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HomeMy WebLinkAboutLUA09-015-Surety • p 'KM Project: ILUA09.015 Address:11 621 7 114TH AVE SE REN Status: RECORDED APPLICAIIT:!LUND,GUY AND FRAN Date: 102/09/2009 Notice: Back Stop '' 2, 14 .7flit/ ; 7111ri11 eiLlgiA[ 17I >4I Screen Fees De_c People Los Special Alerts For LUAO9-015 j File Text A �t� Effective Defat , Parcels A 5-Year$2,417 Sensitive Area Restoration Cash Bond#A06BN191 e4 0 02/16/2009 N Add Nev a y 2-Year$1,000 Landscape/Recreational Equipment surety bond It 579744S. i 102116/2009 N � t� Updata 4 e ( it (t 2`�ear$64.364 Bond and$7,500 cash bond relea ed 4-24.2009 Site/Plan 02116/2009 N t Events 2-Year$1,083 reduced Street Tree Preformance Surety Bond#A07BN252. 02/16/2009 N Delete ',--! .�_- 1-Year$6,436.40 Maint Bond 578555SM, Expires: 4.21.2010. This bond is 10% /1024/2009 N Refresh Work`F love ' Type: [Notice .' Entries marked by�.are currently in effect. £, Text: 2-Year$64,364 Bond and$7,500 cash bond released 4-24-2009.Site/Plan Improvements Surety Bond 4A06BN263 transferred from King County Feb 23,2009. Entered By: E Default LHN User Id: Effective: 2/16/2009 Thru: 12/31/2020 , Entered: Back Ei TwlBer Order Inheritance Options oM �p'' 4 o-_ 1 r Activities Inherit LHN 'PERMITS'P!:is(032-Bit c Licensee:Renton,WA-City Of Serial Number:6098 .t_ - Check Request for'Non Vendor Refund or Reimbursement' , This form is to be used only for one time vendors: Please contact Accounts Payable if you have any questions regarding one time vendors. Check will be included in the next scheduled A/P check run and mailed after Council approval. Check Request Info: . Date of request: . 06-10-2013 • ' Requestor's name: . Requestor's department/division: Requestor's ext. #: Carrie Olson CED/Dev Serv/Plan Review • • • 7235 Payable to: • • • Guy or Frances Lund • Mail address for check: 17844 147th Ave SE, Renton WA 98058 • • Check amount: - Account number(s) to charge: Amount per account#: $2,417.00 650.237.00.00.0000 Special Deposit . • - Reason for refund or reimbursement: ' Lund Short Plat Sensitive Area Wetlands Cash Bond, LUA09-015 '• • Check handling request:' _ ' Please mail check and attached documents directly to payee. Thanks *Approval Signature: Requestor's Department Administrator, Division Director or designee: • Signature: 4- .Y-\* Jennifer Henning - type name of signer on above line . Date: 06-10-2013 , `The person approving this check request must be an authorized signer. • r • • • • • • 1:\PlanReview\COUNTER\BONDRELS\SE_NSTIIVE AREA OR WETLAND MITIGATION MAINTENANCE BONDS RELEASE LETTERS\LUA09-015 Lund Sensitive Arca-Wetland Mitigation Maintenance& Mnnitnrina Cnch Rnnd Renting?'firmWino. F rm Judn 2M17 S r / - / Carrie.Olson }_ From: Carrie Olson Sent: Friday, May 03, 2013 11:34 AM To: Jennifer T. Henning Subject: Request for release of bond for Gary Lund, Lund Short Plat LUA-09-015 Jennifer, The Sensitive Area/Wetland maintenance bond for Lund Short Plat at 16217 114th Ave SE expired Sept 13, 2012. Is it okay to release this Cash Bond of$2,417. Motivation determines what you do. Attitude determines how well you do it. Lou Holtz Cwcri� ,.0` ,•; i Engineering Specialist Community & Economic Development Dept. 1055 South Grady Way Renton WA 98057 colsonCtrentonwa.gov 425-430-7235 Office 425-430-7300 FAX '' '''' ' fie&me:s- P , G_ m y X�/I-„, / 71/ W / 77 6 g(? , ,, ji '?'2"7i al 47,, ,5_ x?0 ,/53 , /4/ s re / ��5--- ./.9`" /97(3 , , , Z7-25- fi-.' C e// r 3 -p2-0`3 Denis Law City Ofill �Y Mayor r ; i+h) iv^ , 0 a F;ts> Ammo - N`r Department of Community and Economic Development April 5,2011 Alex Pietsch,Administrator Guy Lund 17844 147th Ave S.E. Renton WA 98058 SUBJECT: RELEASE OF SURETY BOND#579744S FOR THE LUND SHORT PLAT KING COUNTY#'S: L04S0037/A06BN233 CITY OF RENTON# LUA09-015 The City of Renton, Community and Economic Development Department as the successor jurisdiction through the annexation of the Benson Hill property hereby releases the Landscape/Recreational Equipment Performance Surety Bond for$1,000.00. Thanks. If you have any questions,please contact me at(425)430-7235. Sincerely, ‘ JC4szt-1/l Carrie K. Olson Development Services, Plan Review Enclosure: Original Bond Cc: Bond File Dan Bouc,Attorney Indemnity Company of California 9750 Third Ave NE, Suite 305 Seattle WA 98115 206-525-8201 I:\planreview\counter\bondrles\maint.bnd\L04S0037/cko Renton City Hall • 1055 South Grady Way • Renton,Washington 98057 • rentonwa.gov .,0032,/?33 • BOND RIDER • i INDEMNITY COMPANY OF CALIFORNA 9750—3rd AVENUE NE, SUITE 305, SEATTLE,WA 98115 DATE OF NOTICE BOND NUMBER TYPE OF BOND DDES FILE NUMBER 12/22/2008 579744S Landscaping Bond L04S0037 Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements, or warranties of the above mentioned bond, other than stated below. OBLIGEE: King County DDES oLD �IL� Attn,-Stacy Graves D 900 Oakesdale Avenue SW DEC 2 4 2008 -17 Renton, WA 98055-1219 KING COUNT( FGMU Gentlemen: This Rider is to be attached to and form a part of the above captioned bond effective 12/18/2006. This Rider is on behalf of: Guy Lund It is understood and agreed, effective from above date, that: l The bond amount is decreased from :Sixteen Thousand Six Hundred Twenty and 00/100ths ($16,620.00) Dollars to One Thousand and 00/100ths ($1,000.00) Dollars and bond is converted from a performance to a maintenance guarantee per King County letter dated December 18, 2008. Provided, however, that the liability of the company under the attached bond as changed by this order shall not be cumulative. Signed this December 22, 2008 By �. Ja W. Murphree,Attorney-in-Fact PRODUCER: Soundview Insurance Agency, Inc. Attn: Patty Allen PO Box 6249 Lynnwood, WA 98036 • . . ,. POWER OFATTORNEY FOR • • DEVELOPERS SURETY AND INDEMNITY COMPANY . ' INDEMNITY COMPANY OF CALIFORNIA PO 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; ' • - **fake:W. Murphree, Karen L. Staffanson, Dan Bouc, jointly or severally*** - as their true and lawful.Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said coporations,as sureties,bonds,undertakings and-contraetrof-suretyship-giving-and-eranting-hnorsaid-Attorne-y(-0-in-Fact-full-power and-authority-to-do-and to-perfonrrevery-act-necesstry7requisite-orTropet to be done in connection therewith as each ofsaid corporations could do,butrescrving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorneys)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. . This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November I,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is.authorized to ' execute Powers of Attorney,qualifying the aitorney(s)named in the Powers of Attorney to execute,on behalf of 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 of Attorney: • RESOLVED,FURTHER,that the signatures'ofsuch officers may he affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,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 Ist day of December, 2005. • By: .�',`ANp",, AN David H.Rhodes,Executive Vice-President •- :.:co 0R, "OF ,. (c--;"\.p P O�� a rt OCT.hi:17_ , :<: z — OCT.5 o r By: A : ;%j, , 1936 Si,' o 0, 2 Walter A.Crowell,Secretary • '.;�7 /owp,.,.•,.al y 2� �/FOAL\ ?' f STATE OF CALIFORNIA • COUNTY OF ORANGE .1 • On December 1,2005 before me,Gina L.Gamer, Notary Public(here insert nanie 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 names)is/are subscribed to the within • instrument and acknowledged to me that he/shehhey 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. • •• -•"""' GINA L..GARNER - • N= COMM..# 1569561 . th Signature (SEAL) g -` Jx=� NOTARY PUBLIC CALIFORNIA N • 3 ``£ � ORANGE COUNTY • • I Nty-comm,ex_pires_May 13,2009 L 6ERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power ofAttomey remains in full force and has ncit been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. • (� This Certificate is executed in the City of Irvine,California.the N4' day of D2�cnP�r.�L.'� . 0 . By /// 4/AA • Albert Hillebrand, Assistant Secretary ' • 1 D-1380(Rev. 12/05)'• • - • i . • • 10. AG,, .��ENY.TO IN$fAL • REC' E'AT1ION EQUIPMENT:&lo`ri;;:''.