Loading...
AG 95-183~. NAh4E: OF' CONTRACTOR~ cj. TOTAL COh4PE:NSATION= $ - 8 ~~;. .~ L~ I~ ~ I Applicant: CHURCH OF THE GOOD SHEPHERD Bond #: lot ~-(~( ~-~ Project: CHURCH OF THE GOOD SHEPHERD Permit#: BLD: 95-0535 Property Address: 345 South 312th Bond Amount: $ 16,300.00 Federal Way, WA 98003 Cash Deposit Amount: $815.00 CITY OF FEDERAL WAY AGREEMENT AND PERFORMANCE/MAINTENANCE BOND THIS AGREEMENT ("Agreement") is dated effective this 4th day of August, 1995. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City") and CHURCH OF THE GOOD SHEPHERD, a Washington Corporation ("Applicant"). A. The Applicant is required to perform certain work and/or complete certain improvements, including asphalt paving of parking lot and driveway and bio-swale construction 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 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. Completion 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. Rioht 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. 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 of the Bond: Amount of Bond Amount of Cash Deposit Up to $20,000 5% of Bond (minimum $100) $20,001 - $§0,000 4% of Bond $50,001 - 8100,000 3% of Bond 8100,001 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- CHURCH OF TH~, G~ZHERD The Reveren~l~andal Gardner Its: President 345 South 312th Federal Way, WA 98003 (206) 839-6100 CITY OF FEDERAL WAY I~en~th E. N~erg; City Manager 33530 1st Way South Federal Way, WA 98003 ~,~TEST:~'x City Clerk, N. Christine Green, CMC APPROVED AS TO FORM: Lond[K. Lin~, City Attorney -3- EXHIBIT A Project: Church of the Good Shepherd Permit #: BLD: 95-0535 CITY OF FEDERAL WAY' PERFORMANCE/MAINTENANCE BOND Bond No. 192051S KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned, CHURCH OF THE GOOD SHEPHERD, a ~Vashington cdrporation, as principal ("Principal"), and ~z~t he undersigned corporation organized and existing under the laws of the State of California, 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 Sixteen Thousand, Three Hundred Dollars and no/100 ($16,300.00) for the payment of which they firmly bind themselves and their legal representatives, successors and assigns, jointly and severally. ~Indemnity Company of California 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 install asphalt paving of parking lot and driveway and bio-swale construction at 345 South 312th Street in Federal Way, Washington. 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. DATI:D this ,'~ ~/~ay of ,~_ ~,4'/,~'~ , 1995. CORPORATE SEAL OF PRINCIPAL: CHURCH OF THE GOOD SHEPHERD ~ Re~'ere~"~andal Gardner (Name of Person Executing Bond) Its: President 345 South 312th Federal Way, WA 98003 (206) 839~6100 -2- CORPORATE SEAL OF SURETY: ~ Indemnity Company of California . .¢~_~ Att or ne y-in-i:act (Attach Power of Attorney) Jake W. Murphree (Name of Person Executing Bond) 9750 - 3rd Avenue NE, Suite 106 Seattle, WA 98115 (206) 525-8201 (Address) (Phone) APPROVED AS TO FORM: /J~ I/~"L~ N~[~ -~C-'~ ATT O R NEY 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 , who signed the said bond on behalf of the Principal, was of the said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary or Assistant Secretary K:~BONDS~,GOODSHEP.AGT -3- EXHIBIT B PARTIAL RELEASE OF BOND # The undersigned hereby acknowledges that a portion of the conditions of the Agreement and Performance/Maintenance Bond for Church of the Good Shepherd, Permit No. BLD 95- 0535 have been satisfied and hereby authorizes the release of an amount equal to Eleven Thousand, Four Hundred Ten and no/100 Dollars (811,410.00). 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 , 19 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 Church of the Good Shepherd, Permit No. BLD 95-0535 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 Four Thousand, Eight Hundred Ninety and no/100 Dollars ($4,890.00). 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 , 1 9__. CITY OF FEDERAL WAY By: (Name, Title) POWER OF ATTORNEY OF iNdEMNITY COMPANY OF CALIFOhNIA AND DEVELOPERS INSURANCE COMPANY ~'_o ~35435 P.O. BOX 19725, IRVINE. CA 92713 · (714) 263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day ct March, 1996. 2. This Power et Attorney is voi~if alta;ed or if any portior is erased. 