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HomeMy WebLinkAboutS_Sensitive_Area_Restoration_Bond_578570S_LUA08-127\ror’.-’tmbec.i7yj TRANSMITTAL OF FINANCIAL INSTRUMENT ( TO FINANCE DEPARTMENT February 17,2009 TYPE OF INSTRUMENT:Surety Bond 1.Project Name:Woodberry Lane —Petro Vista Nat,L02P0012, LUA 08-127,PLR 27-3476 jcZ5-8E.Peiovisky i4 2.Applicant:K-Best Construction 3.Dollar Amount:$20,398,Indemnity Company of California, Bond Number 578570S,Agreement Number A04BN493 4.Purpose:Sensitive Area Restoration Agreement 5.Required by:Development Services (Former King County) 6.Staff Contact/Phone:Amber Hoffman,Ext.7262 Laureen Nicolay Ext 7294 7.Notify Staff by: ________________________________________ 8.Expiration Date:3/5/12 9 Key words for indexing:Petro,Woodberry,L02P0012,A04BN493,LUA 08-127 Please transmit only one (1)instrument per sheet. For releases,please provide a memo requesting release.Attach a copy of the transmittal sheet to facilitate locating the instrument.Please allow five (5)working days for release of an instrument.If you need it sooner,please specify on your memorandum how quickly you need the release. C:\Docurnents and Settings\aholThian\My Documents\AMBER\Assignment of Funds\AOF Form.doc 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 King 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. 0 Page 2 of 2 K Bett Construction,Inc. Signature Date %i Title MJiling Address P.0.Box 1790 Snohomish,WA 98291—1790 425—238—9831 Phone Number Indemnity Company of Calirnia Signatu,e :‘bi1te t”)n’44’.Me7A/%02/26/07 Tftlç V Attorney1ñ—Fact/) Mailing Address 9750 Third Ave NE,Ste 305 Seattle,WA 98115—2022 206—525—8201 Phone Number HELEN D.ELLISON STATE OF WASHINGTON NOTARY —--PUBLIC LMY Commission Expires 12-3-2009 SURETY.doc (10/99) financial Guarantee Activity Number:_________ A.043N49$ 0 PRINCIPAL:SURETY: PLEASE ATTACH A POWER OF ATTORNEY FOR SURETY AND COMPLETE THE FOLLOWING FOR THE PRINCiPAL State of Washington,County of King I certify that I know or have seen satisfactory evidence that ,k’/XL_-1_7 signed this instrument and acknowledges it to be his/her free and voluntary act for the uses and purposes mentioned in this instrument. (Notary Seal or Stamp for Principal)Dated:—-?-(2 7 Signature of Notary Public:£ Title: ___________________ My appointment expires:/c1 L POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY Of CALIFORNIA P0 BOX 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***Jerald C.Meartz*** as their true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,andalloftheactsofsaidAttorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power ofAttorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors ofDEVELOPERSSURETYANDINDEMNITYCOMPANYandINDEMNITYCOMPANYOFCALIFORNIA,effective as ofNovember 1,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each ofthem hereby is,authorized toexecutePowersofAttorney,qualiiing the attorney(s)named in the Powers ofAttorney to execute,on behalfof the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power ofAttorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power ofAttorney or to any certificate relating thereto byfacsimile,and any such Power ofAttorney or certificate bearing such facsimile signatures shall he valid and binding upon the corporation when so affixed and inthefuturewithrespecttoanybond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1st day ofDecember,2005. By:_________________________________________ David H.Rhodes,Executive Vice-President By:___ Walter A.Crowell,Secretary STATE OF CALIFORNIA COUNTY OF ORANGE On December 1,2005 before me,Gina L.Gamer,(here insert name and title of the officer),personally appeared David H.Rhodes and Walter A.Crowell,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 andacknowledgedtomethathe/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 behalfof which the person(s)acted,executed the instrument. WITNESS my hand and official seal.e GINA L.GARNER COMM.#1569561 Signature_____________________________(SEAL)NOTARY PUBUC CAUFORMA My comm.expires May 13,2009 1...IJ 4,.r-I_f 7.CERTIFICATE The undersigned,as Assistant Secretary,ofDEVELOPERS SURETYAND INDEMNITYCOMPANY and INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power ofAttorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions oftherespectiveBoardsofDirectorsofsaidcorporationssetforthinthePowerofAttorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the (fay of , ___________ By____ Albert Hillebrand,Assistant Secretary ID-l3$0 (Rev.12/05) Carrie Olson From:Carrie Olson Sent:Wednesday,January 12,2011 1:32 PM To:Laureen M.Nicolay Subject:RE:Bond Info for Petro Vista Plat AKA Woodberry Lane Plat AKA K-Best Construction AKA -- A07BN037 and A04BN493 Thanks.I’ll attach these comments to the original bond for our use. Carr(e X.Oloni Engineering Specialist Community &Economic Development Dept. 1055 South Grady Way Renton WA 98057 colson@rentonwa.gov 425-430-7235 Office 425-430-7300 FAX -I From:Laureen M.Nicolay Sent:Wednesday,January 12,2011 12:55 PM To:Carrie Olson Subject:RE:Bond Info for Petro Vista Plat AKA Woodberry