Loading...
AG 04-040 DATE IN: DATE OUT: TO: ba:~ ( 1-'1' / fl1~' \,}~rf CITY OF FEDERAL WAY LAW DEPARTMENT /l \ \ I / ,¡ >"\\J REQUEST FOR CONTRACT PREPARATIONIDOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. CONTRACT REVIEW M PROJECT MANAGER ¿(DIRECTOR J./:2+1 C ~LAW" )~ID4 . . lRI Ucyd Ðl+e.,'p ¡Sf'S tt Ucyd -3/lt CONTRACT SIGNATURE ROUTING I2(LAW DEPARTMENT :8/is/t1 ¡¡q' CITY MANAGER1í\SIC~ ì& CITY CLERK ~ß" IGN COpy BACK ~91?RG~~T.fJG DEfT,;. ~~~IGNED.'\G#~~ ft\..O ()L1-'1Q 0 -PtJR.eHASlNG: PLIASr: CHARGE TO: N I A COMMENTS 2. 4. 5. 6. 7. 8. 9. 10. 11. ORIGINATING DEPT./DIV: PvJ I DS ORIGINATING STAFF PERSON: ¡¿¡ nil ,5{ ttffllrctL/L--. EXT: iJ 13;2-- 3. DATE REQ. BY: TYPE OF DOCUMENT REQUESTED (CHECK ONE) 0 PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE/LABOR AGREEMENT 0 PUBLIC WORKS CONTRACT 0 SMALL PUBLIC WORKS CONTRACT )(,SECURITY DOCUMENT (E.G. .AGREEMENT 8< PERF/MAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND) 0 CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) 0 CONTRACT AMENDMENT 0 CDBG 0 OTHER (LESS THAN $200.000) 0 PURCHASE AGREEMENT) (MATERIALS, SUPPLIES, EQUIPMENT) 0 REAL ESTATE DOCUMENT AG#: PROJECT NAME: TELEPHONE TITLE ATTACH ALL EXHIBITS AND CHECK BOXES 0 SCOPE OF SERVICES..è(ÄLL EXHIBITS REFERENCED IN DOCUMENT 0 INSURANCE CERTIFICATE 0 DOCUMENT AUTHORIZING SIGNATURE TERM: COMMENCEMENT DATE: n I {L- COMPLETION DATE: TOTAL COMPENSATION $ VI k tL- (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHA GE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 0 YES 0 NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CIT INITIAL/DATE APPROVED L~ 3/~/of; ~ INITIAL/DATE APPROVED 10/09/02 , , A6 It Dt./-Lft) Applicant: Lloyd Enterprises, Inc. Project Windswept Property Address: 29603 Military Road South Federal Way, WA Bond #: Pennit#: 03-103925-000-00-EN Bond Amount $247,750.00 Cash Deposit Amount: $6,193.75 CITY OF FEDERAL WAY AGREEMENT AND PERFORMANCEIMAINTENANCE BOND THIS AGREEMENT ("Agreement") is dated effective this 12ttiay of March, 2004. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City") and Lloyd Enterprises, Inc., a Washington corporation ("Applicant"). A. The Applicant is required to perform certain work and/or complete certain improvements, including on-site improvements and off-site improvements for a single-family subdivision 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: I. 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 PerfonnancelMaintenance 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 an applicable law, the sum of the Bond shan 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 shal1 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 wi11 release the remaining portion of the Bond by executing and delivering to Principal the Ful1 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 al1 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 fol1owing percentages of the amount of the Bond: Amount of Bond Amount of Cash Deposit 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 2-1/2% of Bond The cash deposit may be used by the City to cover its actual expenses in administering this Agreement and, if necessary, col1ecting and using the proceeds from the Bond. 9. Remedies Cumulative. No remedy provided for by this Agreement shal1 be deemed exclusive, but shal1 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. II. 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 ofthe Parties' successors in interest. Time is of the essence. LLOYD ENTERPRISES, INe. By: ~~ Randy D. Lloyd Printed Name Its: Vice-President Title PO Box 3889 FederalVVay, VVA 98063-3889 (253) 927-0416 CITY OF FEDERAL WAY Dave, Ity Manager 335 1st Way South PO Box 9718 Federal Way, Washington 98063-9718 By: / City C erk, N. Christine Green, CMC APPROVED AS TO FORM: I~ \ ~~~JI~'Y ~atricia A. Rich rdson, City A'ttorney . . STATE OF WASHINGTON) ) ss. COUNTY OF KING ) On this day personally appeared before me Randy D. Lloyd , to me known to be the Vice-President of Lloyd Enterprises, 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 thathe/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 &[-_.