HomeMy WebLinkAboutS_Release_Letter_Sensitive_Area_Agreement_578570S_LUA08-127_20230817King County
Department of Development and Environmental Services
900 Oakesdale Avenue SW
Renton,WA 98055-1219
URETY BOND
Financial Guarantee Activity No.A04BN493 Bond No.5785?OS
Name of Project Woodberry Lane
Location/Address of Project 11925 SE Petrovitsky Road
Bond
Project No.L02P0012 Amount $20,398
We K Best Construction,Inc.
a corporation organized and existing under and by virtue of the laws of the State of California
legally doing business in the State of Washington,as Surety,are held and firmly bound unto King County,State of
Washington,as Obligee,in the penal sum of Twenty Thousand,Three Hundred Ninety-eight and 0/100 dollars
for the payment of which we firmly bind ourselves,and our legal representatives,successors and assigns,jointly and
severally.
THE CONDITION Of OBLIGATION is that:
I.The PrincipaL as Applicant,has executed an “Agreement”entitled “Sensitive Area Restoration Agreement,a copy
of which is attached hereto and incorporated herein by this reference.
2.Under the provisions of the Agreement,the Principal is required to furnish a guarantee to secure the Principal’s
compliance with the terms of the Agreement.
3.This Surety Bond is intended to secure the Principals’performance of work and payment of fees in accordance with
the associated Agreement.
IT iS FURTHER EXPRESSLY PROVIDED that:
1.Until written release of this obligation by King County,this bond may not be terminated or cancelled by the Principal
or Surety for any reason.
2.The obligation of the Surety shall not be discharged or affected by any extension of time for the Principal’s
performance of this Agreement or by any amendment of the engineering plans used for construction of the project.
The Surety hereby waives notice of any such extension or amendment.The obligation ofthe Surety shall,in no
event,exceed the penal sum hereof unless the Surety has expressly consented to any change,modification or
extension of the Agreement and has issued its written adjustment of the penal sum,signed by the Principal and
Surety.
3.Upon failure of the Principal to perform any of the terms of the Agreement,The Surety shall either perform the terms
of the Agreement or shall tender to the County the amount which the County estimates necessary to effect
compliance with the terms of the Agreement.The County estimate may not be challenged or otherwise disputed by
the Principal or Surety.Any funds provided by the Surety in excess of that expended to remedy noncompliance with
the Agreement will be returned to the Surety upon completion ofthe remedial work and payment of outstanding fees.
4.In the event that this project becomes part of an incorporated area,King County may transfer its rights and
obligations under this Surety Bond and the associated Agreement to any successor jurisdiction without notice to the
Surety or Principal.The rights and obligations under this Surety Bond are for the exclusive benefit of King County.
Except as otherwise expressly provided herein,the rights and obligations of King County under this Surety Bond
may not be assigned.hypothecated or transferred for any purpose.
1W 4 BN4%.3
Indemnity Company of CaliforniaasPrincipaland
_______________________________________
and
It is the PRINCIPAL’S (as APPLICANT in attached Agreement)responsibility to notify King County of any change in address,phone number,or change of ownership of property.It is the PRINCIPAL’S responsibility to arrange for replacement of any/allfinancialguaranteespriortothetimethatachangeofownershipoccurs.The PRINCIPAL shall remain responsible for all termsoftheagreementuntilsuchtimeasanewownershallreplacethefinancialguaranteesandcompleteanyotherdocumentsasrequiredbytheCounty.
C
King County Department of Development
and Environmental Services
900 Oakesdale Avenue SW
Renton,WA 98055-1219
SENSITIVE AREA RESTORATION Applicant’s Name and Address
AGREEMENT (54lLCt?o1YL LDIIC
Ma6taf-M)__
AGREEMENT Number Project/Permit Number and Name7
A04BN493 L02P0012Wodberry Lane
,
Guarantee Amount Site Location
$20,398 11925 SE Petrovitsky Road
This G EEMENT is made and ntered into this
_______
day of
______________________
20 ,(Effective date)between the King County Department
of Development and Environmental Services,hereinafter called the COUNTY,and the
above named applicant,hereinafter called APPLICANT.All references in this
AGREEMENT to the APPLICANT shall include the APPLICANT and its successors and
assigns.All references in this AGREEMENT to the COUNTY shall include King
County and its successor political jurisdictions.
Basis for AGREENENT:I
WHEREAS the undersigned APPLICANT seeks to record the above-referenced subdivision
or obtain issuance of the above-referenced permit;and
WHEREAS the COUNTY will permit recording of the subdivision or issuance of the
permit upon agreement by the APPLICANT to,among other requirements for this
project,complete all terms of this AGREEMENT;
NOW THEREFORE,the APPLICANT hereby agrees and binds itself and its legal
representatives,successors,and assigns,as follows:
Terms of the AGREENENT:
1.The APPLICANT shall fully install all sensitive area and/or buffer
mitigation measures required pursuant to the above referenced Project/Permit by the
time specified by the COUNTY,which is prior to recording of the above subdivision
(unless approved in writing by DUES).Installation shall be in accordance with the
approved sensitive area and/or buffer mitigation plan including any approved
amendments or extensions thereto,and in conformance with applicable COUNTY
ordinances,standards,and specifications.All improvements shall be installed to
the satisfaction of the Director of DUES or his/her designee.
