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AG 95-002 DATE/;: /:2 2- / q '( 1DATE ~T: //.a/L...;;' Ca ¡- tV uJ ITO: kV'n CITY OF' F'EDERAL WAY LAW DEPARTMENT REI¡JUE5T F"OR CONTRACT PREPARATION/DOCUMENT REVIEW/SII3NATURE ROUTINI3 SLIP 1. ORIGINATING DEPT./Dlv.: ¡:?(fß(¡ '(' l. )CF~/<: ~ ICoN {.:"f4.;(./tc-J EXT: 'IJ7 3. OATE RE~. Bv: C I/(.J::.(.nT C rrt 6. NAME OF" CONTRACTOR: n~'~7; C/I--~ S .t7;1r-C'S'. INf. (LJt':5 ¡-- (iO{iS t-- L ADDRESS: 9q50 /YIaYLúllfJ Or ~/?(rj,flúJld' PHONE: ?tJt/ -,-")'2"7- ~dð 'if.1 ~ /J:3:23.:-::S -,( &f.2 51 TVPE OF PERSON OR ENTITV (CHECK ONE): V FT ...L, /'- 0 INDIVIDUAL 0 PARTNERSHI. 2. ORI""NAT'N'" STAFF PERSON: 4. TVPE OF DOCUMENT RE~UESTED (CHECK ONE): C PRD'ESSIDNAL SERVICES A"'REEMENT 0 MAONTENANcE/LABeR A"'REEMENT 0 PUBLIC WeRKB CONTRACT 0 SMALL PUBLIC WORKB CeNTRACT ILESB THAH "',DDDI 0 PURCHABE AGREEMENT IMAn.".o, Bup"",oo, EOU'PHOHT> 0 REAL ESTATE PURCHASE & SALES AGREEMENT S. PRO.JECT NAME: /2/30/9'1 ¿ECU~T~ nn~"M'NT 'O.G.. G."HOHT. .0..,MAlH "DH~AOO'GHHOHT D' "'HDO 'H L'OU D' "DHDI 0 CeNTRACTeR SELECTleN OecuMENT ".G., R'", "". O'CO 0 CONTRACT AMENeMENT 0 EABEMENT 0 OTHER AIi#: 0 SeLE PRD.RIETDRSHO. / ., A.. ~DRPeRATleN . STATE:----L.-<..1--LL ~kL /~ SI"'NATURE NAME: TAX ID#/SS#: -r TITLE: I/. 7. SCOPE OF" WORK: ATTACH EXHIBIT A - A COMPLETE AND DETAILED DESCRIPTION OF THE SERVOCES DR BCO"E OF WORK, INCLUDIN", COMPLETION DATES FOR EACH PHASE OF WORK AND LOCATION OF WORK. B. TERM: COMMENCEMENT DATE: COMPLETION DATE: 9. TOTAL COMPENSATION: $ REIMBURSABLE EXPENSES: DYES U, O,"OULATOD DH HDum "OD. OHA.GO . ATTAOH BOHO'U... D' OH""Dn.. TO"OO AHD HDU." SAT..' Is SALES TAX OWED? 0 YES 1 D. SELECTION PROCESS USED (CHECK ONE): 0 REQUEST FOR BIDB 0 REQUEST FeR PROPOSALS DNa ONO IF YES, MAXIMUM DOL-LAR AMOUNT: $ IF VES, PAID BV: OCITV 0 CONTRACTOR 0 REQUEST FeR ~UOTES 0 REQUEST FOR QUALIFICATION. 0 ARCHITECT & ENIIINEER LIOT 0 BMALL WORK. RDOTU 11. CONTRACT REVIEW iil""CAW (ALL ceNTRACTS) 0 RISK MANAIIEMENT IA-- 'DHTSA'TB O'OOPT AHOHDHOHTB. 'DHTSAoTD. ....OTODH DDOUHOHTO 0 PURCHABONII 12. cONTRACT SIGNATURE ROUTING :::fAW DEPARTMENT ~'TY MANAIIER :r..::::~::Y BACK Te eRIGONATINII DEPT. 0 ABBIIINED AI> # C¡S -().:.( , COMMENTS ,)R; ~ f#-,') ~. . DATE ApPROVED ,~/ ;. --7 ÛS-- /:. - -- "'/-7 ";/ è" --->-- /~. ~DATE A""ROVED. % ~ / //j ~/. /-->!- c- Ihc{'-1i , (N~/IJ t"f-11c'" S/~ WH',". D.'G'H," .TAVB W'TH ODHnAO'> CAHARY' D."'HAT,HG OTA'~ .'NK'"w DOPT.: "DLDENODD. LD." 100y "".0 A& qs-O~ Applicant: Circuit City Stores, Inc. (West Coast) Circuit City Stores, Inc. (Federal (Way, WA) Property Address: S. 348th & 16th Ave. S. Federal Way, WA Bond #: Permit#: BLD 94-0805 Bond Amount: $232,250 Cash Deposit Amount: $5,806 Project: CITY OF FEDERAL WAY AGREEMENT AND PERFORMANCE/MAINTENANCE BOND /I.. THIS AGREEMENT ("Agreement") is dated effective this £ day of January, 1995. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City") and Circuit City Stores, Inc., (West Coast). a Washington corporation ("Applicant"). A. The Applicant is required to perform certain work and/or complete certain improvements, including site work in conjunction with the development of Circuit City Store in Campus Square Center 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. 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. 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. Rioht 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 2-112% 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. -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. CIRCUIT CITY STORES, INC. (WEST COAST) By: à. 9950 Mayland Drive Richmond, VA 23233 (804) 527-4000, extension 6828 CITY OF FEDERAL WAY By: /ft¡ D ~~ ð'Kenneth E. yberg, City Manager 33530 1 st Way South Federal Way, WA 98003 "/rT:éu ( ~ City Clerk, Maureen M. waney, CMC APPROVED AS TO FORM: ~A~- ',IBood,IC;,0";to.pm8 113195 -3- Bond ,,0. 