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AG 03-179 DATE IN: I DATE OUT: I TO: j~[~C/ [e,fl. la.~ ,~// :ii/~/~oI~TY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP ORIGINATING STAFF PERSON:_~.J~.3,_5(~'~/./'d f-f*[/f'~ .... EXT: i ];~'~ 3. DATE REQ. BY: TYPE OF DOCUMENT REQUESTED (CHECK ONE) [] PROFESSIONAL SERVICE AGREEMENT [] MAINTENANCE/LABOR AGREEMENT [] PUBLIC WORKS CONTRACT [] SMALL PUBLIC WORKS CONTRACT (LESS THAN $200,000) [] PURCHASE AGREEMENT) (MATERIALS, SUPPLIES, EQUIPMENT) [] REAL ESTATE DOCUMENT ~SECURITY DOCUMENT (E.G. AGREEMENT & PERFfMAIN OF FUNDS IN LIEU OF BOND) BOND?ASSIGNMENT [] CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) [] CONTRACT AMENDMENT AG#: [] CDBG [] OTHER o NAME OF CQNT~CTOR: ~/~/~ ADD'SS: SIGNATU~ NAME: ~']9 ~1t~' . . ATTACH ALL EXHIBITS AND CHECK BOXES ~ SCOPE OF SERVICES ~ INSU~NCE CERTIFICATE ~ ~CUMENTAUTHORIZ~G SIGNATU~ TE~: COMMENCEMENT DATE: ~] ~ COMPLETION DATE: TELEPHONE ;~'~?~)b.e/~ ~&LL EXHIBITS REFERENCED 1N DOCUMENT TOTAL COMPENSATION $ fill,(_../ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR*CHARGE- ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: [] YES [] NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED []YES []NO IFYES, $ PAID BY: F1 CONTRACTOR[Z] CIT 10. 11. SO_/NTRACT REVIEW ~g/PROJECT MANAGER "~ DIRECTOR ~1[d-41¢.~ -~ PdgK Mt~N~GEMENT ~ LAW 4I~/C~ CONTACT SIGNATU~ ROUT~G ~ LAW DEPARTMENT q/M~'2 ~ ~TY ~~ ~C/, I~.~ CITY CLE~ ~ s~ co~ ~CK TO O~~ D~. I~qlTIAL/DATE APPROVED INITIAL/DATE APPROVED INITIAL/DATE APPROVED 57)/,~COMMENTS 10/09/02 Applicant: Quadrant Corporation Project: Residential South Trunk Sewer Line Property Address: 336th Street @ 38th Avenue South Federal Way, WA Bond #: ~. { ~ ~.,2.)- ~ Permit#: 03-102523-000-00-EN Bond Amount: $39,120.04 Cash Deposit Amount: $1,564.80 CITY OF FEDERAL WAY AGREEMENT AND PERFORMANCEfMAINTENANCE BOND THIS AGREEMENT ("Agreement") is dated effective this ~,2(~, day of ,~'"~-,o~-", 2003. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City") and Quadrant Corporation, a Washington corporation ("Applicant"). A. The Applicant is required to perform certain work and/or complete certain improvements, including construction of a sewer trunk line extension through the proposed plat of east Campus South to provide sanitary sewer service to the 97-1ot residential plat of Northlake Ridge 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 inspecti6n and approval of the improvements by the City and the Cit~ 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. Right 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: Aanount of Bond Up to $20,000 $20,001-$50,000 $50,001- $100,000 $100,001 and up Amount of Cash Deposit 5% of Bond (minimum $100) 4% of Bond 3% of Bond 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 inure to the benefit of the Parties' successors in interest. Time is of the essence. QUADRANT CORPORATION By: ~~~'~ Sk'i~ H o'l~rr~an ,',~ic~e - Pr e side nt PO Box 130 Bellevue, WA 98009 (425) 646-8300 Federal Way, WA 98063-9718 ST: 'ty Clerk, N. Christine Green, CMC - APPROVED AS TO FORM: l~fl-icia A. PdX~har~s~o~n, Cit~ Xtt't;me9 STATE OF WASHINGTON ) ) SS. COUNTY OF ) On this day personally appeared before me Skip Holman, to me known to be the Vice-President of Quadrant Corporation that executed the 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 was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my. Ja~t,~,.