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AG 03-155DATE IN: I DATE OUT: [ TO: '~i' ,d.;. ~ .... i .. ! :, :, ,'; ,, CITY OF FEDE L WAY LAW DEPARTMENT ~RfiT EOR CONTACT P~PA~TION/~OC~RNT ~VI~W/$IGNAT~ ROUTING fiLIP ORIGINATING DEPT./DIV: ORIGINATING STAFF PERSON: ]~L (i t~ 'i ? 5(.,,~ '/Sii~ ;'[ i/f,'(--'EXT: 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 PROJECT NAME: "j ' '~ 3. DATE REQ. BY: ~'SECURITy DOC~ENT (E.6. AGREEMENT & -->ERF/MA1N BOND; ~SSIGNMENT OF FUNDS IN LIEU OF BOND) [] CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) [] CONTRACT AMENDMENT AG#: [] CDBG [] OTHER NAME OF CONTRACTOR: ADDRESS: SIGNATURE NAME: ~)tT) TELEPHONE TITLE ,'i'::/, ' ' :': / l' 7~', / j .I ~(~LL EXHIBITS REFERENCED 1N DOCUMENT ATTACH ALL EXHIBITS AND CHECK BOXES [] SCOPE OF SERVICES [] INSURANCE CERTIFICATE VxDOCUMENTAUTHORIZING SIGNATURE TERM: COMMENCEMENT DATE: ¢/,fl--/~3 COMPLETION DATE: TOTAL COMPENSATION $ ] h/iL .... (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARG~E - 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: ~ CONTRACTOR [] CIT 10. 11. ..CQNTRACT REVIEW PROJECT MANAGER DIRECTOR RtSK MANAGEMENT g(LAW CONTRACT SIGNATURE ROUTING INITIAL/DATE APPROVED [}!/LAWDEPARTMENT ~[l~ fU~, 2~--- ,(5"//~9~/~, ~ . j~CITY MANAGER ' ~ 2,//'b/d"7 ...... ~CITY CLERK -/t~j)~t /l'Z (_ .l~? ~lol~':', ~SIGN cOPY BAC_K T0 0R~O_IN,~TIN9 r/EPZ. , ( C,,/ ~ ,- LLc//~;i t/ ~-27-oZ {~txURCHA$ING: PLE^SE CHARGE TO: l(/~ COMMENTS INITIAL/DATE APPROVED INITIAL/DATE APPROVED ORIGINAL 10/09/02 Applicant: Jack-In-The-Box, Inc. Project: Jack-In-The-Box Restaurant Property Address: 2400 SW 336th Street Federal Way, WA 98023 Bond #: 929247579 Permit#: 03-101001-000-00-OP Bond Amount: $101,739.60 Cash Deposit Amount: $ 2,543.49 CITY OF FEDERAL WAY AGREEMENT AND PERFORMANCE/MAINTENANCE BOND THIS AGREEMENT ("Agreement")is dated effective this [~day of ~.~, ,C0 , 2003. The parties ("Parties") to this Agreement are the City of Federal Way, ~-Washington h'funicipal corporation ("City") and Jack-In-The-Box, Inc., a Delaware corporation ("Applicant"). A. The Applicant is required to perform certain work and/or complete certain improvements, including construction of a new fast-food restaurant with drive-thru and associated site improvements at the above rhferenced 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 1 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: Amount 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 2 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. JACK-IN-THE-BOX, INC. By: Its: Assistant Secretary R~mo[,, WA .95055 t~,~.,j 687-49q-9- 9330 Balboa Avenue San Diego, CA 92123 (858) 571-2121 CALIFORNIA ~ STATE OF ~G-~FON ) ) SS. SAN DIEGO COUNTY OF t~t~,~G o~ ) On this day personally appeared before me Donna J. O'Donnell, to me known to be the Assistant Secretary of Jack-In-The-Box, Inc., 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 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 seal this __ ~/:f.~l-~l~ COMM. ~ 1422208 ~ ~--------~-) NOTARY PUBLIC "CALIFORNIA .~ \'q;.~;~'J~/ SAN DIEGO COUNTY 8th dayo.f August ,2003. Jud~ ~ (typed/printedname of notary) California Notary Public in and for the State of ,. zs..i..o.On,. My commission expires July 2, 2007 ATTEST: By: ~~e/y~na~r 33530 1st Way South ~ PO Box 9718 ~ Federal Way, WA 9806.3/-9718 APPROVED AS TO FORM: Patricia A. Richardson, City Attorney l:\csdc\docs\save~ 1911774087.doc G:\LAWFORMSLAgreement&Per formanceMaintenanceBond Rev 12/02 .EXHIBIT A Bond# 929247579 Project: Jack-In-The-Box Rcstauxant Permit #: 03-101001-000-00420 CITY OF FEDERAL WAY PERYORMANCE/MAINTENAN