Lane Plat AKA K-Best Construction AKA --A07BN037 and A04BN493 Thanks!Doubtful even then as there are no monitoring reports as of yet and we need five years (minimum)of successful monitoring Laree-s’NIa1oy,Seor Plovivte City of Renton Planning Division 1055 S.Grady Way Renton,WA 98057 (425)430-7294 phone (425)430-7231 fax lnicolayrentonwa.gov From:Carrie Olson Sent:Wednesday,January 12,2011 11:44 AM To:Laureen M.Nicolay Subject:RE:Bond Info for Petro Vista Plat AKA Woodberry Lane Plat AKA K-Best Construction AKA --A078N037 and A04BN493 Hi Laureen,The $20,398 Sensitive Area bond has not been released and should not be released until 2012. CcLrrie,K.OLn’ Engineering Specialist Community &Economic Development Dept. 1 1055 South Grady Way Renton WA 98057 colson@rentonwa.gov 425-430-7235 Office 425-430-7300 FAX - From:Laureen M.Nicolay Sent:Wednesday,January 12,2011 10:57 AM To:Carrie Olson Subject:Bond Info for Petro Vista Plat AKA Woodberry Lane Plat AKA K-Best Construction AKA --A07BN037 and A04BN493 Hi Carrie, Have we already released the bonds for this project?I show we had two:$20,398 for wetlands and $7,129 for street trees. City file numbers are PLR 27-3476 and LUAO8-127 Thanks for checking Lwee,v’i N Ccoy,Se-nCor PLcs’wter City of Renton Planning Division 1055 S.Grady Way Renton,WA 98057 (425)430-7294 phone (425)430-7231 fax lnicolay@rentonwa.gov 2 Denis Law Mayor January 25,2011 Mr.Karl Best do Best Construction Inc. PD Box 1790 Snohomish,WA 98291 RE:Sensitive Area Mitigation Monitoring Reports for Petro Vista AKA Woodberry Lane Plat— King County Financial Activity Number A04BN493 —L05G108$and City of Renton File No. LUAO8-127 Dear Mr.Best: This is a reminder that the Sensitive Area Mitigation financial guarantee associated with King County permit L05G1088 requires a minimum of 5 years of successful monitoring.This property was annexed into the City limits in March of 2008,so future monitoring reports should be submitted to the City of Renton.The County has also transferred K Best’s $20,398 financial guarantee to the City. King County records show that the annual monitoring report for 2006 was not received.No records of this or any subsequent reports were sent to the City.These annual reports are crucial information to track and ensure that your mitigation monitoring project remains in compliance and continues to progress toward final release.If you have prepared and submitted any reports,we did not receive them. Please submit two copies any annual reports already prepared to Rocale Timmons in our Planning Section at the mailing address listed above within the next 30 days.If no reports have yet been prepared,please prepare and submit the first annual report to Rocale within 60 days. We encourage you to be thorough in presenting the current site conditions as it relates to the permit conditions and standards of success (i.e.,percent survival,cover of planted plants, invasive species percent cover,maintenance,site description,etc.). rU 1te.Y I Department of Community and Economic Development Alex Pietsch,Administrator Renton City Hall •1055 South Grady Way •Renton,Washington 98057 •rentonwa.gov Stacy Tucker From:Stacy Tucker Sent:Tuesday,June 24,2014 9:00 AM To:Laureen M.Nicolay Cc:Vanessa Dolbee Subject:RE:Petro Vista aka Woodberry Lane Plat KC#L05G1088/LUAO8-127 Follow Up Flag:Follow up Flag Status:Flagged Laureen/Vanessa, There is no record of the above project on the wetland tracking list.I have the bond at my desk that Carrie has been holding since we annexed this property into the City.If we don’t have any records of any reports being submitted wouldn’t we request the money be released to the City? (%(((y Y//’ei’ Planning Technician City of Renton CED I Planning Division/Technical Services 1055 South Grady Way 6th Floor I Renton,WA 98057 Phone:(425)430-7282 I Fax:(425)430-7300 I stucker@rentonwa.gov Please consider the environment before printing this email From:Laureen M.Nicolay Sent:Tuesday,June 24,2014 8:51 AM To:Stacy Tucker Cc:Vanessa Dolbee Subject:RE:Petro Vista aka Woodberry Lane Plat KC#L05G1088/LUAO8-127 Thanks for checking into this Stacy.am not holding any bonds at my desk.If any were submitted to the City,Rocale would have them on her tracking list and a copy would be on top of the yellow file.My guess is no reports have been submitted for this one. I would suggest we check the file to see if we sent any letters asking for the reports and,if not,start there before attempting to get the bond $.Maybe see what Vanessa recommends? From:Stacy Tucker Sent:Monday,June 23,2014 5:41 PM To:Laureen M.Nicolay Subject:Petro Vista aka Woodberry Lane Plat KC#LO5GO8B/LUAO8-127 Have we received any monitoring reports for the above referenced project?If not,should we attempt to get the bond released to the City?It would have expired in 2012. 1 Planning Technician City of Renton CED I Planning Division/Technical Services 1055 South Grady Way 6th Floor I Renton,WA 98057 Phone:(425)430-7282 I Fax:(425)430-7300 I stucker@rentonwagy -i -fl[()fl V Please consider the environment before printing this email 2 •ppt)-F,QQAd/--PltOz-VfflI.