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AG 95-246DATE iN~ DATE UT: CITY DF FEDERAL WAY LAW DEPARTMENT REI~UEST FOR ~-DNTRADT PREPAI~ATION/DOEIUMENT REVIEW/~IIBNA'~RE Applicant: INTERNATIONAL CHURCH OF THE Bond #: FOURSQUARE GOSPEL Permit/f: BLD 95-0688 Project: Phase I Parking Expansion Bond Amount: $ 191.570.0Q Property Address: 34800- 21st S.W. Cash Deposit Amount: $ 4,789.00 Federal Way, WA 98023-3044 CITY OF FEDERAl. WAY AGREEMENT AND PERFORMANCE/MAINTENANCE BOND THIS AGREEMENT ("Agreement") is dated effective this 10thdayof October, 1995. Theparties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City") and INTERNATIONAL CHURCH OF THE FOURSQUARE GOSPEL, a California corporation, ("Applicant"). A. The Applicant is required to perform certain work and/or complete certain improvements, including adding One Hundred Sixty-Seven (167) new parking stalls; revise and relocate existing on site water detention facility; install new landscaping and landscape buffers; install new site lighting; install two (2) new site gates; and relocate storage sheds and dumpster sites 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. 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. Completion of WQrk. 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 BQnd. 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. ORI61NAL 4. Release Qf 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. RiQht 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 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 Deeosit Up to $20,000 5% of Bond (minimum 8100) $20,001 - $50,000 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 Cumvl{~tiv~. 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. -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. INTERNATIONAL CHURCH OF THE FOURSQUARE GOSPEL I\Jo~ W~. Bowers, Secretary Its: President 1910 W. Sunset Boulevard Suite 200 Los Angeles, CA 90026 (213) 484-2400 CITY OF FEDERAL WAY Kenneth y erg, City Manager 33530 1st Way South Federal Way, WA 98003 APPROVED AS TO FORM: orney K:\BONDS~NWCHURCH.AGT 10/10~95 -3- Jond No. 5805089 PraniL~: $2,874.00 EXHIBIT A Project: INTERNATIONAL CHURCH OF THE FOURSQUARE GOSPEL Permit #: BLD 95-0688 CITY OF FEDERAL WAY PERFORMANCE/MAINTENANCE BOND KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned, INTERNATIONAL CHURCH OF THE FOURSQUARE GOSPEL, as principal ("Principal"), and S/~-EC0 [NSUR/~CE C0PPANY OF/~Iv~ICA the undersigned corporation organized and existing under the laws of the State of ~/ash~ngton 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 One Hundred Ninety-one Thousand, Five Hundred Seventy and Dollars and no/100 (~191,570.00) 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 add One hundred sixty-seven (167) new parking stalls; revise and relocate existing on site water detention facility; install new landscaping and landscape buffers; install new site lighting; install two (2) new site gates; and relocate storage sheds and dumpster. 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 ot 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 2nd day of November ,1 995 . CORPORATE SEAL OF PRINCIPAL: INTERNATIONAL CHURCH OF THE FOURSQUARE GOSPEL wers, Secretary 1910 W. Sunset Boulevard Suite 200 Los Angeles, CA 90026 (213) 484-2400 -2- CORPORATE SEAL OF SURETY: SAFEC0 INSLPANCE C~IoANy OF/~4~RICA By: Attorney-in-Fact (Attach Power of Attorney) Steve Passerine, Attorney-in-Fact (N~ame of Person Exe~cuting Bond) ~i~ of Northern Calitornia, Inc. One Market St., Spear Tower, Ste. 2100 San Francisco, CA 94105 (Address) (Phone) APPROVED AS TO FORM: _____.