CE BOND KNow ALL PEOPLE BY THESE PRESENTS: We, the undersigned Jack-In-The-Box, Inc., ("Principal") and Western Surety Company the undersigned corporation organized and existing under the laws of South Dakota 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 HundrecI One Thousand Seven Hundred Thirty-Nine Dollars and 60/100 ($101,739.60) for the payment of which they firmly bind themselves and theix 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 hereaRer amended or adopted. The Principal has entered into an Agreement with the City of even date to construct a ~ew fast-food restaurant with drive-thru and associated site improvements. 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 ext~msions of time as may be granted reader the Agreement, and shall pay all laborers, mechanics, subcont~ctors 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 xeason 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 m the event this obligation shall be void; but otherwise, it shall be and remain in full force and effect And the S~ety, 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 a~companying the same shall in any way affect its obligation on this bond, and it does . hereby waive notice of any change, extension of 6xne, 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 tess;is 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 Prhaeipal has defaulted on all or part of the terms of the Agreement, the Sm'ety 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 complem 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, ff 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 defaulL 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 thc City any actual costs which exceed the City estimate, limited to the bond amotmt Should the Surety elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph, prior to any inter,plead action. In the event a dispute should arise between the Parties to this Bond with respect to thc 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 Axbitmtion 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, Washin~on 98101-2327. The Surety shall not interplead prior to completion of the mediation. DATED this 8th day of August ,2003. CORPORATE SEAL OF PRI~C~AL: JACK-IN-TIlE-BOX, INC. By: Its: Donna J. O' Assistant Secretary 9330 Balboa Avenue San Diego, CA 92123 (858) 571.2121 CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assi~0 Secretary of the Corporation named as Principal in the within bond; that Donna J. O'Donnell, who signed the said bond on behalf of the Principal, was Assistant Secretary of the said Corporation; that I know her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority o~f its governing body. 6 SecretayAssistant Secretary State of California ) ) ss County of San Diego ) On August 8, 2003 before me, Judy Ankrom, Notary Public, personally appeared Donna J. O'Donnell, 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 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. JUDY ANKROM ~/.,7_.._.~4.~.~ COMM, #1422208 ~{~) NOTARY PUBLIC,CALIFORNIA SEAL ~' ~.'tl~[~7.// SAN DIEGO COUNTY [__~ Corem, Expires July2, 2007 OPTIONAL SECTION: Capacity Claimed by Signer. Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. X Individual Corporate Officer(s) Assistant Secretary Title(s) __ Partner(s) Limited __ General __ Trustee(s) Other Signer is Representing:. Jack in the Box Inc. Name of Entity(ies) Title or Type of Document: City of Federal Way Performance/Maintenance Bond Number of Pages: Date of Document: August 8, 2003 Copyright 1993 National Notary Association, Canoga Park, CA CORPORATE SEAL OF SURETY: Surety By: WESTERN SURETY COMPANY Attorney-in-Fact ~/ (Attach Power of Attorney) Matthew C Gaynor (Name of Person Executing Bolld) 675 Placenfia Avenue, Second Floor Brea, CA 92821 (858) 552-3710 APPROVED AS TO FORM: Patricia A. Richardson, City Attorney I:~sdcklocsksave~ 1911774087.doc G :XLaxvForms\Pcffom'mnceMain tmnnceBoad R~-v. 12/02 7 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Cindy Williams, Matthew C Gaynor, Diane Dewhirst, Individually of San Diego, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Executive Vice President and its corporate seal to be hereto affixed on this 23rd day of January, 2002. State of South Dakota t ss County of Minnehaha WESTERN SURETY COMPANY ~PateT~ecut~dent On this 23rd day of January, 2002, before me personally came Stephen T. Pate, to me 'known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Executive Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires October 22, 2005 ~.OT^R~ PUBUC~ ~'~ SOUTH DA KOTA ~'~,,,,..~ ~ My Commission Exp~cs 10-22-2005 ~ CERTIFICATE J. Mohr, Notary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, arid further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 8 th _ day of Augu8 t , 200~3. WESTERN SURETY COMPANY / X,,,_, L. Nelson, Assistant Secretary Form F4280-04-01 Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary~ any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have al~thority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal 'is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On 8/8/03 before me, ](/](~/~ / '~ ~d) r~ oq~ //~5 ~2 £d[ personally appeared Matthew C. Gaynor, [] personally known to me -OR- [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s~-~is/ar~ subscribed to the within instrument and acknowledged to me that he/sh~thhey executed the same in his/l:~gtheir authorized capacity(h~, and that by his/hey°their signamre(r~)-on the instrument the person(~xT, or the entity upon behalf of which the person(~) acted, executed the instrument. WITNESS my hand and official seal. 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 Performance/Maintenance Bond [] PARTNER(S) [] LIMITED [] ATTORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) CA-ICW 24 (7/00) NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Sure.ty Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 EXHIBIT B PARTIAL RELEASE OF BOND # The undersigned hereby acknowledges that a portion of the conditions of the Agreement and Performance/Maintenance Bond for Jack-In-The-Box Restaurant, have been satisfied and hereby authorizes the release of an amount equal to Seventy-One Thousand Two Hundred Seventeen and 60/100 Dollars ($71,217.60). 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 construction 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 Jack-In- The-Box Restaurant 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 Thirty Thousand Five Hundred Twenty-Two Dollars ($30,522.00). 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 ,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: Kim 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 NO: 132103 9110 LOT 2 OF KING COUNTY SHORT PLAT NO, 888040, ACCORDING TO SHORT PLAT RECORDED DECEMBER 21, i989 UNDER RECORDING NO. 8912211175, IN 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 8th day of August ,2003. JACK-IN-THE-BOX, INC. Donna J. O'D~ffnell Its: Assistant Secretary .... ooW ....... ~. c, ....9330 Balboa Avenue 1~ ..... llTA ,~o^:: San Diego, CA 92123 -(4-2-5)-6~9q~ (S5S) 571-212! 