= King County Department of Development :INST 'LL'&.MAINTAIN :' ,.' and Environmental Services `LANDS.CA,RIN GFOR A SU'BDIVISION'' 900 Oakesdale Avenue Southwest si«,1,,.,,,,. ....,..., , ...._.,._.. . aj 'i . Renton,WA 98057-5212 APPLICANT'S Name APPLICANT'S Address Lle`r/ed 17 0/ liy ,.Ivy �4nJ7 AJ ��Qss'� ACTIVITY Number ( !of Project Number and Name A06BN233 t L04S0037—Lund Short Plat Guarantee Amount Site Location/Section $16410t11 Parcel 0088000170 , This AGREEMENT is made and entered into this day of S ,2abetwe n the King County Departns'nt of Development and Environmental Services(or its successor agency),hereinafter called the COUNTY,and the above name APPLICANT,hereinafter called APPLICANT. Basis for AGREEMENT: WHEREAS the undersigned APPLICANT wishes to develop the above-referenced project,and WHEREAS the County will grant final plat approval upon agreement by the APPLICANT to,among other project requirements,comply with all terms of this AGREEMENT; • NOW THEREFORE,the APPLICANT hereby agrees and binds itself and it's legal representatives,succ ssors,and assigns,as follows: Terms of the AGREEMENT: I. Prior to recording of the subdivision,the APPLICANT shall provide the COUNTY with a financial guar tee in the amount and in a form approved by the COUNTY in order to secure the Applicant's compliance with terms of this AGREEMENT. Landscaping Only:The financial guarantee shall be required for a minimum period of two years after the COUNTY has inspected and approved the installation of the required landscaping. This time period may be extended by up to one year,if necessary,to cover a planting and growing season. 2. The APPLICANT shall,within TWO YEARS of the final plat approval(recording),complete the install tion of all required recreation equipment and/or landscaping in full compliance with the approved recreation and/or landscapedevelopment plans,includiicig any approved amendments thereto. 3., The APPLICANT is responsible for the proper establishment and maintenance of the landscaping. A�dlIditionally,the landscaping shall successfully grow and remain attractive,free of weeds and defects in workmanship and materials for a minimum period of two years from the date of satisfactory installation,as determined by the COUNTY. The APPLICANT shall prune and trim all landscaping t maintain:a healthy growing condition or to prevent primary limb failure,'remove all trash from the landscape areas,and replace all dead,diseased damaged or stolen trees within three months or during the next planting season if the loss does not occur in a planting season. 4. In the event of any failure of the landscaping to satisfactorily grow or in the event of a defect in wor anship or materials of the recreation equipment and/or landscaping,the APPLICANT or guarantor shall promptly and adequately repair,replace,and/ r correct the failure or defect. 5. The APPLICANT shall complete the installation of all recreation equipment and/or landscaping with du diligence. The COUNTY may extend the time limit for compliance up to six months when the COUNTY has determined that circumstances beyond th control of the APPLICANT warrant an extension. 6. The APPLICANT shall notify the COUNTY in writing when all landscaping is implemented in accords ce with the approved plans and specifications. 7. The COUNTY must approve(in writing)any APPLICANT proposed change of work from the approve plans prior to the APPLICANT beginning such work. 8. The APPLICANT shall fulfill all other requirements of King County Code 21A,and adopted ordinances in connection with landscaping improvements, even if these requirements are not set forth specifically in this AGREEMENT. 9. The APPLICANT shall reimburse the COUNTY for all-actual direct and indirect costs necessitated by t is AGREEMENT including but not limited to • plan review and inspection fees pursuant to Title 27A of the King County Code and corrective work or abatement. 10. The APPLICANT hereby grants to the COUNTY the right to enter and inspect the project site and,in thl event of any failure to comply with terms of this AGREEMENT,to implement such corrective measures as the COUNTY deems necessary. 11. 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 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 representati\e(s). 12. The APPLICANT shall indemnify 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 pert rmance 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 of the • County's agents,employees and/or officers. 13. '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. 14. It is the APPLICANT'S responsibility to notify King County of any change in address,phone number or change of ownership of property. It is the APPLICANT'S responsibility to arrange for replacement of any/all financial guarantees prior to the time that a change of ownership occurs. The Applicant,as indicated in this AGREEMENT,shall remain responsible for all terms of the agreement until such time as a new owner shall replace the financial guarantees and complete any other documents as required by the County. RELEASE REQUIREMENTS:This AGREEMENT shall remain in effect and the associated financi guarantee shall not be released until all terms of this AGREEMENT have been completed to the satisfaction of the COUNTY. • IN WITNESS THEREOF,the parties hereto.have executed this AGREEMENT as of the day and year first abo a written. • • APPLIC �� • By /, fttldifYL4 7D‘t/eYi /per/� a .0 13 7 Recei ed'Ior the COUN by Date lend mbo lusd doe 4/74Po2 • o : 4 >1, bu'RETY BON!_ King County ;..t-7� Department of Development and Environmental Services ;;:.: 's 900 Oakesdale Avenue SW Renton,WA 98055-1219 • Financial Guarantee Activity No. A06BN233 Bond No. 5797445 ►/ Name of Project Lund Short Plat Location/Address of Project Parcel 0088000170 1) l • Bond Project No. L04S0037 Amount $ ,620 We Guy Lund ,as Principal and Indemni.y Company of California a corporation organized and existing under and by virtue of the laws of the State of California 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 Sixteen Thousand,six hundred twenty and 0/100 dollars for the payment of which we firmly bind ourselves,and our legal representatives,successors and assi s,jointly and severally. THE CONDITION OF OBLIGATION is that: 1. The Principal,as Applicant,has executed an"Agreement"entitled"A reement to Install Recreation E ui ment and/or Install&Maintain Landscaping for a Subdivision",a copy of which s attached hereto and incorporated herein by this reference. 2. Under the provisions of the Agreement,the Principal is required to furnish a gu. antee 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 sayment 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 to inated or cancelled by the Principal or Surety for any reason. 2. The obligation of the Surety shall not be discharged or affected by any extensio of time for the Principal's performance of this Agreement or by any amendment of the engineering plans u ed for construction of the project. The Surety hereby waives notice of any such extension or amendment. The obli ation 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 su ,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 dhallenged or otherwise disputed by the Principal or Surety. Any funds provided by the Surety in excess of that expe ded to remedy noncompliance with the Agreement will be returned to the Surety upon completion of the remedial w rk and payment of outstanding fees. 4. In the event that this project becomes part of an incorporated area,King County ay transfer its rights and obligations under this Surety Bond and the associated Agreement to any success r jurisdiction without notice to the • Surety or Principal. The rights and obligations under this Surety Bond are for exclusive benefit of King County. Except as otherwise expressly provided herein,the rights and obligations of Kink County under this Surety Bond may not be assigned,hypothecated or transferred for any purpose. 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 responsibilitito arrange for replacement of any/all financial guarantees prior to the time that a change of ownership occurs. The PRINCIPA shall remain responsible for all terms of the agreement until such time as a new owner shall replace the financial guarantees and complete any other documents as required by the County. • Page 1 of 2 Page 2 of 2 PRINCIPAL: Guy L d SURETY: Indem ity Company of California .u.� �,J 4%> 3t I 07' Signature Date Signature Dan Bouc Date (/ //e fe.._, Attorney-in- act Title / �` Title ' 4/7 /y ) &-/�C�C J.: 6 9750 Third Ave NE, Suite 305 Mailing Address Mailing Address Re`i i(2 ',9 qeOS O Seattle, WA 98115 VAS—‘730 -45-3C. 206-525-8201 Phone Number Phone Number • 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 Guyy hIJ , signed this instrument and acknowledges it to be his/her free and voltintary act for the uses and purposes . mentioned in this instrument. Jr (Notary Seal or Stamp for Principal) Dated: 9/IQ/9,00E3 Signature of Notary Public: 64.31.4w Lft< `i' 1-Q li- tcy K. NF_LSON-BLY CJ 'NARY PUBLIC , Title: • . ,-it ^T ATC OF WASHINGTON '� • My appointment expires: 410 , k,o COMMISSION EXPIRES t P • 4 yAPRIL 10,2008 • Financial G arantee Activity Number: SURETY.doc(10/99) , • • • POWER OF ATTORNEY FOR • DEVELOPERS SURETY AND INDEMNITY COMPANY • INDEMNITY COMPANY OF CALIFORNIA PO 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: • • *5*Jake W. Murphree, Karen L. Staffanson, Dan Bouc, April Conover, Elliott W. Wolffe, jointly or severally*** 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_oiying and wanting unto said Attorney_(,-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,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. • This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000:. RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation he,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of 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 of Attorney; • , RESOLVED.FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,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 clay of December, 2005. • David H.Rhodes,Executive Vice-President ,,�� ••�N,, M 0 By: AND 4ANy ;yJ GO030RgTO<*y� SAG 0 -9 9 C ?ae `.a5 Fad OCT. s<? Z OCT.5 r 11. 