~'~ I~~ O E Y 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 ,Tohn ~,. t~oliand , who signed the said bond on behalf of the Presideat: of the said Corporation; that I knov~)or her Principal, was 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. -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 Phase I Parking Expansion, Permit No. BLD 95-0688, have been satisfied and hereby authorizes the release of an amount equal to One Hundred Thirty-four Thousand, Ninety-nine and no/100 Dollars ($134,099.00)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 Phase I Parking Expansion, Permit No. BLD 95-0688,have been completed to the City's satisfaction and that the City is not aware of any defect in workmanship er materials. Accordingly, the undersigned hereby releases the sum of Fifty- Seven Thousand, Four Hundred Seventy-One and no/lO0 Dollars ($57,471.00). The undersigned further releases all right, title and interest granted to the undersigned by reason of a certain License Agreement recorded under King County Recording No. _ ("License Agreement") and acknowledges that all obligations and rights contained in the License Agreement are hereby terminated. DATED this day of ,19 CITY OF FEDERAL WAY By: (Name, Title)  POWER SAFECO INSURANCE COMPANY OF AMERIC.~. OF ATTORNEY .O~E OFFm~ S^FECO "LAZA S,4M=ECO® SEAT~CE. KNOW ALL BY THESE PRESENTS: No. 9042 That SAFECO INSURANCE COMPANY OF AMERICA, a Washington co~poratiun, does hereby appoint ='""#=aa##"a""HARRY F. CLIFFORD, III; STEVE PASSERINE. San Francisco, its true and lawful attorney(s)-in-fact, with f~fl authority to execute o~ behalf of the connpany fidelity and surety bonds or undertakings and other docc~ents of a similar character issued by the c(~npany in lhe course of its business, and to bind SAFECO INSURANCE COMPANy OF AMERICA thereby as fully as if such instru'nents had been duly execuled by its regularly elected officers at its h~ne office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 10t h day Of December . 19 93 CERTIFICATE Extract fr~ t~ ~-Laws of SAFECO INSURANCE COMPANY OF AMERICA: 'Article V. Section 13. - F~L~ ~D ~E~ ~S . .. t~ Pre.dent.' a~ Vice PreSet. I~ ~crel~, a~ ~ Assistant Vice ~t~-in-f~l ~ ~ ot~r ~o~ate litles ~th a~ to exe~e ~ beef of ~ ~ fldeliW a~ s~ew b~s ~d SAFECO INSURANCE COMPANY OF AM~ICA ad.ted ~ 28. 1970. (i) The pr~i~ons of Article V. Section 13 of t~ ~-La~ ~ ~ A ~ of t~ pow~-of-att~ ~n~t. exe~ed ~t l~reto, ~ I. ~ ~ Pier~ ~et~ of SAFECO INSTANCE CO.ANY OF AME~CA, ~ ~ ~ify t~ I~ f~ extracts of the ~-Laws ~ of a Res~ of t~ ~d of ~rect~s of t~s c~i~ ~ of a Pow~ of Att~ i~ ~t 1~refo. are IN WIT~S$. WHEREOF, I h~e ~re~fo set ~ ~nd a~ affix~ the f~le sea of sad c~ati~ t~s 2~ ~ or ~v~r . ~9 ~ CALIFORNIA ALL-PURPO~E ACKNOWLEDGMENT State of California County of San Francisco On Noverber 2. lgOj5 before me, LAURA L. PLAISANT CATE NAME, TITLE OF OFFICER - E.G,, *JANE DOE, NOTARY PUBLIC" personally appeared Steve Passerine 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- ,,i .