10 CALIFORNIA ~ STATE OF WASII~,~GTON'' ) SAN DIEGO ' ) ss. COUNTY OF K-}NG- 6~ ) On this day personally appeared before me Donna J. O'Donnell, to me known to be the Assistant Secretary of Jack-In-The-Box Restaurant, 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/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 seal this __ ~~'~- COMM. #1422208 ~°l~.~} NOT^BY PUBLI¢*¢ALIFO~NI^ 8th day of August ,2003. (n?ta,ry/~gr~, ature~ ~ -- .J udst~/AnKrom (typed/printed name of notary) California Notary Public in and for the State of~. My commission expires July 2, 2007 l:\csdc\docs/save/21911774087.doc G :\LAWFORMS/Agreement&PerformanceMaintenanceBond Rev. 01-31-02 11 87/31/2083 18:15 4256877962 JIB RE DEVELOPHENT PAGE 01 ° ~ck Iu The Box Inc ' 1217 SW 7's St Rcrdot~.~ WA. 98055 · Phon~ 425~B7~979 F~x 425-687-7962 :;" ;%'~' ~~2~"'~ "-" ;11 ........ :; ; ~' '~ x. .., ~¢:¢~-~-'~- . .... --~.--~: .............. .,,.~¢ ..... ~. ,.n .............. , ......... ,~: . .. ~ .; ...... ,'~.' .A~i~,~,~~.,~v.~,..', ~.,.,,: ,~,,'.~,:..,tn..~.". ~'.': ?".,:'~' :~ '-n,.~. ,,-.,"'..'~ -..,~..:~ -.'"'~. · · , .~ '.: -':,. '.¢'.,:"~.".:~~~" ~ ~g;'."..';.'.',~'." ~:(",.'.'.::',.,:'~.:~',~.;?;'?%,~g,'.~:,::-.;.:.::;.'L'~',." ,... .... ~g~03~~", '." .* ' '~' ~" ." "'.~' ' "' · , "'~ · Klm Scattarella -re: Senior Engineering Plans Fax: 253-661-4129 Reviewer worn: Chris M. Smith Date: 07/31103 JIB.fl 6030 P/M agreement Re: Pages: 2 CC: [] Urgent [] F~ Review · .:.~, .. ~" :'.~.:. 7'. "': ~ / · : ' ~, :[% ~'~ e e ;:~:. :': ..~.';;';~}'~;~ched is a Ceffifi~te of Secretaw of Jack In The Box Inc. : :;.,, ... ,.:.... :-:;:.:..,~.1..:~ ':;;.'. ;.;..~. .':.'. ~':,. :.,..}i'. :/."?~:~.,-,?~~.d~scuss~on today w~th our Real Estate Legal Depa~ment it ;~;.~:~:~?~:~:::::" "~?~am like JIB will be having Michael J Snider sign the P/M bond '"': ........~;~:~':~~ent. Any questions, feel free to ~11 me at 425-687-4979. [] Plemm Recycle JIB RE DEVELOPMENT PAGE JBX P,E LEG&L 82 CERTIFICATE OF ~ECRETARY OF JAOK IN THE BOX INC, The undersigned hereby certifies as the duly elected and acting Secretary of Jack in the 8ox Inc., a Delaware oorporatlon, that the following is a true and compie[e list of the duly elected and acting Officers and Directors of said corporation as the date hereof: OFFICERS Robert J. Nugent John F, Heffner Linde A. Lang Lawrence E. Schauf Carlo E, Cetti Paul L. Schuitz Davfc[ M. These Karen C, Bachmann Donatd C. BIOUgh Pamela S. Boyd S~ephanie 1~. Cline Gladys H, DeCIouet Karen G. Gentry Terri F, Graham David T. Kaufhcld William F. Metre Harold L, ~nchs Karen H. Tr[ssel Charles E. Watson Victoria S. Brush Staves P. Smith Mishael J. Snider Donna J, O'Donnell Chairmen of the Board, Chief Executive OHicer and. President Executive vice President and Chief Financial Officer Executive Vice President Executive Vice President, General Counsel and Secretary Senior Vice Presldent, Human Resources & Strategic Planning Senior Vice President, ODerat~ons and Franchising Senior Vice President, Quality and Logistics Vice President, Corporate Communications vice President Vice President, Vice President, Vice President, Vice President, Vice President, Vice President, Vice President, Vice President, Vice President, Financial Planning Chief information Officer Operations - Division II Franchising Brand Communications & Regional Marketing Operations - Divi¢iort I Restaurant Development Treasurer Brand Strategy end Product Development Vice Pri~sident, Real Estate and Construction Assistant Secretary; Dtvision V~ce President Assistant Secretary: Division Vice President Assistant Secretary Assistant Secretary DIRECT. ORS Michael E. Alpert Jay W, Brown Edward Gibbons Al~ne B. Gust Alice B, Hayes Murray H, Hutchison M~chael W. Murphy Robert J, Nugent L. Robert Payee IN WITNESS WHEREOF, the undersigued has executed this Certificate Of Secretary as of the '5 1 d,,V o'~ ~u-t.