5820675 EXHIBIT A CITY OF FEDERAL WAY PERFORMANCE/MAINTENANCE BOND KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned, Circuit City Stores, Inc. (West Coast), ("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 Two Hundred Thirty-Two Thousand Two Hundred Fifty Dollars and no/1 00 ($232,250.00) for the payment of which they firmly bind themselves and their legal representatives, successors and assigns, jointly and severally. This obligation is entered into 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 site work in connection with the development of Circuit City Store in Campus Square Center located at South 348th Street and 16th Avenue South, 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. DR+G+NAt COP'! . ',' 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 Arbitr-ation 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 6th day of January ,19~. / CORPORATE SEAL OF PRINCIPAL: CIRCUIT CITY STORES,INC. (WEST COAST) By: .~~- ~. Its: vi Ben a in B .Cummin s Jr. (Name of Person Executing Bond) j VICE PRESIDENT (Title) 9950 Mayland Drive Richmond, VA 23233 (804) 527-4000, extension 6828 -2- CORPORATE SEAL OF SURETY: SAFECO I By: MERICA Durema Kissam (Name of Person Executing Bond) Johnson & Higgins of Virginia, Inc. P.O. Box 1137 Richmond, VA 23208-1137 (Address) (804) 344-8658 (Phone) ~ ~L~. LIND . CITY 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 ~à"-\- P"("""'",,,~Jr; who signed the said bond on behalf of the Principal. was ./ Vice President 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. K,'Bond.,Ci,ouitC.pmo 12/27/94 -3- m m SAFECO POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMeRICA GENERAl INSURANCE COMPANV OF AMeRICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON 88185 KNOW All BY THESE ~RESENTS: No. 6070 That SAFECO INSURANCE COMPANY OF AMERICA and OENERAL INSURANCE COMPANY OF AMERICA, each a Washington C~J'.?'.a:i~.~~H!WtE'ลก"J~ ~~BkOv.N; CATHERINE J. BURNS; CHRISTOPHER J. KARG; OUREMA KISSA\.1, Richmond Vi r9 i n ia'" ........... 0""""'0""" "0"0 a... a a.. o. ...... a 0"0 a.. a a.. a a.. a a........ ........ its true and lawful attornøv(s)-in-fact. with full authority to execute on its behalf fidelity and surety bonds or undertakIngs and ot...- dOcI.monts of a similar character issued in the course of Its business. and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and OENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presonts this 4th day of October .19~. ì (Q-, \¡\.A/ =~..........__.., CERTIFICA TE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of OENERAL INSURANCE COMPANY OF AMERICA: "Article Y. Section 13. - FIDELITY AND SURETY BCNOS . . . the President. an-¡ Vice President. the Secretary. and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations. shall each have authority to appoint individuals as attorneys-in-fact or under ot...- appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documnts of similar character issued by the canpany in the course of its business. . . On any instnment making or evidencing such appointment. the signatures may be affixed by facsimile. On any instnment conrerring such authority or on any bond or undertaking of the company. the seal. or a facsimile thereof. may be impressed or affixed or in any other manner reproduced; provided. however. that the seal Shall not be necessary to the validity of any suCh instru-nant or undertaking." Extract from a Resolution of the Board Of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of OENERAL INSURANCE COMPANY OF AMERICA adopted July 2B. 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out. (i) The provisions of Article V. Section 13 of the By-Laws. and (jj) A copy of the power-of-attorney appointment. executed pursuant thereto. and (iii) Certifying that said power-Of-attorney aøpointment is in full ferce and effect. the signature of the certifying officer may be by facsimile. and the sea' of the Company may be a facsimile thereof." l R. A. Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA and or OENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Oirectors of these corporations. and of a Power of Attorney issued pursuant thereto. are true and correct. and that both the By-Laws. the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set m-¡ hand and affixed the facsimile se.. of said corporation this ¿ -II> day of /J~~/)li~k.L v . 1 9 £:i. . S-874/EP 1/83 "I¡:'"-~'.: " /A;';¡tl e'ìI1~{;"" , ~\."'>">r< V"'. . i.<.,,~,\ ."Ì.¡ '.';:'\ ,(1(' \". " ¡!:i(,"r ,p"~' ~'..' .~..,.t'A.I., .....:.:r: \ v>. , ., I " .. .. \ - \c.:> IS'5') /;," ~~~~E:~:: ~:R ¿;(~æ~~ @ Registe"d t'a.em...' of SAFECO COfpOfalion. EXHIBIT B PARTIAL RELEASE OF BOND # The undersigned hereby acknowledges that a portion of the conditions of the Agreement and Performance/Maintenance Bond for Circuit City Stores, Inc., Federal Way, Washington, Permit No. BLD 94-0805, have been satisfied and hereby authorizes the release of an amount equal to One Hundred Sixty-Two Thousand Dollars and no/1 00 ($162,575.00). 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 Circuit City Stores, Inc., Federal Way, Washington, Permit No. BLD 94-0805, 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 Sixty-Nine Thousand Six Hundred Seventy-Five Dollars ($69,675.00). 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) FILED FOR RECORD AT REQUEST OF: CIRCUIT CITY STORES, INC. (WEST COAST) MAIL TO: CITY OF FEDERAL WAY 33530 1ST WAY SOUTH FEDERAL WAY, WA 98003 ATTN: LONDI K. LINDELL EXHIBIT D THIS SPACE RESERVED FOR: RECORDERS USE: LICENSE The undersigned owner of certain real property located in Federal Way, Washington and legally described as follows: Legal description attached hereto as Exhibit S," 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. WEST CAMPUS SQUARE JOINT VENTURE, a Washington Partnership By: Armada West Campus, Inc. Its General ?artner DATED this 5th day of January, 199.2,. fI .. STATE OF WASHINGTON) ) ss. COUNTY OF KING ) On this day personally to me known to be the individualls) escribed in and who executed the foregoing License, nd on oath swore that he/she/they executed the regoing instrument as his/her/their free and volun y act and deed for the uses and purposes therein me loned, I ped/printed name of notary) Nary Public in and for the State of Washington. By: Name Its: Tit [Corporate Notary] STATE OF WASHINGTON) ) ss. COUNTY OF KING ) me, On this day personally appeared before me James W. Lagerauist to me known to be the Pres. of Armada W"",t C"m¡;m" rne: ¡he 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, GIVEN my hand and official sea,l thi,s 5th day of January ,1995. o.,.~ ~ l:,^-C . ú <-lCl'Ç;;g~~ (notary signature) : . , Christine A. Hare, ;', 'i,'i'.' ~.- (typed/printed name of notary) \ ", .', I ,,"", Notary Public in and for the StatechÎVôshiAgron.," My commission expires Oct. 9 ;.,].99 VI \ \' ORIGINAL . . Exhibit 1 legal Description: THAT PORTION OF THE VACATED PLAT OF EAST TACOMA CENTRAL ADDITION "B" ACCORDING TO THE PLAT THEREOFRECORDEDIN VOLUME 4 OF PLATS, PAGE 43, IN KING COUNTY. WASHINGTON. DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 21 NORTH, RANGE 4 EAST, W,M, IN KING COUNTY, WASHINGTON; THENCE NORTH 1"34'08" EAST ALONG THE WEST LINE OF SAID SUBDIVISION 496,66 FEET: THENCE 88°35'16" EAST 50.00 FEETTO THE EAST MARGIN OF 16TH AVENUE SOUTH AND THE TRUE POINT OF BEGINNING: THENCE SOUTH 88D3S'16" EAST 470.00 FEET; THENCE SOUTH 1°28' 19" WEST 467.20 FEET TO THE NORTH MARGIN OF SOUTH 352ND STREET: THENCE NORTH 88°31'41" WEST ALONG SAID NORTH MARGIN 470.79 FEET TO THE EAST MARGIN OF 16TH AVENUE SOUTH; THENCE NORTH 1 °34'08" EAST ALONG SAID EAST MARGIN ~66.71 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE PARCEL CONTAINS 219,652 SQUARE FEET OR 5.042 ACRES.