10 c 0 W 1967 By: ;cj% 1936 3 o O �.a� Walter A.Crowell,Secretary So'� ,/OWp_•,*4/ 2i �</FOPS\ • ,• STATE OF CALIFORNIA • COUNTY OF ORANGE: On December I,2005 before me,Gina L.Garner, Notary Public(here insert name and title of the officer), personally appealed 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 and acknowledged tco me that he/she/they executed the same in his/her/their authorized capacity(ics),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. * *� 1E •,,.�, GINA L.GARNER • • "' : ; COMM.# 1569561 Signature (SEAL) i�c: a NO • TARY PUBLIC CALIFORNIA D 3 ` 19'� ORANGE COUNTY I • My corntn.expires May U,2009 L • CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY'and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full three and has not been revoked,and furthermorc,-that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,th3k,s+ day of • • • 441-64 By • Albert Hiillebrattd, Assistant Secretary ID-1380(Rev. 12/05) r • 11:41 King County Department of Development and Environmental Services 900 Oakesdale Avenue Southwest Renton,WA 98057-5212 206-296-6600 TTY 206-296-7217 www.kingcounty.gov December 18, 2008 Guy Lund gcrL24. 17844— 147th Avenue SE Renton, WA 98058 ? — ..5) RE: Landscape Financial Guarantee Reduction DDES File Number: L04S0037 Project Title: Lund Short Plat Dear Mr. Lund: The compliance landscape installation inspection for the above-referenced project was completed. Based on this inspection, it has been determined that the landscaping has now been installed per the approved landscape plans and King County Zoning Code 21.51.070. Therefore, we are reducing the following performance financial guarantee: Landscape Performance surety bond, number 579744S, in the amount of$16,620, issued by Indemnity Company of California to Guy Lund, DDES activity number A06BN233. By copy of this letter, King County hereby requests your surety company to issue a rider reducing the bond amount from $16,620 to $1,000 and changing it from a performance guarantee to a maintenance guarantee. The remaining balance of$1,000 will be held as a two year maintenance financial guarantee After the landscaping has been maintained for two years, we will perform a landscape maintenance inspection. If the landscaping has been successfully maintained for the two-year period, we will process the release of your landscape maintenance financial guarantee. If you have any questions regarding this reduction, please contact the Finance billing hotline at 206-296-6659 or email fgmu.ddes(a�kingcounty.qov Sincerel 4.44.'0130 J Finance Mana+:r cc: Indemnity Company of California Jody Conyers, Project Manager, DDES Land Use Inspection Section Financial Guarantee File ... di. di. King County SUBDIVISION, SHORT SUBDIVISION AND PLANNED UNIT DEVELOPMENT Department of Development and Environmental Services Landscaping and/or 900 Oakesdale Avenue Southwest Renton, WA 98057-5212 Recreational Equipment 206-296-6600 TlY 206-296-7217 INSTALLATION P PROVAL www.metrokc.gov lC 1 ® 2008 3 - Within the City of: Renton KIN FGMU��' Landscaping a Recreational Equipment Project Name: Lund Short Plat Project No: L04S0037 Address : 16217 - 114th Ave. SE Landscaping Inspect Activity No. : L06SI164 On 10/29/2008 it was determined that the landscaping and/or recreational equipment required for the project listed above have been installed. The minimum 2 year maintenance penf2. /i4Z d folandscaping only, as required by King County Code, shall commence on IL PERFORMANCE FINANCIAL GUARANTEE INFORMATION If you have questions concerning the status of the following financial guarantee(s) , please contact the Financial Guarantee Management Unit at 206-296-6659. Posted Type Amount Financial Guarantee Activity No. Landscaping \ $ * Financial Guarantee Activity No. A06BN233 Recreation Equip $ 16,620.00 *If landscape financial guarantee(s) includes amount for recreational equipment and/or trail, landscape only portion is $ I00C2,tc . KING COUNTY REPRESENTATIVE Inspector: Mike Meins,/sate: 11/25/2008 Eng. III Initials: A` Date: ki f/( glib DEVELOPER REPRESENTATIVE Name: Guy Lund Street: 17844 — 147th Ave. SE City: Renton State: WA Zip: 98058 Original: Developer Copy 1: FGMU Copy 2: File Copy 3: Inspector Landscape Rec Equip Install Aprvl form revised 05252007 Carrie Olson From: Jennifer T. Henning Sent: Wednesday, March 30, 2011 3:50 PM To: Carrie Olson; Jan Illian Subject: RE: Request for release of bonds for Guy Lund - Lund Short Plat- Bond Nos. 578555SM, 579743S & 579744S I have inspected the Guy Lund Short Plat and agree that the tree maintenance and landscape maintenance bonds can be released. The wetland maintenance bond is not ready for release yet. From: Carrie Olson Sent: Thursday, March 24, 2011 11:32 AM To: Jan Illian; Jennifer T. Henning Subject: FW: Request for release of bonds for Guy Lund - Lund Short Plat- Bond Nos. 578555SM, 579743S &579744S Here are the bonds in question. See links above. Carrie/K.04cm/ Engineering Specialist Community & Economic Development Dept. 1055 South Grady Way Renton WA 98057 colson@rentonwa.gov 425-430-7235 Office 425-430-7300 FAX From: Carrie Olson Sent: Monday, February 28, 2011 12:03 PM To: Jan Illian; Jennifer T. Henning Cc: 'Jake Murphree' Subject: Request for release of bonds for Guy Lund - Lund Short Plat- Bond Nos. 578555SM, 579743S &579744S Can the following bonds be released? Jan, I have received a request to release the following bonds. 1-Year$6,436.40 Maint Bond 578555SM, Expires: April 24, 2010. 2-Year$1,000 Landscape/Recreational Equipment Surety Bond#579744S. Expires: Dec 18, 2010. Jennifer, I have received a request to release this bond. 2-Year$1,083 Street Tree Performance Surety Bond#5797435;#A07BN252. Expires: Dec 18, 2010. The sensitive area bond does not expire until Sept 13, 2012. Carrier K.OLsc w Engineering Specialist Community & Economic Development Dept. 1055 South Grady Way Renton WA 98057 1 Denis Law y City of:-� Y o Mayor .t7v, C' Department of Community and Economic Development April 5,2011 Alex Pietsch,Administrator Guy Lund 17844 147th Ave S.E. Renton WA 98058 SUBJECT: RELEASE OF SURETY BOND#579743S FOR THE LUND SHORT PLAT KING COUNTY#'S: L04S0037/A07BN252 CITY OF RENTON# LUA09-015 The City of Renton, Community and Economic Development Department as the successor jurisdiction through the annexation of the Benson Hill property hereby releases the Street Trees Performance Surety Bond for$1,083.00. The Bond number is. Thanks. If you have any questions,please contact me at(425)430-7235. Sincerely, (26adrY\ Carrie K. Olson Development Services,Plan Review Enclosure: Original Bond Cc: Bond File Dan Bouc,Attorney Indemnity Company of California 9750 Third Ave NE, Suite 305 Seattle WA 98115 206-525-8201 I:\planreview\counter\bondrles\maint.bnd\L04S003 7/cko Renton City Hall • 1055 South Grady Way • Renton,Washington 98057 • rentonwa.gov —kID RIDER LUyS.&37 7/.!'