$,o. fficial seal this 7--6, dayof ~}0~n, tbet'" ,2003. t...or.:4 , k.. ~---~5 ce_ (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires { 0 - 15 '- O' ~ EXHIBIT A Bond # 6198222 Project: Residential South Trunk Sewer Line Permit #: 03-102523-000-00-EN CITY OF FEDERAL WAY PERFORMANCE/MAINTENANCE BOND KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned Quadrant Corporation, ("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 Thirty-Nine Thousand One Hundred Twenty Dollars and 04/100 ($39,120.04) 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 construct a sewer trunk line extension through the proposed plat of East Campus South to provide sanitary sewer service to the 97-1ot residential plat of Northlake Ridge. 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 mason 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 Priricipal has defaulted on all or t/art 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. DATEDthis 26th dayof September ,2003. CORPORATE SEAL OF PRINCIPAL: Claire S'. Grace, Corporate Secretary The Quadrant Corporation PO Box 130 Bellevue, WA 98009 (425) 646-8311 SAFECO INSURA'lqC-'E COMPANY OF AME~CA By: , ~~ d-~~jX--~/ ~/ (Narn~ of Person Executingff°nd) Its: Allison J. Norr (Title)Attorney In Fact 18400 NE Redmond, (Ad&ess) (253) (Phone Union Hill Rd. WA 98052 924-5209 CERTIFICATE AS TO CORPORATE SEAL Vice President I hereby certify that I am the (~o~~i~ of the Corporation named as Principal in the within bond; that Claire S. Grac, ewho signed the said bond on behalf of the Principal, was Secre tar¥ 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 goveming body. Robert A. Holman, Vice President CORPORATE SEAL OF SURETY: Surety APPROVED AS TO FORM: Patric~a-A. RiXc'har~s~)~ ~i'ty'P~ttome~ By: John W. Lambdin (Name of Person Executing Bond) 18400 NE Union Hill Rd. Redmond, WA 98052 (Address) (253) 924-3114 (Phone) l:\csdc\docsXsave~24345030073.doc G:\LawForms\PefformanceMaintenanceBond Rev. 12/02 ' POWER S A F E C O' OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. 9670 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ***************************AR* A. BAXTER; MARK E. TAYLOR; JOHN W. LAMBDIN; ALLISON J. NORR; Tacoma, ***in************************************* its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents 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 GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 16th day of April 1999 R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any 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 other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring 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 instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 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 (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full fome and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attomey issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attomey are still in full fome and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation day of R.A. PIERSON, SECRETARY S-0974/SAEF 7/98 ® Registered trademark of SAFECO Corporation, 4/16/99 PDF EXHIBIT B PARTIAL RELEASE OF BOND # The undersigned hereby acknowledges that a portion of the conditions of the Agreement and Performance/Maintenance Bond for the Residential South Trunk Sewer Line, have been satisfied and hereby authorizes the release of an amount equal to Twenty-Seven Thousand Three Hundred Eighty-Four Dollars and 03/100 ($27,384.03). The remaining funds equaling 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 cons~'uction and maintenance of such improvements. DATED this day of ., 200__. 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 the Residential South Trunk Sewer Line, 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 Eleven Thousand Seven Hundred Thirty-Six and 01/100 Dollars ($11,736.01). 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 ., 200_ CITY OF FEDERAL WAY By: (Name, Title) FILED FOR RECORD AT REQUEST OF: MAIL TO: CITY OF FEDERAL WAY PO BOX 9718 FEDERAL WAY, WA 98063-9718 ATTN: Klm Scattarella, P.E. EXHIBIT D LICENSE The undersigned owner of certain real property located in Federal Way, Washington and legally described as follows: TAX PARCEL #(s): 222104-9037, 614360-0186, 614360-0635 Full 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 .