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HomeMy WebLinkAboutS_Landscape_Maintenance_Bond_LB8799_190404Denis Law Mayor Community &Economic Development C.E.“Chip’Vincent,Administrator April 4,2019 iC.Real Estate Group NW,LLC 18124 Riviera Place SW Normandy Park,WA 98166 SUBJECT:RELEASE OF POWER OF AUORNEY AND LANDSCAPE BOND #LB8799 LARSON PARK SHORT PLAT /LAND USE #LUA11-053 Dear Sir/Madam: This letter will serve as authorization to release the Limited Power of Attorney from CBIC Insurance and Landscape Bond #LB8799 issued to iC.Real Estate Group NW,LLC on December 28,2001 in the amount of $14,959.00.These items were posted to the City of Kenton on behalf of the Larson Park Short Plat project. Enclosed are the original documents for your reference. If you have any questions,please contact the project manager,Brianne Bannwarth at (425)430-7299. Sincerely, Jennifer Henning Planning Director Enclosure(s):CBIC Insurance Limited Power of Attorney Agreement to Install Landscaping for Subdivision surety Bond #LB8799 cc:Brianne Bannwarth,Development Engineering Manager 1055 South Grady Way,Renton,WA 98057•rentonwa.gov ‘Th AGREEIAENT TO INSTALLLANDSCAPINGFORASUBDIVISIONKingCountyDepartmentofDevelopmentandEnvironmentalServices900OakesdaleAvenueSWRenton,WA 98055-1219APPLlCANT’Sa e APPLlCAkT’SAddre -f(pfl tpje ciw 1diq fren SWS€411fr 13%ACTIVITY Number Project Number and NameA018N816L99P0003—Larsons ParkeGuaranteeAmountSiteLocation/SeclionS14,959 Parcel 0813000040ThisAGREEMENTismadeandenteredintothis‘214[day of ,2(’/,,between the King County DepartmentofDevelopmentandEnvironmentalServices,hereinafter called the COUNTY,and the above named APPLICANT,hereinafter called APPLICANT. Basis for AGREEMENT: WHEREAS the undersigned APPLICANT wishes to develop the above-referenced project,and WHEREAS the County will grant fmal plat approval upon agreement by the APPLICANT to,among other project requirements,comply with all leans of this AGREEMENT; NOW THEREFORE,the APPLICANT hereby agrees and binds itselfand it’s legal representatives,successors,and assigns,as follows: Terms of the AGREEMENT: -The APPLICANT shall,within two years ofthe final plat approval,complete all required landscaping in Ml compliance with the approved landscape development plans,including any approved amendments thereto.Landscaping shall be planted and completed in conformance with COUNTY specifications,to the satisfaction of the Director of DDES or his/her designee.All planting 5hall be performed in accordance with accepted practices,in good soil with adequate ‘vater available. 2.The County must approve (in writing)any APPLICANT proposed change of work from the approved plans prior to the APPLICANT beginning such work. 3.The APPLICANT shall fulfill all other requirements of King County Code 21.50.070,and adopted ordinances in connection with landscaping improvements,even if these requirements are not set forth specifically in this AGREEMENT. 4.The APPLICANT shall complete all landscaping work requirements with due diligence.The Director of DDES may extend the time limit for compliance up to six months when,in the Director’s discretion,circumstances beyond the control of the APPLICANT vanant an extension. 5.The APPLICANT shall reimburse the COUNTY for all-actual 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 and corrective work or abatement. 6,The APPLICANT hereby grants King County the right to enter and inspect the project site and,in the event of any failure to comply with terms of this AGREEMENT,to implement such corrective measures as King County deems necessary. 7.Prior to recording ofthe subdivision,the APPLICANT shall provide the COUNTY with a financial guarantee in the amount and in a form approved by the COUNTY in order to secure the Applicant’s compliance with terms ofthis AGREEMENT.The guarantee shall remain in force and effect until written release by the COUNTY.The Applicant’s obligation to perform work and pay fees or other amounts is not limited to the amount of the associated financial guarantee. 8.The APPLICANT shall notify the COUNTY in writing when all landscaping is implemented in accordance with approved plans. 