✓o��� INDEMNITY COMPANY OF CALIFORNIA • 9750-3rd AVENUE NE,SUITE 305,SEATTLE,WA 98115 DATE OF NOTICE BOND NUMBER TYPE OF BOND DDES FILE NUMBER 12/22/2008 579743S Street Tree Bond L04S0037 Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements, or warranties of the above mentioned bond, other than stated belo . nn OBLIGEE: KingCountyDDES �lgO(/ rr � C �D Attn: Stacy Graves ' C 24 • 900 Oakesdale Avenue SW Kllyo <008 Renton, WA 98055-1219 Folou 1Vry Gentlemen: This Rider is to be attached to and form a part of the above captioned bond effective 12/18/2006. This Rider is on behalf of: Guy Lund It is understood and agreed, effective from above date, that: The bond amount is decreased from Three Thousand Six Hundred Twelve and 00/100ths($3,612.00) Dollars to One Thousand Eighty Three and 00/100ths ($1,083.00) Dollars and bond is converted from a performance to a maintenance guarantee per King County letter dated December 18,2008. Provided, however, that the liability of the company under the attached bond as changed by this order shall not be cumulative. Signed this December 22, 2008 By /cW yalCe W.Murphree,Attorney-in-Fact • PRODUCER: Soundview Insurance Agency, Inc. Attn: Patty Allen PO Box 6249 Lynnwood, WA 98036 • • v • . • • • POWER OF ATTORNEY FOR •- DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO 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 ouch,hereby make.constitute and appoint: ***Jake.W. Murphree, Karen L. Staffanson, Dan Bouc,jointly or severally*** • as their true and lawful Attorney(sl-in-Fuel,to make,execute.deliver and acknowledge,for and on behalf of said corporations,us sureties,bonds,undertakings ' and contracts of suretyship giving and granting unto said Attorney(s)-in-Face full power and authority to do and to perform every act necessary.requisite or proper r lobe done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and I . all of the acts of said Attomey(sl;in-Fact.pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of • • DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is.authorized to execute Powers ofAttomey,qualifying the attorney(s)named in the Powers ofAttomey to execute,out behalf of the corporations,bonds,undertakings and contracts I 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 of Attorney: RESOLVED.FURTHER,that the signatures'of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon.the corporation when so affixed and in the future with respect to any bond,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 Ist day of December,2005. By: • Y+AN0/ PAN y David H.Rhodes,Executive Vice-President J�E�,..,Po••.„'I'O�;%,, VO PP OR O,t. y:•V0R R41.'•.4iy? h-1 0p 49 F:.�. co r =w i OCT, < ? OCT.5 T 10 gn: w 7967 By •Walter A.Crowell,Secretary0�. 1 9 3 6 D 02 c'9 xa�Q.a _ 'sZ�p•.(.9.WR,.,:*,.4,, [/FOP STATE OF CALIFORNIA 1 COUNTY OF ORANGE On December 1.21105 before me,Gina L.Gamer, Notary Public(here insert nanie and title of the officer), personally appeared David H.Rhodes and " Walter A.Crowell.personally known to me for 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 capucily(ics),and that by his/her/their signuturgsl 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. GINA L.GARNER • •• a = COMM.#1569561 • Signature �' (SEAL) ter? NOTARY PUBLIC CALIFORNIA 3 i`�1_!If ORANGE COUNTY 1 _—My_comet,expires hfay 3,20f19 dERTIFICATb; - ---- — --- The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attonrey,are in force as of the date of this Certificate. - • This Certificate is executed in the City of Irvine,California.the , "°day of DR-<¢.^^' � , fl 6 .. -1/f_,/� By / �aZ�f�CN/� AlbertHillebrund,Assistant Secretary ID-1380(Rev.12/05) r Check Request for Non Vendor Refund or Reimbursement This form is to be used only for one time vendors. Please contact Accounts Payable if you have any questions regarding one time vendors. Check will be included in the next scheduled A/P check run and mailed after Council approval. Check Request Info: Date of request: 04-24-09 Requestor's name: Requestor's department/division: Requestor's ext. #: Carrie Olson CED/Dev Serv/Plan Review 7235 Payable to: Guy Lund Mail address for check: 17844 147th Ave SE, Renton WA 98058 Check amount: Account number(s) to charge: Amount per account #: $7,500 650.237.00.00.0000 Special Deposit Reason for refund or reimbursement: Refund of cash bond for R/W work under Project # LUA09-015, Lund SHPL, Receipt No. R0900791 Check handling request: Please mail check and attached documents directly to payee. Thanks *Approval Signature: Requestor's Department Administrator, Division Director or designee: Signature: Kayren Kittrick type name of signer on above line Date: 04-24-09 *The person approving this check request must be an authorized signer. I:\PlanReview\COUNTER\BONDRELS\MAINTBND\LO4S0037 (A06BN263)Lund SHPL$7,500 Cash Bond Refund-Request for Claims Form-Benson Hill Annexation from King County.docOnline Typeable Form,July 2007 i.. •, q 3 ✓{ SPECIAL DEPOSIT TRANSMITTA ', «' • • t • q- t3-ao07 PAYEE: Act,/ t".1 .,Y t�. ':'r �.:�" (i li` 1; DATE: RECEIPT#: ' ,n9op i 9 I REFUNDING ADDRESS:S FINANCE REC.#: f e i =t I V f i' t' AMOUNT: $ . U Ci �j WO#: FUNCTION#: CITY. STATE:tr.)fi 1 ZIP:r TYPE OF DEPOSIT: � 1 BUILDING a PROJECT NAME: Lund S hot �' •i IGCf ❑ 90 DAY TEMPORARY OCCUPANCY PERMIT ❑ LANDSCAPING MAINTENANCE ADDRESS LOCATION: I (Q 13. i lie AveSE 0 SIGN DEPOSIT •PERMIT#: L.Lt A 0 r.5 G�j P ❑ STREET CLEANING PUBLIC WORKS . DEPT.CONTACT: { ExTN: 19( 4' !DPW CONSTRUCTION PERMIT SPECIAL DEPOSIT CONDITIONS: PROPERTY SERVICES ❑LATE COMER FEE(To BE RETURNED TO LCS HOLDER) z�r o tV t rd 0 STVAC.(APPRAISAL FEE DUE APPRAISER) {e r 14nr Ci4 br BOARD OF PUBLIC WORKS I a ' <�A...% : .,:r Y ❑BPWDEF(BPW DEFFERAL) (WO#89150 FN#5190 TRANS CODE#7054) 0 OTHER: DMSION.S\DEVELOP.SER\DEV&PLAN.ING\BLDG DEPT.FORMS1MISC.BUILDING DOGS\TEMPLATESISPEC.DEPOSIT • WHITE AND YELLOW TO FINANCE.RETAIN PINK FOR PBPW RECORDS • • • • • . ITY OF RENTON N 1055 S. Grady Way • Renton, WA 98055 Printed: 02-27-2009 Land Use Actions RECEIPT Permit#: LUA09-015 Payment Made: 02/27/2009 11:24 AM Receipt Number: R0900791 Total Payment: 7,500.00 Payee: KING COUNTY#248885 Current Payment Made to the Following Items: Trans Account Code Description Amount 3954 650.237.00.00.0000 Special Deposits 7,500.00 Payments made for this receipt Trans Method Description Amount Payment Check #248885 7,500.00 Account Balances Trans Account Code Description Balance Due 3021 303.000.00.345.85 Park Mitigation Fee .00 3954 650.237.00.00.0000 Special Deposits 2,417.00 5006 000.345.81.00.0002 Annexation Fees .00 5007 000.345.81.00.0003 Appeals/Waivers .00 5008 000.345.81.00.0004 Binding Site/Short Plat .00 5009 000.345.81.00.0006 Conditional Use Fees .00 5010 000.345.81.00.0007 Environmental Review .00 5011 000.345.81.00.0008 Prelim/Tentative Plat .00 5012 000.345.81.00.0009 Final Plat .00 5013 000.345.81.00.0010 PUD .00 5014 000.345.81.00.0011 Grading & Filling Fees .00 5015 000.345.81.00.0012 Lot Line Adjustment .006 5016 000.345.81.00.0013 Mobile Home Parks .00 5017 000.345.81.00.0014 Rezone .00 5018 000.345.81.00.0015 Routine Vegetation Mgmt .00 5019 000.345.81.00.0016 Shoreline Subst Dev .00 5020 000.345.81.00.0017 Site Plan Approval .00 5021 000.345.81.00.0018 Temp Use, Hobbyk, Fence .00 5022 000.345.81.00.0019 Variance Fees .00 5024 000.345.81.00.0024 Conditional Approval Fee .00 5036 000.345.81.00.0005 Comprehensive Plan Amend .00 5909 000.341.60.00.0024 Booklets/EIS/Copies .00 5941 000.341.50.00.0000 Maps (Taxable) .00 5954 650.237.00.00.0000 DO NOT USE - USE 3954 .00 5955 000.05.519.90.42 .1 Postage .00 5998 000.231.70.00.0000 Tax .00 Remaining Balance Due: $2,417.00 'a.. V k_.) _1_11 1 1 '-;. NO. •••• Finance and Businele KEYBANK NATIONAL ASSOCII9 iv' 1 ' Operations D sion SEATTLE,WASHINGTON 98104 DATE WARRANT NO. ARMS Accounts Payable 02-12-09 0248885 401 Fifth Ave.,Room 310 King County Seattle,WA 98104-1818 NOT VALID 1 YEAR FROM ISSUE DATE AMOUNT $37,417.00 PA Y DOLLARS CENTS $37,417 00 '71.644t cUtet- oar otleeneoeoe eV:Vino/neared TO CITY OF RENTON THE 1055 S GRADY WAY ORDER RENTON WA 98057 OF King County Executive II' 21-18813 511' I: 2 5000 5 7 1-0: 0 7 9 5 7E1 311' REMITTANCE ADVICE DATE 02-12-09 WARRANT NO. o248885 PAYEE VOUCHER P.O.NO. INVOICE DISCOUNT AMOUNT CF CITY OF RENTON 888888888 0900397301 Ao7no6o $ .00 $7,500.00 I k_,:\c-- , >1.,_ 0900397302 A08BN159 $.00 $7,500.00 - ,- -, ogoo397303 Ao6m91 $.00 $2,417.00 _ 0900397304 Ao6BN263 $ .00 $7,500.00 0900397305 A07BN 1 74 $.00 $7,500.00 o9oo397306 .„-A06BN417 $.00 $5,000.00 TOTAL $.00 $37,417.00 248885 • C—SOH DEPOSL .TO .KIN:G COUNTY-• King County Department of Development and Environmental Services 900 Oakesdale Avenue SW Renton,WA 98055-1219 Financial Guarantee Activity No. A06BN263 Project No. L04S0037 Name of Project Lund Short Plat Location/Address of Project Parcel 0088000170 Applicant III j A(/A// g", a..u-tom. 9-t/.3- d� �ec; camk g ni KC am -�7-c0 i1 The APPLICANT he eby authorizes that the sum of$7,500.00 be kept on deposit with the King County Office of Finance to secure for King County the APPLICANT'S performance of certain work and payment of fees and other amounts required in connection with the above-referenced project. THE CONDITION OF OBLIGATION is that: I. The APPLICANT has executed an"Agreement"entitled"Agreement to Construct Improvements and Stabilize and/or Restore the Right of Way and/or Site",a copy of which is attached hereto and incorporated herein by this reference. 2. Under the provisions of the Agreement,the APPLICANT is required to furnish a guarantee to secure the APPLICANT'S compliance with the terms of the Agreement. IT IS FURTHER EXPRESSLY PROVIDED that: 1. Until written release of this obligation by King County,this cash financial guarantee may not be terminated or cancelled by the APPLICANT for any reason. 