~:z~Y--~¢~'~-~. ,2003. QUADRANT CORPORATION By: Sl0~p~olma~, Vice-President PO Box 130 Bellevue, WA 98009 (425) 646-8300 STATE OF WASHINGTON ) COUNTY OF KING ) On this day personally appeared before me Skip Holman, to me known to be the Vice-President of Quadrant Corporation, the 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 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 this '2 (o day of ~~,.Xy-o.A, ,2003. ?" .~ ~ L. ~0'"!'..~% (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires ~ O - ~ ~ -O ~ I:\csdc\docs\saveX24345030073 .doc G:\LAWFORMS\Agreement&PerformanceMaintenanceBond Rev. 01-31-02 RESIDENTIAL SOUTH TRUNK SEWER LINE PROPERTY LEGAL DESCRIPTION EXHIBIT "1" PARCEL J (222104-9037) THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING NORTHWESTERLY OF THE NORTHWEST MARGIN OF PRIMARY STATE HIGHWAY NUMBER 2, AS ESTABLISHED BY DEED TO STATE OF WASHINGTON, RECORDED UNDER RECORDING NO. 4749980 AND BY DEED RECORDED UNDER RECORDING NO. 6674660. PARCEL K-1 (614360-0186) BEGINNING AT A STONE MONUMENT AT THE SOUTH QUARTER CORNER OF SECTION 15, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; THENCE SOUTH 89005, WEST ALONG THE SOUTH LINE OF SAID SECTION, 730 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00057, WEST 490.29 FEET; THENCE SOUTH 89052, WEST 590.00 FEET; THENCE SOUTH 00057, EAST 500.96 FEET, MORE OF LESS, TO THE SECTION LINE; THENCE ALONG SAID SECTION LINE, NORHT 89°05, EAST 590.00 FEET TO THE POINT OF BEGINNING; (BEING KNOWN AS A PORTION OF TRACT 117, NORTH LAKE SHORE LANDS, ACCORDING TO THE UNRECORDED PLAT THEREOF.) PARCEL K-2 (614360-0186) BEGINNING AT A STONE MONUMENT AT THE SOUTH QUARTER CORNER OF SECTION 15, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., KING COUNTY, WASHINGTON, RUNNING THENCE NORTH 00057, WEST 30 FEET; THENCE SOUTH 89°05' WEST 1,951.85 FEET; THENCE NORTH 28°08'EAST 540.68 FEET; THENCE SOUTH 89%2' EAST 377.06 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00008, EAST 220 FEET; THENCE SOUTH 89%2' EAST 330 FEET; THENCE SOUTH 29o56' EAST 251.47 FEET; THENCE NORTH 89052, WEST 451.83 FEET TO THE TRUE POINT OF BEGINNING, EXCEPT THE NORTH 10 FEET THEREOF FOR COUNTY ROAD; (BEING KNOWN AS TRACTS 89, 90, 91, AND 92, NORTH LAKE SHORE LANDS, ACCORDING TO THE UNRECORDED PLAT THEREOF.) Exhibit "1", page I of 3 PARCEL K-4 (614360-0186) THAT PORTION OF THE NORTH 50 FEET OF THE FOLLOWING DESCRIBED PARCEL WHICH LIES SOUTHEASTERLY OF SOUTHEAST LINE OF ROAD DEEDED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 2596483, RECORDS OF SAID COUNTY, KNOWN AS ROY B. MISENER COUTNTY ROAD; BEGINNING AT A STONE MONUMENT AT THE SOUTH QUARTER CORNER OF SECTION 15, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; THENCE NORTH 00057' WEST 30 FEET; THENCE SOUTH 89°05'WEST 1,951.85 FEET; THENCE NORTH 28008' EAST 540.68 FEET; THENCE SOUTH 89052' EAST 377.06 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUING SOUTH 89052, EAST 451.83 FEET; THENCE NORTH 29056' WEST 297.69 FEET; THENCE NORTH 89052' WEST 306.82 FEET; THENCE SOUTH 00008' WEST 260 FEET TO THE POINT OF BEGINNING; (BEING KNOWN AS THE PORTION OF THE EASTWARD PROLONGATION OF SOUTH 334TM STREET, LYING BETWEEN THE NORTH LINE OF THE ABOVE DESCRIBED PARCEL K-I, AND THE SOUTH LINE OF TRACTS 36 AND 37, NORTH LAKE SHORE LANDS, UNRECORDED.) PARCEL K-3 (614360-0186) BEGINNING AT THE NORTHYEAST CORNER OF GOERNMENT LOT 3, SECTION 15, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; THENCE SOUTH 88052, WEST FOLLOWING NORTH LINE OF SAID GOVERNMENT LOT 3,990 FEET; THENCE SOUTH 00°57' EAST