-:O:::-~ . ,I'.'ì-\N, D:;'~',:<:'.;, I \\," --- ,,/.., ,'v J ,Ô~I'Jj'i f;"~,,<~,,-,¡ '\\ ~"'. "'.:;, \\ 1 0 r, ,- ,.f u NOTARY ~') \,\ H , PûŠL~r. ,~1 \ ,r v l.., /' (. '\,5-1,1 <'C','.C. ".,1/','/ \. '/(, '" ,,' '/', , 'I . 0 ,_....., , ,.' ""'" .F I,', ,", ", .'J ~., 12th day of March ~~ Luann Davis (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires 5/11/2004 ,2004. ,...:;;¡¡;¡t¡,,',: ".. ~..:.:'; '~E :,;¡ø.,;..,'- I: \csdc \docs \save\ 7380262094 .doc G: \LA WFO RM S\Agreement&PerformanceM aintenanceBond Rev 12/02 f .' Bond # 104239915 EXHIBIT A Project: Windswept Permit #:03-1 03925-000-0-EN CITY OF FEDERAL WAY PERFORMANCE/MAINTENANCE BOND KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned Lloyd Enterprises, Inc., ("Principal") and Travelers Casualty & Surety 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 Forty-Seven Thousand Seven Hundred Fifty Dollars and no/lOa ($247,750.00) 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 complete on-site improvements and off-site improvements for a single-family subdivision. NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Agreement, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold the City, their officials, agents, employees and volunteers harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of the Principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City harmless from any damage or expense by reason of failure of performance as specified in the Agreement, or from defects appearing or developing in the material or workmanship provided or performed under the Agreement within a period of two (2) years after its final acceptance thereof by the City, then and in the event this obligation shall be void; but otherwise, it shall be and remain in full force and effect. And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Agreement or to the Work. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the Agreement without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five percent (25%) of the original amount of this bond without the consent of the Surety. Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of the terms of the Agreement, the Surety shall make a written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the City, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work, the City shall notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph, prior to any interplead action. In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default by the Principal, the Parties agree to participate in at least four hours of mediation in accordance with the mediation procedures of United States Arbitration and Mediation ("USA&M"). The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by the Seattle USA&M office, 4300 Two Union Square, 601 Union Street, Seattle, Washington 98101-2327. The Surety shall not interplead prior to completion of the mediation. DATED this 12THday of MARCH ,2004. CORPORATE SEAL OF PRINCIPAL: LLOYD ENTERPRISES, INe. By: .,~~~ ("Šignature of Person Executing Bond) Randy D. Lloyd (Name) Its: Vice-President (Title) PO Box 3889 Federal Way, W A 98063-3889 (253) 927-0416 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 Randy D. Lloyd, 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. ~ Seer ry or Assistant Secretary CORPORATE SEAL OF SURETY: Surety Travelers Casualty & Surety of America B orney-in-Fact JOANNE REINKE (Attach Power of Attorney) JOANNE REINKENSMEYER (Name of Person Executing Bond) 1201 Pacific Avenue, Suite 1000 Tacoma, W A 98402 (253) 759-2200 APPROVED AS TO FORM: ~* Travelers ~ IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. .f TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations dilly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Brad Roberts, Eric Zimmerman, Jack P. Sutton, Joanne Reinkensmeyer, Karen Swanson, Kip W. Vandeventer, Randolph J. Carr, Robert E. Heilesen, Stacy Cutbirth, Tracey