2. The obligation of the APPLICANT shall not be discharged or affected by any amendment of the engineering plans used for construction of the project. 3. Upon failure of the APPLICANT to perform any of the terms of the Agreement,King County may use the funds to complete the work and pay outstanding fees and other amounts. The APPLICANT shall have no duty or right to evaluate the correctness or appropriateness of King County's determination that requirements have not been satisfactorily completed. Any unexpended funds shall be returned to the party designated below upon completion of the terms of the Agreement. 4. The APPLICANT'S obligation to perform the work or pay fees and other amounts is not limited to the amount of this cash deposit. 5. In the event that this project becomes part of an incorporated area,King County may transfer its rights and obligations under this cash financial guarantee and the attached Agreement to any successor jurisdiction without notice to the APPLICANT. I, ,an employee of King County,certify that the above referenced funds have been received by King County. APPLICANT: APPLICANT'S MAILING ADDRESS: Of7 /7 -A/ /Y7 /40c' s. (Signs e) (D te) ?fr.7 / Ge /4 qs)�,( ' G� z 0 ycgo/c53 (Print Na e) APPLICANT'S Phone Number It is the APPLICANT'S responsibility to notify King County of any change in address and telephone number. Upon release of this cash deposit,the funds are to be returned to /;70 G/J/i//4/2 e, S'�G at the following address: `7 (zi/f fe /Bo State of Washington,County of King I certify that I know or have seen satisfactory evidence that (�• L.I,wnct. signed this instrument and acknowledges it to be his/her free and`doluntary act for the uses and purposes mentioned in this instruw uttiligook, a������0 A.�s8..t,,,,,_7*,�f. (Notary Seal or Stamp)���9y� ..fA,�'ti rp's— Dated: F-eIor wj a( I a{7J� i, �OTAgY�� (41.4e, AA(�r !�LGl�Y to- _�, $ _ Signature of Notary Public: p�®��� = Peril c ro d ' g-wAy) (-4- 6). qt, Title: Ml t c i �� 4�f wrts;" \\•` My appointment expires: I C-12- yl aVx)o-J CASHDEP.doc(10/99) ��tt111111t� ` Denis Law Mayor r city Of i �,CY O villosi iNilW t rill ' rt .II - ummifi Department of Community&Economic Development April 24,2009 Mr.Guy Lund 17844 14t Ave SE Renton WA 98058 SUBJECT: RELEASE OF MAINTENANCE BOND FOR R/W&SITE RESTORATION ON LUND SHORT PLAT KING COUNTY#'S: L04S0037/A06BN263/578555S The City of Renton, Community and Economic Development Department, as the successor jurisdiction through the Benson Hill Annexation hereby releases Maintenance Bond#578555S in the amount of$56,864.00. Please notify your surety company of this release. Thanks. If you have any questions,please contact me at(425)430-7235. Sincerely, Oidtg-lt- Kie21/7z,irl/( Carrie K.Olson Development Services,Plan Review Enclosure: Original Bond Cc: Bond File I:\planreview\counter\bondrles\maint.bnd\LO4S0037/cko Renton City Hall • 1055 South Grady Way • Renton,Washington 98057 • rentonwa.gov King County Agreement to Complete Subdivision, Applicant's Name and Address: Short Subdivision or Binding Site 6 / «r/' Plan Improvements /7( '5r /yam `5 - , tA17-0w I9 P&iS' Activity Number: Project Number and Title: A06BN263 L04S0037—Lund Short Plat Guarantee Amount: Site Location: $64,364 (includes$7,500 cash deposit) Parcel 0088000170 Phis AGREEMENT is made and entered into this /374 day of�Lve ,2067between the King County Department of Development and Environmental Services or any successor agency,hereinafter called the 2,OUNTY,and the above named APPLICANT. Basis for AGREEMENT: WHEREAS,the undersigned APPLICANT seeks to record the above named subdivision,short subdivision or binding ;ite plan but has not completed all improvements and conditions;and WHEREAS the COUNTY will allow said subdivision,short subdivision or binding site plan to be recorded upon agreement by the APPLICANT to complete all terms of this.AGREEMENT;and WHEREAS,the APPLICANT has submitted a detailed schedule for completion of the improvements and conditions;and \IOW THEREFORE,the APPLICANT hereby agrees and binds itself and it's legal representatives,successors,and assigns,as follows: Terms of the.AGREEMENT: l. The APPLICANT shall,within two years of recording of the above subdivision,short subdivision or binding ;ite plan,fully complete all approved conditions,including but not limited to construction of all required streets, irainage facilities and other improvements in full compliance with construction plans and profiles and any approved amendments or extensions thereto. Construction shall be in conformance with applicable COUNTY ordinances, ;tandards and specifications,and shall be performed and operate to the satisfaction of the COUNTY. Any changes(from the approved plans)proposed by the APPLICANT must be approved in writing by the �OUNTY prior to beginning such work. 3. The APPLICANT shall fulfill all other requirements of RCW Chapter 58.17,KCC Title 19A,Ordinance 12020,and such other applicable adopted ordinances and standards,even if these requirements are not set forth specifically in this AGREEMENT. 1. The APPLICANT shall perform all construction and maintenance work with due diligence. 5. The APPLICANT shall reimburse the COUNTY for all actual direct and indirect costs necessitated by this kGREEMENT,including but not limited to plan review and inspection fees pursuant to Title 27 of the King County ode and amounts required to implement corrective measures or abatement in accordance with this AGREEMENT. 5. Prior to recording of the subdivision,short subdivision or binding site plan,the APPLICANT has provided he COUNTY with a financial guarantee in the amount and in a form approved by the COUNTY in order to secure )erformance of the terms of this AGREEMENT. The fmancial guarantee shall remain in force and effect until written •elease by the COUNTY. The APPLICANT's obligation to perform work and pay fees or other amounts is not limited o the amount of the associated financial guarantee. 7. The APPLICANT shall notify the COUNTY in writing upon completion of all conditions of this kGREEMENT. Such notice shall request that the COUNTY perform an inspection. 3. The APPLICANT shall furnish to the COUNTY a set of"fmal corrected plans"(photo mylar quality or :quivalent)of all required public facilities when applicable. A06BN263 9. 'Updn completing each of the foregoing terms of this AGREEMENT to the satisfaction of the COUNTY,the APPLICANT shall provide the COUNTY with further financial maintenance and defect guarantees in amounts and forms acceptable to the COUNTY. Such further financial guarantee instruments shall warrant workmanship,materials, design,and successful operation of drainage facility improvements for a minimum period of two years and of all other subdivision improvements for a minimum period of two years as set forth in King County Ordinance,12020,adopted November 16, 1995. In the event that the APPLICANT fails to post such additional financial guarantee instruments,the COUNTY may demand payment on the performance financial guarantee instrument and may utilize such amounts to secure the APPLICANT's maintenance and defect obligations under the King County Code and this AGREEMENT. 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 otherwise affected 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). 11. The APPLICANT shall indemnify 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 this 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. 12. 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. 13. It is the APPLICANT'S responsibility to notify King County of any change in address,phone number,or change of ownership of property. It is the APPLICANT'S responsibility to arrange for replacement of any/all financial guarantees prior to the time that a change of ownership occurs. The Applicant,as indicated in this AGREEMENT,shall remain responsible for all terms of the agreement until such time as a new owner shall replace the financial guarantees and complete any other documents as required by the County. 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 fully completed to the satisfaction of the COUNTY. IN WITNESS THEREOF,the parties hereto have executed this AGREEMENT as of the day and year first above written. APPLIC•NT 041A( /7\ '.(/`37.07 By / Title Date v-, 9�3 47 Rece. ed for the County Date A06BN263 Performance Agreement 5/6/05 . 2 ? ia'�: .,Y� ,'i,. i V . {` Suret, ".B'o.nd R""i`d „ _' King County x`,:'?` :i Department of Development and Environmental Services 900 Oakesdale Avenue SW ° : __..._y u_... Renton,WA 9 8 055-1 2 1 9 Date of Notice Bond Number Type of Bond _./3. 