9.Upon completion of the required landscaping improvements to the County’s satisfaction,and prior to the release of this financial guarantee,the APPLICANT shall file such further financial guarantees and agreements in the amounts and forms acceptable to the COUNTY to secure the attractive appearance and healthy growing conditions for two years after installation or two years after flnal plat approval,whichever is later.In the event that the APPLICANT fails to post such an additional financial guarantee,the COUNTY may demand payment on the performance financial guarantee instmment and hold such amount to secure maintenance of landscaping in accordance with this AGREEMENT.While maintenance for the two-year period may result in the release ofthe financial guarantee,the APPLICANT recognizes its continuing duty to maintain the landscaping,as required by King County Code 21.51.080. 10.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 othenvise affecied by the County’s approval 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). II.The APPLICANT shall indemni’and hold the COUNTY and it’s agents,employees and/or officers harmless from and shall process and defend at it’s 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 if such claims are caused by or result from concurrent negligence of the APPLICANT and the COUNTY,it’s agents,employees and/or officers,this provision shall be valid and enforceable only to the extent of the negligence of the APPLICANT,and provided further,that nothing herein shall require the APPLICANT to hold harmless or defend the COUNTY from any claim arising from the sole negligence ofthe County’s agents,employees and/or officers. 12.In Ihe 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 ofcompetentjurisdiction situated in King County, Washington. Release Requirements:This AGREEMENT shall remain in effect and the associated financial guarantee shall not be released until all terms of this AGREEMENT have been completed to the satisfaction of the Director of DDES or his/her designee. SdRETY BONDKingCountyDepartmentofDevelopmentandEnvironmentalServices900OakesdaleAvenueSWRenton,WA 98055-1219FinancialGuarantee Activity No.AOIBN816 Bond No.LB8799NameofProjectLarsonsParkeLocation/Address of Project Parcel 0813000040 BondProjectNo.L99P0003 Amount $14,959WeJ.C.Real Estate N.W.,LLC ,asPrincipalandGxItraztorsBrdkEardIrlsurarcethrwr’ a corporation organized and existing under and by virtue of the laws of Ihe Stale of Washington and 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 Fourteen Thousand,Nine Hundred Fifty-nine 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: 1.The Principal has executed an ‘Agreement”entitled “Areernent to Install Landscapin2 for a Subdivision/PUB within Two Years of Recording”,a copy of which is atlached 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 Principals 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 of the 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 othenvise 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 of the remedial work and payment of outstanding fees. 4.In the event that this project becomes part of an incorporated urea,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 othenvise expressly provided herein,the rights and obligations of King County under this Surety Bond may not be assigned,hypothecated or transferred for any purpose. 3JUciri-i$6a)s--i03-)Ct20‘-I111-aa5-3-UaaCrC’0ClUCtVICClVF-IiiizC05-4Ca)3-)ci1-)C,)r-1Cia)—C——I)çzC©CC,4:04:U)<CUc-iC-1Qia)r-13-)4-)cia)Cl)cccca)‘-43-)4-)Cia)U)U,0Ci,00rUU0o.t0C,).t00V,0OCttCtCi—00—U,-——UC,)tOOr00—U,CCC.-’ClccnccCC.-,C.-’Ccc—SClccCC-’I-VClzVC0I-V-DEClzVSUaC-aa5-a—r-dC.