTEST: ~'~y I1~1,~ ,k',k'~. ~ristine/~r~en APPROVED AS TO FORM: ~.i-'0 ~ ~n~orney K:\ BOND S~BPOILPflF.AGT Rev. 4-27-95{SVDI -3- BOND NO. B3S100892919BCA PPd~LIL~4: $634.00 EXHIBIT A Project: BP OIL STATION Permit #: BLD 94-0755 CITY OF FEDERAL WAY PERFORMANCE/MAINTENANCE BOND KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned, TOSCO NORTHWEST COMPANY, a Nevada corporation ("Principal") and AETNA CASUALTY & SURETY COMPANY, 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 firmly bound unto the City of Federal Way, a Washington municipal corporation ("City") in the penal sum of Twenty-Eight Thousand, Five Hundred Six Dollars and No/100 ($28,506.00)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 certain work and/or construct certain improvements which include construction of a new convenience store, demolition of existing convenience store, expansion of canopy, add new dispensers, site paving, drainage modification and new landscape planting. 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 maybe 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 thisllth day of MAY ,1995. CORPORATE SEAL Of PRINCIPAL: TOSCO NORTHWEST COMPANY 'g (Title) 2300 CLAYTON ROAD, Sb±'r~; 1100 ~RD¢ CA 94520-2100 (Address) (510) 602-4310 (Phone) -2- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.$907 State of County of _ On j/'~'~'~//,~'./~'~'beforeme, f///Z,/..~/_~ /~/. /,~,~,,j',~ , personally appeared . NAME(S) OF SIGNERIS) personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed ~ ~. the same in his/her/their authorized t~z'~ ~'~'1~- ~ capacity(les), and that by his/her/their ~" ~r_..ta'~ N~,~a=--C~n~CO~4M'~ ..... _W ~z signature(s) on the instrument the person(s), ~ \'~F.Y co~m~c(~r^couNw ~ or the entity upon behalf of which the ~ person(s) acted, executed the instrument. ..~(.zz~ESS my hand and official seal.  ,~IGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT CORPORATE OFFICER T,TLE(S) ~/ TITLE~I~R ~IYPE OF DOCUMENT [] PARTNER(S) [] LIMITED [] GENERAL [] ATtORNEY-IN-FACT NUMBER OF PAGES [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING; [ SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION · 8236 Rernmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 CORPORATE SEAL OF SURETY: ,AETNA CASU-'~TY & SURETY COMPANY. / Att or ney;i~-/F'act (Attach Power p_,f/Attorney) PAMRTA L.JACOBS (Name of Person Executing Bond) 100 WEST B~Y, SUITE 520 ~, CA 91210 (Address) 818-502-6371 (Phone) APPROVED AS TO FORM: /~'L'"OI"/~ K.~LIN~)EL-L, Clt'i~ ATTORNEY 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 fl~'r/~//~ /_, ~o~', who signed the said bond on behalf of the Principal, was A~t~'?~A/"~ ('~C~,~of the said Corporation; that I know his or her signature theretc~ is genuine, a[qd that sa'id' bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. 'S(Jar~'ary or-A'ssi~tant SecretaZ~y , 4_, -3- CALIFORNIA ALL-PURPOoE ACKNOWLEDGMENT .o.s~o7 State of CALIFORNIA County of LOS ANGELES On MAY 11, 1995 before me, BETTY WALKER~ NOTARY PUBLIC personally appeared PAMR~A n. JACOBS [] personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(:~) whose name(~) is/~4~O~ subscribed to the within instrument and ac- knowledged to me that he/she/tiC,j, executed the same in ~/her/fl~:i~ authorized capacity(j~), and that by ~s/her/~l~ · ,.,.,.,......~.-................ signature(s) on the instrument the person(s), ! BETTY WALKER COMM.#1003839 or the entity upon behalf of which the NOTA~Y PUBUC-C. UJFORNIA person(s) acted, executed the instrument. LOS ANG£LES COUNTY My Comm. Expires Sept. 20, 1997  _//~/,~,,¢/,~my hand and official seal.  / ' -- SIG~'~3IJRE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AFrACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER W~.E(S) TITLE OR TYPE OF DOCUMENT [] PARTNER(S) [] LIMITED [] GENERAL [] A'I-rORNEY-IN-FACT NUMBER OF PAGES [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: N.~4E (:Ac PERSON(S) O¢1 ENTTTY(IE$) SIGNER(S) OTHER THAN NAMED ABOVE .. O1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 * Canoga Par~, CA 91309-7184 THE AETNA CASUAl %ND SURETY COMPANY POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL MEN BY THESE PRESENTS, THAT THE AETNA CASUALTY AN{:) SURETY COMPANY, a corporation duly organized under the laws of the Pamela L. Jacobs, Jean L. Willcox * Los Angeles, CA of , its true and lawftJI Attor ney(s)-[n-Fact, with full power at~d authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or. if the folJowing line be filled in, wlth[n the a~'ea there desig- nated , the following instrument{s}: by hi~/l~er sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature Of a bond, recogmzance, or conditional undertaking and any and all consents incidents thereto State of Connecticut I ss. Hartford By/~ 17 th March 9 4 MAY ,,9 95 EXHIBIT B PARTIAL RELEASE OF BOND # ,~ '~ --% / ~ 0 ~ ~ i c~ ~ (~ ,~ The undersigned hereby acknowledges that a portion of the conditions of the Agreement and Performance/Maintenance Bond for BP OIL STATION, Permit No. BLD 94-0755 have been satisfied and hereby authorizes the release of an amount equal to Nineteen Thousand, Nine Hundred Fifty-Four Dollars and no/100 ($19,954.00). 