7 578555S Right of Way and Site Restoration Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements, or warranties of the above mentioned bond, other than as expressly stated below. OBLIGEE: King County Department of Development and Environmental Services 900 Oakesdale Avenue SW Renton, WA 98055-1219 This Rider is to be attached to and form a part of the above captioned bond effective (date) February 21,2007. This Rider is on behalf of(name of applicant) Guy and Frances Lund and in favor of the Obligee stated above in consideration of the premium charges. • It is understood and agreed, effective from (date) September 12, 2007 , that the above . mentioned bond is hereby amended in part as follows: The bond shall additionally guarantee terms, conditions, agreements,warranties and obligations set forth in the attached AGREEMENT TO COMPLETE SUBDIVISION, SHORT SUBDIVISION OR BINDING SITE PLAN IMPROVEMENTS dated September 12, 2007. This bond is hereby decreased by(bond rider$amount) $76,460 . This bond shall now decrease from (original amount) $133,324 to (new amount) $56,864 . Principal Signature: p2j . Ziff. Date: �l '3r o 7 State of Washington, County of King I certify that I know or have seen satisfactory evidence that iu\.! Litt c i signed this instrument and acknowledges it to be his/her free and voltantary act for the uses and purposes mentioned in this instrument. . (Notary Seal or StamplfOrfege�11N-BLY> Dated: 9/i-1 I avo-'I NOTARY PUBLIC Signature of NotaryPublic: `�59lryh +c 11 P,Qs�b7�- STATE OF WASHINGTON ' g COMMISSION EXPIRES Alv IL1 ,2008 Title: ACA)in \-< cn-( My appointment expires: '-cI\O/c c Surety Signature:_ aiv\ ,e' Dan Bouc, Attorney-in-fact Date: Setember 13, 2007 _ / Please attach a power of attorney for the surety. J(II bond,ider.doc 4123102 AO6BNz63 POWER OFAT•I'ORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO 13OX 19725,IRVINE.CA 92623 (949)263-3300 KNOW ALL MEN BY THESE PRESENTS,dial except as expressly limited,DEVELOPERS SURETY ANI)INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each.hereby make,constitute and appoint: ***Jake W. Murphree, Karen L. Staffanson; Dan Bouc, April Conover, Elliott W. Wolffe,jointly or severally*** as their true and lawful Atun ney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties.ponds,undertakings and contracts of suretyship giving and gianung 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,and all of the acts of said Attontey(s)-in-Fact.pursuant to,these presents,are hereby ratified and confirmed. This Prover of Attorney is granted and is signed by facsimile tinder and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURE•IY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November I,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation he,and that cinch of them hereby is.authorized to execute Powers of Attorney,qualifying the auorney(s)named in the Powers of Attorney to execute,on behalf of 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 of Attorney; RESOLVED.FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating hereto by facsimile,and any such Power ofAttorney or certificate hearing such facsimile signatures shall he valid and binding upon the corporation when so affixed and in • the future with respect to any bond•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 Ist(lay of December, 2005. By David H.Rhodes,Executive Vice-President JQ-;.t POR•+N0ce;, 1 GGpcpOq c `lf2 f• OCT. ?<" z= OCT.5 10 ci w 1967 BY 1936 p P Walter A.Crowell,Secretary :"q'• /pyip.,,:'•LD' ��i HCIFOP�\ d STATE OF CALIFORNIA COUNTY OF ORANCili On December I.2005 before me,Gina L.Garner, Notary Public(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 and acknowledged to me that he/she/they executed the same in his/her/their authorized capactty(ics),and that by his/hedlheir 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. GINA L.GARNER • a : COMM.#1569561 Signature 72c—�_ (SEAL) • kt.a%%r,,- NOTARY PUBLIC CALIFORNIA ORANGE COUNTY jl My comm.expires May 13,2009• CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, (does hereby certify that the tbregoing Power of Attorney remains in full force and has not been revoked,and fur thenuore,that the provisions of the resolutions of • the respective Boards of Directors of said corporations set forth in the Power of Attorney,are it once as of the date of this Certificate. This Certificate is executed m the City of Irvine,California-thelat�day of By • ///`f Albert Hillebrand,Assistant Secretary ID-1380(Rev.12/05) King County 07, Agreement to Construct Improvements and Applicant's Name and Address Stabilize and/or Restore the Right of Way )V)4 - F ra urns 1,und and/or Site �7giN I 714 AreNen-i-r,y1 boa.`r ty,055' Agreement Number Project Number and Title: A06BN263 L04S0037-Lund Short Plat Guarantee Amount 614 344 Site Location: $ 24� i-}"L? li0jS----) Parcel 0088000170 This agreement is made and entered into this, f Slay of f? /Zry ,2007,between the King County Department of Development and Environmental Services or any sbccessor agency, hereinafter called the COUNTY,and the above named APPLICANT. Basis for AGREEMENT: WHEREAS the undersigned APPLICANT wishes to construct right of way improvements and/or perform site work at the above location,and WHEREAS the COUNTY will authorize site work or limited right of way use and permit said construction upon agreement by the APPLICANT to comply with all terms of this AGREEMENT;and NOW THEREFORE,the APPLICANT hereby agrees and binds itself and its legal representatives,successors,and assigns,as follows: Terms of the AGREEMENT: 1. The APPLICANT guarantees that construction, maintenance and restoration of roadway, site, drainage, and retention/detention facilities will occur in full compliance with the approved construction plans and profiles, including any approved amendments thereto, and in full conformance with applicable COUNTY ordinances, standards and specifications,to the satisfaction of the COUNTY. 2. If the subdivision, short subdivision or binding site plan is not recorded or the building does not receive any certificate of occupancy,the APPLICANT agrees to restore the right of way to original condition or better AND stabilize the site or comply with the conditions of any permit or approval, including, but not limited to corrective work necessary to provide drainage consistent with approved plans and conditions,and to protect the public health,safety,and welfare,including effects on water quality. 3. Unless otherwise authorized by the COUNTY in writing specified in the conditions of the permit,all work shall be completed within six months following the issuance of the certificate of occupancy, or'two ydars after recording of the subdivision,short subdivision or binding site plan, or prior to the expiration or completion of the right of way use and/or grading permit,whichever occurs first. 4. The COUNTY must approve (in writing) any proposed changes from the approved plans prior to the APPLICANT beginning such work. 5. Prior to beginning construction, a preconstruction conference shall be held with the COUNTY, the - APPLICANT and the APPLICANT'S contractor(s). •• 6. The APPLICANT shall be responsible for costs of any corrective work on or off the site or within the right-of- way to the extent that such corrective measures are associated with work performed and/or not completed. 7. The APPLICANT shall pay any fees required in conjunction with the project pursuant to Title 27 of the King County Code. 8. The APPLICANT shall implement all necessary erosion-sedimentation facilities to insure sediment-laden water will not enter natural or manmade drainage facilities and will maintain them until such time as erosion potential is past. In the event erosion and sedimentation is observed,the APPLICANT shall immediately take actions to mitigate erosion on or off the site. The COUNTY may take immediate action to remedy the problem. The applicant shall reimburse the COUNTY for the corrective work. JO6BN263 9. If'the APPLICANT fails to proceed with due diligence and in good faith in the work provided herein, the APPLICANT shall remove all or part of constructed facilities and restore all disturbed areas to the original or better condition at the APPLICANT'S sole expense. The APPLICANT shall not stop, delay or abandon the project without first rectifying any damage, stabilizing and restoring the right of way or site by grading, hydroseeding,and/or landscaping as may be required by the COUNTY. 10.Prior to the County's approval and authorization of construction,the APPLICANT shall provide the COUNTY with a financial guarantee in the amount and in a form approved by the COUNTY to secure compliance with all terms of this AGREEMENT. The financial guarantee shall remain in force and effect until written release by the COUNTY. At least$7,500 of the guarantee shall be in the form of an assignment of funds or a cash deposit with 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. 