~ .... said corporation. .. ,2001, and caused to be affixed hereto the corporate seal cf k in the Box Inc. Cer~secs/0659 Rev. 2/14/03 07/17/2003 09:50 FAX 425 893 8092 FREIttEIT ' ' '::'i ~,, ,, '"~i:r' ,, E IT H 0 ,!A=~'i:~: ~;.'i:ii~'E C m S, I ., P.S. 10940 N['3,~a PLACe' ~17~ :2~,2 BELLEVUE, W^ 98004 P:,~25.827.2100 F:425,828.6899 ,',,,;.,.,,' : ?' , ,;' ,.,,~ ~'~,,~ ' FAX TRANSMITTAL 253.661.4129 DATE: JULY 17, 2003 TO: ATTN: RE; PROJECT NUMBER: & HO CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT SERVICES DEPARTMEN 33530 1~ WAY SOUTH FEDERAL WAY WA 98063-4129 KlM 8CATrARELLA JACK. IN-THE-BOX, 2400 SW 335TM ST.. FEDERAL WA~ 02-450 NUMBER OF PAGES: (INCLUDING COVER) WE ARE SENDING YOU: INFORMATION SHEET FOR AGREEMENT & PERFORM, THESE ARE TRANSMITTED: XX FOR YOUR USE AND INFORMATION AS REQUESTED FOR REVIEW AND COMMENT REMARKS: Klm, Please see the following form. As we have to close the real estate portion of our building by the 28m of t the legal department's handling of this bond form would be greatly apprE If there are any problems or questions with this transmittal, please give [ time. Sincerely, FREIHEIT & HO ARCHITECTS, INC., P.S. Amanda Rlggs CC: File Chris Smith - Construction Manager (IF INFORMATION IS NOT RECEIVED AS INDICATED, KINDLY NOTIFY US ~001 ~ICEIMAINTENANCE BOND is month, any thing you can do to expedite :lated. call. Thank you for your help and your 4 T ONCE.) 07/17/2003 09:$0 FAX 425 893 8092 FREIItEIT & HO ~002 ~.C~l~~ PUBLI'C WORKS DEPARTMENT INFORMATION SHEET for AGREEMENT & PERFORMANCE/MAINTENANCE BOND Applicant: lACK-IN-THE-BOX, INC. Nature of Applicant's Entity: CORPORTATION (I.e. Corporal]on, General partnership, UmRed Par'mc~hlp, Individual, State of Incorporation'. DELAWARE (if applicable) Individual Signing on Behalf of Applicant: CHRIS SMITH (Name) CONSTRUC1]IQN MANA~_ER Critic) Applicant~ Phone; 425-687-4979 Fax Number: 425-687-7962 Applicant's Address: 1217 SW 7TM ST. RENTON WA 98055 (a~) (sram) (ZIP) Project Name:__JACK-IN-THE-BOX FAST FOOD RESTAURANT Address: 2400 SW 336TM ST, FEDER~L__WAY, WA 98023 Permit Number; 03-1011001-00-00-CO Cash Deposit Amount;~. Bond Company: Bond Amount;__ $101,739.60 Continental G~_su_@ltv C_ompany Bond Company Address: Bond Company Phone: 67~; Placentia Ave, 2"d Floorr Brea CA 92821 (st~t) 858-552-3710 Fax Number; (~mlm) CZlP) 858-552-4299 Bond Company's State of Incorporation: Nature of Bond Principal's Entity: Fast~Eo_Qd Restaurants CorpOratiOn, General partner~lp, Umlted Partnership, IndMdual, Bond Principal's Name: ]ack-in-tb~-Bg×, Inc, Information Sheet for Agreement & Performance/Maintenance Bond 1 07/17/2003 09:50 FAX 425 893 8092 FREIHEIT & HO ~003 -flUe of Person Signing on Behalf of Bond Prindpal:. .1]~,B Employee Bond Principal's Address: Bond Principal's Phone: 9330 Balboel Avenue, San_Diego CA 92123-1~;16 858-571-2..395 Fax Number: 858-694-15S3 Property Owner's Name if Individual: LEON P. GARDENER Property Owner's Name if Proprietary Then:~ n/a Spouse;. BARBARA GARDENER Description of Work: NEW ~/OOD FRAME FA~[FI'-FOOD RES~FAURANT WITI:I DRIVE-THRU AND ASSOCIA-[ED SITE IMPROVEMENTS~ Legal Description: LOT 2 OF KING COUNTY SHORT PLAT NO. 8880~0, ACCORDING TO SHORT PLAT RECORDED DECEMBER 2J.!989 UNDER RECORDING NO. 8912211175, :IN KING COUNTY, WASHINGTON. k:\devtserv\dev stand manual~appendlx - agree i~rrn-r'~lnt bond forms, doc Information Sheet for Agreement & Performance/Maintenance Bond 2