PARALLEL TO THE EAST LINE OF SAID LOT, 1,878 FEET TO THE TRUE POINT OF GEGINNING; THAT PORTION OF GOVERNMENT LOT 1 AND THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION, THENCE NORTH 89052' WEST 118 FEET, MORE OR LESS, TO SOUTHEAST LINE OF ROAD DEEDED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 2596483, RECORDS OF COUNTY, KNOWN AS ROY B. MISENER COUNTY ROAD; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF SAID COUNTY ROAD TO A POINT FROM WH1CH THE TRUE POINT OF BEGINNING BEARS SOUTH 00057' EAST; THENCE SOUTH 00057' EAST 120 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; (BEING KNOWN AS THE PORTIONS OF TRACTS 36 AND 37 OF NORTH LAKE SHORE LANDS, UNRECORDED, LYING EAST OF THE CURVATURE CONNECTION OF COUNTY ROADS KNOWN AS SOUTH 334TM STREET AND 38TM AVENUE SOUTH.) Exhibit "1", page 2 of 3 PARCEL L (614360-0635) THE SOUTH HALF OF THE EAST 730 FEET OF GOVERNMENT LOT 4, SECTION NORTH, RANGE 4 EAST, W.M., INKING COUNTY, WASHINGTON; 15, TOWNSHIP 21 EXCEPT THE EAST 30 FEET AND EXCEPT THE SOUTH 30 FEET FOR ROADS; (BEING KNOWN AS TRACT 116 OF NORTH LAKE SHORE LANDS ACCORDING TO THE UNRECORDED PLAT THEREOF.) NOTE: THE EAST 30 FEET FOR ROADS NOTED ABOVE IS TO BE VACATED AND PLATTED AS PART OF THIS PRELIMINARY PLAT PROCESS. Exhibit "1", page 3 of 3 CERTIFICATE OF INCUMBENCY THE QUADRANT CORPORATION I, Sue Dunn, Assistant Secretary of The Quadrant Corporation, do hereby certify that Skip Holman is a duly elected and acting Vice President pursuant of Section 1 of Article III of the Bylaws of The Quadrant Corporation organized under the laws of the State of Washington. Dated at Bellevue, Washington the 18th of September, 2003. As~s~stant S/e'~reta ry The Quadrant Corporation 1110 112th Avenue NE, Suite 300 · PO Box 130 · Bellevue WA 98009-0130 · Tel 425.455.2900 · Fax 425.646.8363 www.quadrantcorp.com CERTIFIED COPY OF RESOLUTION THE QUADRANT CORPORATION "RESOLVED, that either the Chairman of the Board/Chief Executive Officer, President/Chief Operating Officer, any Executive or Senior Vice President or Vice President, the Secretary or Treasurer, acting alone, by and hereby is authorized to execute in the name of this corporation, on its own behalf or on behalf of any other entity for which this corporation is or may be authorized to act, any and all deeds, conveyances, plats, and any other instruments or documents in connection with the acquisition, development, handling, mortgaging, pledging, sale of or any other action relating to, any real or personal property now owned or hereafter acquired by this corporation or by any such entity for which this corporation is or may be authorized to act, and that the President be and hereby is authorized to delegate all or any portion of such authorization, to others, together with authority to redelegate." I, Sue Dunn, Assistant Secretary of The Quadrant Corporation, do hereby certify that the foregoing is a tree and correct copy of a resolution adopted by the Board of Directors of The Quadrant Corporation by unanimous consent action effective August 2, 1993, and that the said resolution is now in full force and effect. Dated at Bellevue, W~~ / ~ day of J~'~07', 2003. Assistant Secretary, The Quadrant Corporation STATE OF WASHINGTON COUNTY OF KING On this [g h~day of -~-c,?r¢..,J,.~,~' 2003, Before me personally appeared to me known to be the Assis[ant Secretary of The Quadrant Corporation, the corporation that executed the within and foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year first above written. .7-- [ _'.. t°UBLIC : $ My commission expires <~Y'~ ! t-'~c$t.).~~ ~uA... O. '" $ ,, 12th Avenue NE, Suite 300 · PO Box ~30 ° Bellevue WA 98009-0~30 ° Tel 425.455.2900 ° Fax 425.646.8363 www.quadrantcorp.com Notary Public in and for the State of Washington, Residing at