11.Upon completion of the required public improvements to the satisfaction of the COUNTY, the APPLICANT shall file such further financial guarantees and agreements in the amounts and forms acceptable to the COUNTY to secure the successful operation and maintenance of the improvements for a minimum period of two years after construction approval. In the event that the applicant fails to post such additional financial guarantee instruments,the COUNTY may demand payment on the performance financial guarantee instrument and may utilize such amount to secure operation and maintenance of improvements in accordance with the King County Code and this AGREEMENT. 12.The APPLICANT shall furnish to the COUNTY a set of "final corrected plans" (photo mylar quality or equivalent)of all required public facilities when applicable. 13.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 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). 14.The APPLICANT shall indemnify 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 nothing herein shall require the applicant hold harmless or defend the COUNTY from any claim arising from the sole negligence of the COUNTY'S agents,employees and/or officers. 15.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. 16.It is the APPLICANT'S responsibility to notify King County of any change-in address phone,?nu%nlier^or,:,,; change of ownership of property. It is the APPLICANT'S responsibility to arrange for replacement of`any%all€±T o financial guarantees prior to the time that a change of ownership occurs. The Applicant, as indicated in'this' '1 AGREEMENT, shall remain responsible for all terms of the agreement until such time as a new owner shall replace the financial guarantees and complete any other documents as required by the County. 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 COUNTY. IN WITNESS THEREOF,the parties hereto have executed this AGREEMENT as of the day and year first above written. APP T � a a/ a7 By Title / /Date 2�a 'o7 Receive o C un By Date REST.10/14/02 JO6BN23 2 • • SJRETY: BOI+: Icing County Department of Development and Environmental Services 900 Oakesdale Avenue SW Renton,WA 98055-1219 Financial Guarantee Activity No. A06BN263 Bond No. 578555S 413 Name of Project Lund Short Plat /a i 1 1 : Clf1 Location/Address of Project Parcel 0088000170 perII -) Bond Project No. L04S0037 Amount $1 , 4 We Guy Lund; Frances Lund ,as Principal and Indemnity Company of California a corporation organized and existing under and by virtue of the laws of the State of California 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 One Hundred Thirty-three Thousand,Three Hundred Twenty- four 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 as Applicant has executed an"Agreement"entitled"Agreement to Construct Improvements and Stabilize and/or Restore the Right of Way and/or Site",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: I. 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 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 of the 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. 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/all financial guarantees prior to the time that a change of ownership occurs. The PRINCIPAL shall remain responsible for all terms of the agreement until such time as a new owner shall replace the financial guarantees and complete any other documents as required by the County. AO6B26 BN- e '.age 1 of 2 Page 2 of 2 PRINCIPAL: Guy Lund; Frances Lund //� SURETY: Indemnity Company of California • ,4# r ifa ,f`j„„%� February 20, 2007 Signa� / tur t Date Signature Dan Bouc Dale VA14 Attorney—in—fact Title Title Ve S' 6 9750 Third Avenue NE, Suite 305 Mailing Address Mailing Address Seattle, WA 98115 206-525-8201 Phone Number Phone Number • 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 Gui..7 Lur\c k-rcLnCe.S Li_srIc\ 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: a J i J a oO 1 Signature of Notary Public: 436-oriru.`f"j 1(-th -'6 O1;ARY PUBLIC 1'' Title: Ro6krl K OF WASHINGTON �J COMMISSION EXPIRES My appointment expires: 9—10—a00 APRIL 10,2008 • Financial Guarantee Activity Number: • SURETY.doc(10/99) • AO . Wt2i9•-• 3 Carrie Olson From: Kenneth Glasby Sent: Wednesday,April 22, 2009 5:00 PM To: Richard Moreno Cc: Carrie Olson Subject: Lund Short Plat. Rick, The Lund Short Plat is ok to release. There is a maintenance bond that has to be collected. I believe that the bond is to be two years, but please check to be sure. Ken Glasby. Vit/NW . W-- 0 1 • � � � ffi o- {3r3 Et'' •7:''f,F;;•:,,c-,-;=:=PS.'.•':14•:::"....4 I -4°- 4 it•'....„'...., ,,,.-1-is.?:.:,... .,:,..-:.;::::::::.;!,-.,,..........:„. :....:::::-.,--., .. ... . ..;.. .. ,;- i : . '.•: .: _ Econorri•c Develo'me`f "epartment of�onmuriity& i A. �rl, April 20 00 r .• .Mr.'Gu �L d: n R exito•ri�:W:A. 805$-:° • - _t6' ,r°n.�.a� _ •f e `�.r,t; ,fi r'' i%:sk, a. • ... �:Lund Sho •l t. .. • s�- K:2,r The•Ci .;ts r uesti a.:one�. 'e 't n� �c o�• - '-�r<��..,:.'...• e. -.. „ • ar Y a an e liond°t be su m� ted foX;thp:luiid chart'. t - • ,14 '�i r. Ia to to' Avev <:,,ca d at�1:62`�rrt7.�1-.14' '� .e'S °Renton: 'rid�,'Reno, ;.�:'• `c•' ;:C'"d"`•4�G:064P3':-' - when:.al1- ;< e : e +Iy:,:r< :<>^.,.- �•-:.. ': .:•::_; . . - f�c ilti s: , .constnTctecl iii'.coim fiance< wtl ;the•�a ,�ro�ed°::`laws t$e.a`°�licant is ' ' :. :•. '.- - edpost..a=main. ance;b4nd-:ar�ot�er'approv•ed sec. 'device;"uvtk:tle.Ci`' far°a'. •,".,' .u� ,irt�F-R.;ia eri d;�o£:'�orie • ar: a ours .�.,• :e ;a�x t�`,sli�� 'e.. .43�:40�'`-� ,� �1�,,. • 1' Y �''�'h •cb $� 6 twhi `��` s' 0l-o�;�tl�e;.or� `na1�e.:::;::.. ::�::;�•:�.;� „ constrtYehon etformance.. ond. - • <�• R,.,x b +"s ck�:,. - C,.ya ti: When•, oi -::. '"Cit r'.is...xn•.recei t..of..thd:. ten :i:$14 �niai>i� ;a�ce'loncl;�the� erfoi�ai�e:'boiid:`wi�l`tie; � ,-.��.;� 0404. , , _.... sel ased.attha : nxe:. .^..: . : :. ,':;.. Fes' �'�;Ax t tt . irSt Tt•t•l.1': h.'7C, Sincerel �,,i; Y - ':N`::sh.5` ( Y: p r{ •- • = 'r A• = • P . •• •3. •.c;i"<;<'='=;'e/„ Yn"ate, t a.. ' . an fan.... ,....... ....:,. �"�;.:.:>r.,.:`<....>,n�. v.� a Cat (Renton • �� • �• -' KI •' Development Services '•' '' •'' 42 .7 2.S ^�0 16.M 'F,4• _ �4.a :;r,. ,� �.f. ..,. y. c+:r . u.: j.v �d 'f s • % • • • • • 5„X-'' vF ".. i, .. � .: ; ^,:.....1� :!:�.s� , r.. .1. ,.1e:.. . isr 'c Carie'Olso - . . ;.,.' ''..1 ,. • 1. -CplGii'1,•5,'. •• n,.'Ir, ...' , - ;:. t r, .,. ,, :3". 'r;,e it • r ir^rrif�f :... .. ' , ..,.-' ' ' ,Renton.City-Hall :o'.1055:S•..-;.Grad `• o>`R. ton WN 'hi:" :o + y.., as OSx. ntonwa:goe, -X ngton 98 _re �a•�.,,, : r Y.. , &t. L z/ // 2-/ A4 < S/4,1/bt4 (0i/Lt7 4�zS 9kl -7 / LAo olc CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: February 18,2009 TO: Laureen Nicolay, Planning Amber Hoffman,Dev. Serv. ODFROM: Carrie K. Olson,Plan Review x7235 SUBJECT: LUND SHORT PLAT L04S0037/LUA09-015 Laureen: Please find a copy of the two agreements and bonds listed below for your information. Amber: Please find attached two original agreements and bonds for the above short plat that was forwarded to the City of Renton from King County as part of the Benson Hill Annexation. Agreement for Sensitive Area Restoration, and; Agreement to Install&Maintain Street Trees. cc: File 111111 King County Department of Development and Environmental Services V A _@ 900 ,WA ale Avenue Southwest ,. �i/��Renton, q l (f D � )/a, Rentonon,WA 98057-5212 l•UU11"" S ENSITIVE AREA RESTORATION Applicant's Name and Address fl �` r W AGREEMENT 6.y Llezi/� AGREEMENT Number � f roject/Permit Number and m Nae A06BN191 n L0:450037. .`=,:t4hd_Short: Platt Guarantee Amount �J/lUU/ VI ll Site Location $8 56 I � ' Parcel 0088000170 This AGREEM NT is made and ered into this I day of � , 20 nun d (Effective date) between the King County Department of De lopment and Enviroptal 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 AGREEMENT: 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 AGREEMENT: 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 DDES). 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 DDES 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 APPLICANT's 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 associated 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 upon written notice by King County, the APPLICANT shall immediately take corrective actions to prevent erosion on or off the site. 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. 0 NJ 1,:-6 Oz) ALO6BN. 191 $, \0/(5 } 111111 sitive 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. By signing this agreement, the applicant will post a surety bond for installation purposes (70%), up to but not exceeding three years, and a cash deposit for the remaining 30% for the maintenance period. 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 guarantee 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. 