L. McKinley, Holli Lagerquist, Lisa Kerstetter, Simone U. McGuire, of Tacoma, Washington, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instnunent(s): by his/her sole signature and act, any and all bonds, recognizances,contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the dilly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confinned. This appoinùnent is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chainnan, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indeIIUÚty, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given lùm or her. VOTED: That the Chainnan, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indeIIUÚty, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 Standard) EXHIBIT B PARTIAL RELEASE OF BOND # 104239915 The undersigned hereby acknowledges that a portion of the conditions of the Agreement and Performance/Maintenance Bond for Windswept single-family subdivision, have been satisfied and hereby authorizes the release of an amount equal to One Hundred Seventy-Three Thousand Four Hundred Twenty-Five Dollars ($173,425.00). 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 ,20o_. CITY OF FEDERAL WAY By: (Name, Title) EXHIBIT C FULL RELEASE OF BOND # 104239915 TERMINA nON 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 PerfonnancelMaintenance Bond for Windswept single-family subdivision, 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 Seventy-Four Thousand Three Hundred Twenty-Five Dollars ($74,325.00). 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 ,20O_. CITY OF FEDERAL WAY By: (Name, Title) MAIL TO: CITY OF FEDERAL WAY PO BOX 9718 FEDERAL WAY, WA 98063-9718 A TTN: Kim Scattarella EXHIBIT D LICENSE The undersigned owner of certain real property located in Federal Way, Washington and legally described as follows: TAX PARCEL NO: 042104-9087 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 12th day of March ,2004. LLOYD ENTERPRISES, INe. ~ (Signature) PO Box 3889 Federal Way, W A 98063-3889 (253) 927-0416 STATE OF WASHINGTON) ) ss. COUNTY OF KING ) On this day personally appeared before me Randy D. Lloyd , to me known to be the Vice-President of Lloyd Enterprises, Inc., 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~nd official seal this 12th day of March , 2004. ,\'~:!~ £';¡t":;'~~,, . ~~\J .f;,~, '\\ (notary signature) (J NOTARY ~'\\~ Luann Davis . -:UBel<of-IC J. :/ (typ~d/.printed name of notary) . . \~\ 5-~ 1.~C:J1 //"'1 Notary Pu?h~ m and. for the State ofWashmgton. \. '/<':"'-...,.//./ My commIssIon expIres 5/11/2004 ., ~:,'~) '". I: \csdc\docs\save\ 7380262094.doc G: \LA WF 0 RM SlAgreement&Perf ormanceM aintenanceBond Rev. 0]-31-02 EXHIBIT "I" PARCEL A: ALL THAT PORTION OF THE SW 1/4 OF THE NE 1/4 OF SEC 4, TWP 21N, RGE 4E, WM, IN KING COUNTY, W A LYING SOUTHWESTERLY OF MILITARY ROAD AND EAST OF THE TRACT CONVEYED BY EDGAR E. SHEETS AND WIFE TO GLEN I. RUSSELL AND WIFE BY DEED RECORDED IN VOLUME 1318 OF DEEDS, PAGE 200, UNDER AUDITORS NO. 2185 33. COMPRISING 0.367 ACRES; PARCEL B: PORTION OF THE NW 1/4 OF THE SE 1/4 OF SEC 4, TWP 21N, RGE 4E, WM, IN KING COUNTY, W A., DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID NW 1/4 OF THE SE '14, THENCE RUNNING WEST 596 2/3 FEET; THENCE SOUTH 365 FEET; THENCE EAST 596 2/3 FEET; THENCE NORTH 365 FEET TO THE POINT OF BEGINNING, EXCEPT THAT PORTION LYING NORTHEASTERLY OF THE SOUTHWESTERLY MARGIN OF l\1ILIT ARY ROAD; AND EXCEPT THAT PORTION THEREOF LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NE CORNER OF SAID NW '14 OF THE SE '14; THENCE N 88°18'00" W ALONG THE NORTH LINE THEREOF 319.67 FEET; THENCE S 1°16'44" W 365.09 FEET TO THE POINT OF BEGINNING OF SAID DESCRIBED LINE; THENCE N 1°16'44" E 185.00 FEET TO AN ANGLE POINT IN THE WESTERLY BOUNDARY OF THAT PROPERTY CONVEYED TO SCOTT E. MATHEWS BY DEED RECORDED UNDER KING COUNTY AUDITOR'S FILE NO. 7802220253; THENCE N 46°39'00" E ALONG SAID BOUNDARY 106.35 FEET TO THE SW MARGIN OF MILITARY ROAD AND THE TERMINUS OF SAID DESCRIBED LINE, COMPRISING 2.441 ACRES.