-=•a:—C0 chicfr.SSURArCM Home Office:1213 Valley StreetP0Box9271Seattle,WA 98109-0271(206)628-7200KNOWALLMENBYThESEPRESENTSthatCONTRACTORSBONDINGANDINSURANCECOMPANY,a cowpomfcn du gamzed aid existing under th0 toes of the Stale of Washington.aidhaengitspdnopalofficeinSeatth,King Gaunfy.Wathaigtai.dons by these resenf5 metre,constitute aid çnnt MARK NOMA.ci Seattb.Washington.its me aid tevhil Atto eyei.Fai,veth fijIaidajthontyfwsby,fesmd in its name.F aid stead,to execute.acfs.onbdge aid deEM ml bedal of the Cowçriy aiy aid al be.,ds aid uidaialungs of ajsxryckfp gaii ice aiypnsse,m4ded.thai no Attcsnoy-m-Fect thai be aitaized to execute aid doher aiy bend or w,d&abig that thai obigate the Compaiy for aiy porben of tie at slim theistt aexcessci$6000000.aid pvaded,fwte thai no Attaney-r-Fxt thai as tie aitoity to ‘ae a Lid or p.opesai thid fri asy poqect Miere.if a coiitrt is avvaded.ely baid or indalaiingbereçamdwthaponaiseminexcessofS6,OO3.000 aid to bind the Corrpaiythasbyas fisly aid to the same extait asit sixth taids wets egned by the President,sead wth the po.atesealoltheCompaiyaidduattestedbyesSerelayherebymtfrngaidconfirminga)that the sad Atlcwiiey.i-Fxi may do in the premIses Sad appointment is made under aid by a.ttionty oftheiotvwingmashnionsadoptedbythe&ad ot Duxotorsct the CONTRACTORS BONDING AND INSURANCE COMPANYmi September 8.1998.RESOLVED that the Peadent ci the Ccmpaiy ts ajthonzed to appoint aiy peistn as the Compaiys me aid bvifut Attorneyei.Ft with pnrer aid aitho4ity to execute aiddelveronbehaloftheCcmpaiyaiyaidatbendsaidunderlalingsoisuxetystiipgivenfaraiypolpose.subtect to stitch lmits as thai be detennisted by the Predent of themp&iy peouded.however,that no sixth petsen thai be aithaized to execute aid delver aiy bend or undeflaling thai thai cblgate the Cmpaiy (or aiy portion of the penalsumWnaifa,eaten ot SlD.CCO.X0.aid proeded.haifa,that no AttcsnflFsel thai haa the aitary to aaa a bd or propzsai bred aiy pmject vitae,a caibait isawwded.aiy bond or undeelththg voM be reçzied ieth penalwin in excess of 510.000.000.RESOLVED FURTHER that the aiticaity of the Secistayct the mpaiyto catiy the aitetltty aid etfeceranof the forego.ng resilitol at aiy Litrded Power of Atlmneyisherebydetogatedlothefowngpets.the dgnalureof aiy ci tobeeng to had ta mpaiy with regal to the athentrily aid effectiveness of the toregong reselations asiisignedbytheSecxutayoftheCompanyDonadSbIch,Steve,A.Canes,John P.epriy,Join 0,Mnto,LaiyA.Byes,Bdai Sofutcic,Cons Retauu,ApnIRthre aid Ehc Sirkmn.RESOLVED FURTHER that the dgnttums (ixtoding ceetfcabai that the Power of Ahmney is stil i force aid effect)of the Preddunt,Notay Pubic aid peesen certifyingsethexttyaideffasbieness.aid the onewate aid hotaey seab appesing on aiy Limited Power of Attorneytanng this aid the foregoing resebtian as vial as the LimitedPoviarciAttorneyitseiaiditsbausmtssrn.may be byfdrrdh;aid such Limited Poveot Attorney thalbe deemed ai aigth&in at aspects. RESOLVED FURTHER that at resubtois adopted prtr to today aqniting the aw naried as Attorney-inFect to,CONTRACTORS BOfIDING At INSURANCE COMPAfWweherebysuperteded. RI WITNESS WHEREOF.CONTRACTORS BONOtttG AND INSURAfICE COI)PAtW has missed these presents to be dgred by its President aid its corporate seat to be hereto affixed this 13thdayoiAugusl,2001. CONTRACTORS BONDING AND INSURANCE COMPAFW By. Steven &Gaa PSient STATE OF WASHLIIGTON—CDUIITY OF Kills On this 13th day of August.2001.personaly appeared STEVEN A.GAtNES,to me known to be the President of the coguation that executed the foregoing Limited Power of Attorney aidzknow’edged sad Limited Power ciAttorney to be the (tee aid vebntay ect aid deed of sad corporabon,to,the uses aid purposes therein mentioned,aid on oath stated that ha is aithonzed toeaecutethesadLimitedPoirerofAttorney. III WiTNESS WHEREOF.have hereunto set my haid aid affixed my effidal seat the day aid tea fast tw written.:6>.-tan .$ —PUBtC 5 blotay Pubic in aid for the St’te of bhngton,residing at Seelth \\The undersigned,acting under authaty.ojthe Bead of DEectors of CONTRACTORS BOND1fiG AND INSURANCE COMPANY,hereby rettaes,as in leo of Certificate ci the Setsy ciCOUTRACTORSBONDINGMIDgJSURAIICECOMPANY,that the .rine aid tcseg,g is a ut tone aid wct copy ci the Original Power of Ararey issued by sad Cowpany.ad does herebyfisthasifythatthesadPowerofAttorneyissf1inkiteaideffect. GNEttunderrnyhaidal Seattle,WA ________________________________________ PoaVEOI.03-5031301 C(Limited Power of Attorney -0 mis 28th dayot Oprember .20 fli