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 , 199_. 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 BP OIL STATION, Permit No. BLD 94-0755 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 Eight Thousand Five Hundred Fifty- Two Dollars and 00/100 (98,552.00). 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 , 199__. CITY OF FEDERAL WAY By: (Name, Title) EXHIBIT D FILED FOR RECORD AT REQUEST OF: THIS SPACE RESERVED FOR: TOSCO NORTHWEST COMPANY RECORDERS USE: (Applicant's Name) MAIL TO: CITY OF FEDERAL WAY 33530 1ST WAY SOUTH FEDERAL WAY, WA 98003 ATTN: Ron Garrow LICENSE The undersigned owner of certain real property located in Federal Way, Washington and legally described 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 ~ day of /~ Y , 199~. TOSCO NORTHWEST COMPANY. j (Signature) [Individual Notary] [Corporate Notary] STATE OF WASHINGTON ) STATE OF WASHINGTON ) ss. ) ss. COUNTY OF KING ) COUNTY OF KING ) On this day personally appeared before me, On this day personally appeared before me to , to me known to me known to be the individual(s) described in and who be the of TOSCO executed the foregoing License, and on oath swore that NORTHWEST COMPANY, the corporation that executed he/she/they executed the foregoing instrument as the foregoing License, and acknowledged the said his/her/their free and voluntary act and deed for the uses instrument to be the free and voluntary act and deed of and purposes therein mentioned, said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized GIVEN my hand and official seal this __ day of to execute said instrument and that the seal affixed, if , 19__. any, is the corporate seal of said corporation. GIVEN my hand and official seal this __ day of (notary signature) , 1995. (typed/printed name of notary) Notary Public in and for the State of Washington. (notary signature) My commission expires (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No State of (~~ County of ~ On ~/~^T~/ /'q~;~"' before me, '-~'//'~'.A personally appeared /~--~Z*..,~., ~ O-/~']~'~__~.~'^-~'T'TtE°F°FF'cER'E'~''J^NE~°8'N°rARYR""['c' NAME(S) OF SIGNER(S) personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed  the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), ~j ~_~2'~.c,~.~_~..~.~,.._~ or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~IG N~ATUR E OF NOTARY OPT~AL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT /~ INDIVIDUAL CORPORATE OFFICER [] PARTNER(S) [] LIMITED [] GENERAL [] A'I-rORNEY-IN-FACT NUMBER OF PAGES [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR NTrPi'(IES) SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION * 8236 eemmet Ave,, P,O. Box 71P~4 · Canoga Park, CA 91309-7184 EXHIBIT "1" ~ BUSH, ROED & HITCHINGS, INC. DESCRIPTION: T~ACT 1, N.B.M. DIVISION NO. 1, ACCORDING TO THE PLAT RECORDED IN. VOLUME 94 OF PLATS, PAGES 27 AND 28, IN KING COUNTY, WASHINGTON; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; THENCE SOUTH 88-24'15" EAST 568.65 FEET ALONG THE NORTH LINE OF SAID SECTION 16; THENCE SOUTH 01-09'43" WEST 65.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS EASEMENT; THENCE CONTINUE SOUTH 01-09~43" WEST 22.00 FEET; 'THENCE NORTH 88-24' 15" WEST pARAT.LEL WITH THE SOUTHERLY MARGIN OF SOUTH 320TH STREET 120.65 FEET; THENCE SOUTH 57-01'06" WEST 42.29. FEET; THENCE N~)RTH 88-24' 15" WEST-35.00 FEET; THENCE NORTH 01-09'43" .EAST 24.00 FEET; THENCE SOUTH 88'24'15" EAST 31.24 FEET; THENCE NORTH 57-01'06" EAST 38.76 FEET; THENCE SOUTH 88-24'15" EAST 127.33 FEET- TO THE TRUE POINT OF BEGINNING OF THIS EASEMENT. BOUNDARY NOTE: THERE IS AN ERROR IN THE PLAT OF N~B.M. DIVISION NO. 1, IN THE LOCATION SHOWN FOR THE WESTERLY RIGHT-OF-WAY LINE FOR INTERSTATE HIGHWAY NUMBER 5. THE ERROR WAS CAUSED BY THE ERRONEOUS LOCATION OF A MONUMENT SET BY THE WASHINGTON STATE HIGHWAY DEPARTMENT FOR THE INTERSECTION OF THE WESTERLY LINE OF INTERSTATE HIGHWAY NUMBER 5 WITH THE SOUTHERLY LINE OF SOUTH' 320TH STREET. THE ACTUAL LINE IS 3.8 FEET WEST OF THE MONUMENT, AS SHOWN ON THIS MAP. AS THE INTEP~ECTION WAS TH_E POINT OF BEGINNING OF THE ORIGINAL DEED DESCRIPTION FOR THIS PROPERTY AND IT IS OBVIOUSLY THE INTENT OF THE PLATTER TO SET OFF THE BOUNDARIES FOR LOT 1 TO COMPLY WITH THE EARLIER DEED, THE BOUNDARIES HAVE BEEN ESTABLISHED IN ACCORDANCE WITH THE ORIGINAL DEED DESCRIPTION. EASEMENT NOT pLOTTABLE. RIGHT OF THE PUBLIC TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON SAID PREMISES IN THE REASONABLE ORIGINAL GRADING OF STREETS, AVENUES, ALLEYS AND ROADS, AS DEDICATED IN THE PLAT. 94111