2.The APPLICANT shall fulfill all other requirements of King County Code
21A.24 and other Codes and regulations applicable to the project,even if these
requirements are not set forth in this AGREEMENT.
3.The COUNTY must approve (in writing)any APPLICANT proposed change of
work from the approved plans prior to beginning such work.
4.Prior to beginning construction,a pre-construction conference shall be
held with the COUNTY,the APPLICANT and the APPLICANTs contractor(s).
5.The APPLICANT shall be responsible for costs of any corrective work on or
off the site to the extent that such corrective measures are associatec with work
performed and/or not completed.
6.The APPLICANT shall implement all necessary erosion-sedimentation
measures/facilities to ensure sediment-laden water does not enter natural or human-
made drainage facilities and will maintain them until such time as erosion
potential is past.In the event erosion and sedimentation is observed and uponwrittennoticebyKingCounty,the APPLICANT shall immediately take corrective
act.icxs tc preJent erosic’on or off the ste.
7.The APPLICANT shall notify the COUNTY in writing upon installation of the
mitigation plan measures.Within 60 days after COUNTY inspection approves
mitigation installation,the APPLICANT shall submit as-built drawings,and shall
thereafter submit monitoring reports by or before October 31st in every year
following.
RO43
Sensitive Area Restoration Agreement
Page 2
8.The APPLICANT shall perform monitoring and maintenance as set forth in
the mitigation plan so as to create healthy growing conditions for five years
after the COUNTY approves installation.If the project site does not meet the
performance standards established in the mitigation plan,the COUNTY may extend the
monitoring period until those performance standards have been met.
9.Prior to the COUNTY’s approval and authorization of construction,the
APPLICANT shall post a financial g-uarantee in the above amount and in a form
approved by the COUNTY to guarantee compliance with all terms of this AGREEMENT.
The financial guarantee shall remain in force and effect until written release by
the COUNTY.The APPLICANT’s obligation to perform work and pay fees and other
amounts is not limited to the amount of the associated financial guarantee.
10.Any failure on the part of the APPLICANT to proceed with due diligence
and in good faith in the construction,maintenance,and/or monitoring work provided
herein shall,upon notice by the COUNTY,constitute a default of the terms of this
AGREEMENT.
11.The APPLICANT shall reimburse the COUNTY for all direct and indirect
costs necessitated by this AGREEMENT,including but not limited to plan review
and inspection fees pursuant to Title 27 of the King County Code,hourly
monitoring and inspection fees pursuant to Title 27.02.080,and corrective action
or abatement.
12.The APPLICANT hereby grants the COUNTY the right to enter and inspect the
project site,and,in the event of any failure to perform terms of this AGREEMENT,
to implement such corrective measures as the COUNTY deems necessary.
13.The obligation to install,maintain,and monitor the mitigation measures
set forth in the mitigation plan shall run with the principal of the guarantee.
14.The APPLICANT shall be responsible for the proper performance,safe
conduct and adequate policing and supervision of the project.This responsibility
shall not be lessened or otherwise affected by the COUNTY’s review of plans,
specifications,or work,or by the presence at the work site of the COUNTY’s
representative(s),or by the compliance by the APPLICANT with any requests made by
said representative(s)
15.The APPLICANT shall indemnify and hold the COUNTY and its agents,
employees and/or officers harmless from and shall process and defend at its own
expense all claims,damages,suits at law or equity,actions,penalties,losses,or
costs of whatsoever kind or nature,brought against the COUNTY arising out of,in
connection with,or incident to the execution of this AGREEMENT and/or the
APPLICANT’S performance or failure to perform any aspect of the AGREEMENT.
Provided,however,that nothing herein shall require the APPLICANT to hold harmless
or defend the COUNTY from any claim arising from the sole negligence of the
COUNTY’s agents,employees and/or officers.
1G.In the event that any party deems it necessary to institute legal action
or proceedings to enforce any right or obligation under this AGREEMENT,the parties
hereto agree that any such action or proceeding shall be brought in a court of
competent jurisdiction situated in King County,Washington.
17.This Agreement shall remain in e-ftct..and the associated financial
guarantee shall not be released untU five years after installation is approved by
the COUNTY and performance standards set-forth in the mitigation plan have been met
to the satisfaction of the Director of ODES or his/her designee.
IN WITNESS THEREOF,the parties hereto have executed this AGREEMENT as of the dayandyearfirstabovewritten.
BY:/...,I A/TITLE:/ZL.ç ‘cL1i7
DATE:2_l4O 7
Received for King Co n y
BY:TITLE:
DATE:-6
ACTIVITY NUMBER
r
n&
O4BN493