~ I-AURAL. PLAISANT Jl knowledged to me that he/she/they executed ~x, COMM.#~04~5 ~n the same in his/her/their authorized ,~~c~..~.~.~,.co~,s~c~coco~r~r~ capacity(les), and that by his/her/their ~~EF~c~s~a ~ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES. S my hand and official s~eal. ,~ SIGNATURE 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 [] INDIVIDUAL [] CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) [] PARTNER(S) [] LIMITED [] GENERAL [] ATTORNEY-IN-FACT [] TRUSTEE(S) NUMBER OF PAGES [] GUARDIAN/CONSERVATOR [] OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S) OR ENTITY(lES) THE SURETY COMPANY SIGNER(S) OTHER THAN NAMED ABOVE PRODUCER CERTtFICATE HOLDER J-OHNSO~ & HIGGIN$ CITY OF FEDERAL WAY ATT: ELAINE DEVIVO ATTN: MAP. WAN F. SALLOUM, P.E. THREE CENTER PLAZA PROJECT MANAGER BOSTON, MA 02108 33530 1ST WAY SOUTH (617) 557-5794 FEDERAL WAY, WASHINGTON 98003 FAX NO. 206/661-4129 INSURED EARTH TECH, INC. 10800 NE 8TH STREET, 7TH FLOOR BELLEVUE, WA 98004 WORKER'S COMPENSATION COVER3kGE COVERAGE STATE INS. CO. CODE/POLICY W.C. NON DEDUCTIBLE ALL OTHER STATES (A) NATIONAL UNION WC2113428 W.C. NON DEDUCTIBLE AZ,ID,MD,OR (C) BIRMINGHAM FIRE WC2113429 W.C. DEDUCTIBLE DE,KY,NJ,MO,SC (B) INS. CO. STATE OF DC,MN,MI PENNSYLVANIA WC0171597 WORKER COMP CA (A) NATIONAL UNION WC2113430 S.I. EXCESS EXCESS WORKERS COMP (A) NATIONAL UNION WC0174155 W.C. DAS W.C. DEDUCTIBLE (B) INS. CO. STATE DESIGNATED ADJUSTER OF PENNSYLVANIA STATE (VIRGINIA ONLY) WC0171598 RECEIVED APR 15 1996 FEDERAL WAY PUBLIC WORKS ADMINISTRATION DIVISION PRODUCER THIS CERTIFICATE IS ISSUED AS A MA~-rEfl OF INFORMATION ONLY AND JOHNSON & HIGGINS CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE ATT: ELAINE DEVIVO POLICIES BELOW. THREE CENTER PLAZA BOSTON, MA 02108 COMPANIES AFFORDING COVERAGE (617) 557-5794 COMPANY A LETTER NATIONAL UNION FIRE INS. CO. OF PA COMPANY B INSURED LETTER INSURANCE COMPANY OF THE STATE OF PA EARTH TECH, INC. -- 10800 NE 8TH STREET, 7TH FLOOR LETTER BIRMINGHAM FIRE INSURANCE BELLEVUE, WA 98004 LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLicy PERIOD INDICATED, NOTWITHSTANDING ANY REQU REMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THiS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, co I POLICY EFFECTWE I POLICY EXPIRATION LTR TYPE OF INSURANCE POLJCY NUMBER DATE (MM/DD/Y'0 DATE (MM/DD/YY} LIMITS GENERAL LIABILITYI GENERAL AGGREGATE $$ N/A A X COMMERCIAL GENERAL LIABILITY I GL1212571 03/01/96 07/01/96 PRODUCTS-COMP/OPAGG 1,000,000 I CLAIMS MADE ~ OCCUR I PERSONAL & ADV, INJURY ; $ 1,000,000 OWNER'S & CONTRACTOR'S PROT. ! EACH OCCURRENCE ! $ 2,000,000 i FIRE DAMAGE (Any one fire) $ 1,000.000 I MED, EXPENSE (Any one person $ A AUTOMOBILE LIABILITY I CA1351065 (A/S) 03/01/96 07/01/96 COMBINED SINGLE r x ANYAUTO I I LIMIT $ 2,000,000 , CA1351066 (TX) ALL OWNED AUTOS I BODILY INJURY A ~ *" SEE PAGE TWO ** 03/01/96I 07/01/96 X E EACH ACCIDENT $ 1,000,000 ~i;~ OF FE[~RAL WAY SHouLD AN~ OF ~HE ABOVE OESCRiBED POLiciES BE ~ANCELLED ~EFOR~ ~HE ATTN' MARWAN F SALLOUM P E EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO PRO ECT ANAGE..A,L 30 DAYSWR, EN NOT,CETO THE CERT,E,CATE HOLDER NA.EBTO THE 33530 1ST WAY SOUTH FEDERAL WAY, WASHINGTON 98003 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. FAX NO. 206/661-4129