3~ This Power of Attorney is void uniess the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in red ink. 4 This Power of Attorney should not be returned to the Attorney(s)-]n-Fact. but should remain a permanent part of the obligee's records, KNOW ALL MEN BY THESE PRESENTS, that. except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY. do each severally, but not jointly, hereby make, constitute and appoint ***JAKE W. MURPHREE, KAEEN L. STAFFANSON, MYLA F. BELSTON, JOINTLY OR SEVERALLY*** the true and lawful Attorney(s)-In-Fact, to make. execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,506.000) in any single undertaking; giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations cOuld do. but reserving to each of said corporations full power of substitution and revocation; and all of the acts of said Affor ney(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Afforney do not extend to any of the following bonds, undertakings or cOntracts of suretyship: Rank depository bends, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial institutions, lease bonds, insurance company qualifying bonds, self-Insurer's bonds, fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMFANY OF CALIFORNIA and OEVELOPERS INSURANCE COMPANY, effective as of September 24. 1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the cprpora on be, and that each of them hereby is. authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis- tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond. undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF. INOEMNITY COMPANY OF CALIFORNIA and OEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec* live Presidents and attested by their respective Secretaries this 1 st day of April, 1993. INDEMNITY COMPANY OF CALIFORNIA DEVELOFERE INSURANCE COMPANY Dan F. Vincenti, Jr. Dant~F. Vincenti. Jr. T Darl~lpFresideet I ~Presideet ATTEST Q ATTEST ~ STATE OF CALIFORNIA ) ) ss. COUNTY OFORANGE ) On July 15, 1994, before me, the undersigned, a Notanj Public in and for said State, personally appeared Dante F. Vincenti, Jr. and Walter A, Crowell, per- sonally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary on behalf of Indemnity Company of California and as President and Secretary of Developers Insurance Company, the Corporations therein named, and acknowledged to me that the corporations executed it. WITNESS my hand and official seal. I ~ OFFICIAL SEAL '"' I Signature I~N°TARY PUeuc ' c^uF°RN'AoRANGE COUNTY Notary Public ~ly Commission Exp. Apr. 17, CERTIFICATE I ~ I I The undersigned, as Senior Vice President of INDEMNITY COMPANY, OF,~ALIFORN A. and Senior V ce President of DEVELOPERE INEURANCE COMPANY. does hereby cattily that the foregoing and attached Power of Attorney remains in ful~'for~e ~.r~i h~? no been revoked; and furthermore1 that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power- of Attorney. a'rb,J_h force as Of the date of h s Cart f cate ThsCert cate sexecuted n heCtyof rvne California this' 12~'t" !1'~~{,~' Aumust ByINDEMNITY~- ~" ~/~.COMPANY OF CALIFORNIA }:'"~"' ;~',~' By' ' ~ ' ,, DEVELOPERE~,/~ ~NEURANCE COMPANY L.C.viceFleblgerpresident ""~ '*~ L.C. Fleblger ID-310 REV. 1/95 Senior ,~:. Senior Vice President EXHIBIT D FILED FOR RECORD AT REQUEST OF: THIS SPACE RESERVED FOR: CHURCH OF THE GOOD SHEPHERD 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: THE EAST 1/2 OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON. LESS THE NORTH 30 FEET AND THE EAST 30 FEET FOR ROADS. SUBJECT TO AN EASEMENT FOR SLOPES FROM S. 312 ST., NOT TO EXCEED 10 FEET IN WIDTH, AS RECORDED UNDER AUDITOR'S FILE #4693430, 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 Performance/Maintenance Bond of even date entered into between the City and the undersigned and incorporated herein by this reference. DATED this ~/~ day of .~'~/7~, 19~. CHURCH OF THE GOOD SHEPHERD [Individual Notary] [Corporate Notary] STATE OF WASHINGTON ) STATE OF WASHINGTON ) ) ss. ) ss. COUNTY OF KING ) COUNTY OF KING ) On~ this .day~ pers~onall~re me, On this day personally appeared before me the Reverend /'~ ~ ~c~~. Randal Gardner, to me known to be the President of to me known to be the individual(s) described in and who CHURCH OF THE GOOD SHEPHERD, the corporation that executed the foregoing License, and on oath swore that executed the foregoing License, and acknowledged the he/she/they executed the foregoing instrument as said instrument to be the free and voluntary his/her/their free and voluntary act and deed for the uses of said corporation, for the uses and p,u~'~el~th~er~... and purposes therein mentioned, mentioned, and on oath stated that ..,~,-,,,,, to execute sa,d ,nstrument and that ~.,~,.. ~7~IVJ~ .hand and officia~l seal this ~ ~ day of any, is the corporate seal of said corp~ra"ff.Cn.~0TAR?" ff,~~ ~7~ ~ ~f~l~ GIVEN my hand and official sear~lai~[.~ ~---- -- ---.~'. ~'~l~pr[~ ~ame of notary) (notary signature) '111.~/' 't~'~.~'h~,.ar/y. ?..b~.~-~.~d for the S,tat~ of Washington. Notary Public in and for the State of ~t.~ ~'~:l~,~expires ~////'~ ~ My commission expires ~'// / ,~ ~j WAS ;.- ORIGINAL