16. 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 effect and the associated financial guarantee shall not be fully released until 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 DDES or his/her designee. IN WITNESS THEREOF, the parties hereto have executed this AGREEMENT as of the day and year first above written. APPLICAN BY: TITLE: CLC4.,%7.,e.A DATE ',/ /0 7 Received for King C y BY: /01.Ae TITLE: / DATE: V j-/.3 0 7 ACTIVITY NUMBER AO6BN 1 91 • tP King County ' <a, Department of Development and Environmental Services 'rf -'TO-KI NiG -OrUN'T 1 s ,'r 900 Oakesdale Avenue SW Renton,WA 98055-1219 Financial Guarantee Activity No. AO6BN191 Project No. L04S0037 Name of Project Lund Short Plat Location/Address ofPriject rcel 008 000170tow I127 rr-57-1 Applicant '14.4 4 PtI it,j �11/4\S:j...) The APPLICANT hereby authorizes that the sum of$2 00 be kept on deposit with the King County Office of Finance to secure for King County the APPLICAN ' performance of certain work and payment of fees and other amounts required in connection with the above-referenced project. THE CONDITION OF OBLIGATION is that: 1. The 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 APPLICANT is required to furnish a guarantee to secure the APPLICANT'S compliance with the terms of the Agreement. IT IS FURTHER EXPRESSLY PROVIDED that: 1. Until written release of this obligation by King County,this cash fmancial guarantee may not be terminated or cancelled by the APPLICANT for any reason. 2. The obligation of the APPLICANT shall not be discharged or affected by any amendment of the engineering plans used for construction of the project. 3. Upon failure of the APPLICANT to perform any of the terms of the Agreement,King County may use the funds to complete the work and pay outstanding fees and other amounts. The APPLICANT shall have no duty or right to evaluate the correctness or appropriateness of King County's determination that requirements have not been satisfactorily completed. Any unexpended funds shall be returned to the party designated below upon completion of the terms of the Agreement. 4. The APPLICANT'S obligation to perform the work or pay fees and other amounts is not limited to the amount of this cash deposit. 5. In the event that this project becomes part of an incorporated area,King County may transfer its rights and obligations under this cash financial guarantee and the attached Agreement to any successor jurisdiction without notice to the APPLICANT. I, ,an employee of King County,certify that the above referenced funds have been received by King County. APPLICANT: APPLICANT'S MAILING ADDRESS: a o /7ei/V /y7 *woe (Signature) (Date) Ref,/Oh C. 1,9 9,05e f (Print Na e) APPLICANT'S Phone Number It is the APPLICANT'S responsibility to notify King County of any change in address and telephone number. Upon release of this cash deposit,the funds are to be returned to at the following address: State of Washington,County of King I certify that I know or have seen satisfactory evidence that Gw_1 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) Dated: 91 I aO0`l N K. NN SO f3LY Signature of Notary Public: 6-wK, rc -Q,Q , NOTARY PUBLIC U I STATE OF WASHINGTON Title: Rob(t-\ VC.3 �P� sort �1 COMMISSION EXPIRES APRIL My appointmentp 10,2008 expires: Li At)l D008 CASHDEP.doc(10/99) AO6BN191 � , - - . .;,\ •,:,','-',<\,\‘,--\•.6i - \:\` , ,..' \ ,,'....:, ,.•:-- \\:\., - .‘\\\,\•41-= to c4;\:'\.\:•\\\.\.‘\:',.\:-,•k:.;,.:-.. ,' \tg.\\ \\\b - \\\.' \\•\\ • .fpi\ "\0 1/4) ' (r):".\V‘‘,\, :'‘:‘, \‘ 'N \ ,\‘ ‘`.\‘‘'.‘, - . .. \ N.' 11•\\:"\\%\ \\\"./.' —\\\\\\\\ , \\\s.u • . '\\‘\\\\`\ \I 4A. I \ • \\•\ \:::sx' \\‘`‘ Vili %, , ,,&\ \\.\\\,‘ , . ‘ ,..;',\\.\;,\.\,\\ \ \\sx,,, t ., i'‘,\\\.\\\\‘: ,., - • . . . . , \\\\\.\,,,,, \\\ N, n‘ • . ) 0 ‘, ‘,\\.,;•,\\,\\ ' • ‘•\‘ ‘‘\ .\ \ . 1:‘\,. \\ \\\‘\‘‘\ ,\'.\`',\.\\\,,‘ ,, . \\\ \\\\ \\ \\V\\ \ I-I).. v.%\\\\•\<\\:\\"\\•\\\\‘'\\'‘ • '. : . \•\ ,\\ \\\ •• 7;s‘,A\.,,..:', \''.•‘1\,..s.‘\ , . . \ \ \ \\\ '-.\1 \N\\\\ s ! \\N\ \\ \\ .. '1 ... \.\\\:\ , \ ,,..---- \ \ \ \ \\s-\\ 1\\\\\0'\\* \ • ‘%"\-.\`' .'\\‘':\. :‘•\\4 . • . \\\ \ . W\'‘ \ ‘\‘'\\\\\\\\ \'\\. \ . -•A \ ' ''\ ,‘ ,"' • ',‘ . ,\ \ .. . . '\' \\\\\V -%•I \\- \\ - \' \‘‘‘ \,\ - \\`.\ • ' .0" . • • • : \J— '. '—a.'"\ ' '1 1 '2\ ..on s. . '• r. , . . \...\\'' '.'.,. •':,,,A'", -, 2,A' -.\\,...,i \ \ , . . . . , \ • ' .k'" .\\\\`. \ ' 1. . . . . - ''''' LA" T‘" \ ' • ,.....m ,.\\ ., \ . . . ... .. , .4m \\\\ so •'•-\\. • \ • \ ;•, \,\\\\ ac.8 \\,. \ ,,xK, : * : • \\,\•\,„ \\,..\\ \\ \\ \ , . .. \\:\\\x\o\\\„,„.,,,,,,,, ,,vo ,,,ag„,ci„„„‘„\\\,,\\\\„,,,•.,...„ , .. . .- ' ___________ ___ : • .. .. . . . . ., . „ • . . • • . . • ... .., .. . — . . llt-i, . . • . . . ..„ . . ., . . . A:,:; uji . , King County Department of Development and Environmental Services 900 Oakesdale Avenue Southwest Renton,WA 98057-5212 206-296-6600 TTY 206-296-7217 www.kingcounty.gov December 18, 2008 Guy Lund 17844— 147th Avenue SE i 1 /� Renton, WA 98058 `br ' 1 L.f- f �^ (1. ,�� n 1 RE: Street Tree Financial Guarantee Reduction ©0 py DDES File Number: L04S0037 Project Title: Lund Short Plat Dear Mr. Lund: The compliance street tree installation inspection for the above-referenced project was completed. Based on this inspection, it has been determined that the street trees have now been installed per the approved plans and King County Zoning Code 21.51.070. Therefore, we are reducing the following performance financial guarantee: Street Tree Performance surety bond, number 579743S, in the amount of$3,612,_issued by Indemnity Company of California to Guy Lund, DDES activity number A07BN252. By copy of this letter, King County hereby requests your surety company to issue a rider reducing the.bond 1 ,, amount from $3,612 to$1,083 and changing it from performance to maintenance. The remaining balance IC t of$1,083 will be held as a two year maintenance financial guarantee. After the street trees have been maintained for two years, we will perform a maintenance inspection. If the trees have been successfully maintained for the two-year period,we will process the release of your. maintenance financial guarantee. If you have any questions regarding this reduction, please contact the Finance billing hotline at 206-296-6659 or email fgmu.ddesakingcounty.gov Sincer - regory Finance Manage cc: Indemnity Company of California Jody Conyers, Project Manager, DDES Land Use Inspection Section . Financial Guarantee Services • King County SUBDIVISION, SHORT SUBDIVISION AND PLANNED IT DEVELOPMENT .:,,lu, «x� ;`�s^ .':z`��=";?£;">>Uk�""dv ry''KE '8t k•.<'s�3,�"�JW}�'�'.:�;� s,'=- y�;E'3. ;•.� �'rt!!,;:•,�.,��,��try�'�� Department of Development ! - . �, , '".,,a, t.r c ,, and Environmental Service f'0, '0. fi . ,e, ' `"£ a� ya„n "^ ��" .,.'h;:' ���ss1!�,{�r'u'<:..ng.�1:j'' „r5;hi.:. ra:� � � ; '` w $Ce7,? 3k� �s:Y'd { F�-s ' �.,.v �, '�.v"" ' %�?L.••^ J '. � 900 Oakesdale Avenue Southwest . : ,3 Nor, e „ Renton, WA 98057-5212 f °�! , ' „ �°ra{ ,�:�a�' �i,���.:«$��H4�..n� e ,� �/� ��'1 �1i�� �Y�j'sr'� ,J � L n �'�'t�m n (,F 206-296-6600TfY 206-296-7217 " " '".,. ," ",�''" ';F ''i ., totti eg www.metrokc.gov • OaggLivEr-,)• DECK ® 200 Within the City of: Renton 8 KING COUNT', • FGMU Project Name: Lund Short Plat Project No. : L04S0037 Address: 16217 — 114th Ave. SE '` ' ° / 1 -(7.o (L Street Tree Inspect Activity No. : L06SI163 On 10/29/2008 it was determined that the street trees required for the project listed above have been installed. The minimum 2 year maintenance period as required by King County Code shall commence on 10/29/2008. • FINANCIAL GUARANTEE INFORMATION • If you have questions concerning the status of the financial guarantee, please contact the Financial Guarantee Management Unit at 206-296-6659. Posted ' Type Amount Financial Guarantee Activity No. : A07BN252 , Street Tree $ 3, 612.00 • `l'1 KING COUNTY REPRESENT TIVE (�J • Inspector: Mike Meins ate: 11/25/2008 U Eng. III Initials: Date: , L / a b DEVELOPER REPRESENTATIVE Name: Guy Lund Street: 17844 - 147th Ave. SE City: Renton State: WA Zip: 98058 Original: Developer Copy 1: FGMU Copy 2: File Copy 3: Inspector • S/forms/current forms/StreetTreelnstallAprvl.doc 09-14-06 BOND RIDER Lpy)z.0J!• c,�Ul 'vo<k3 INDEMNITY COMPANY OF CALIFORNIA 9750—3rd AVENUE NE, SUITE 305, SEATTLE,WA 98115 DATE OF NOTICE BOND NUMBER TYPE OF BOND DDES FILE NUMBER 12/22/2008 579743S Street Tree Bond L04S0037 Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements, or warranties of the above mentioned bond, other than stated belo . R,O OBLIGEE: `'gV'? King County DDES .Pj Attn: Stacy Graves EC 900 Oakesdale Avenue SW C� KlN 20D8 Renton, WA 98055-1219 PGAitr 6�� Gentlemen: This Rider is to be attached to and form a part of the above captioned bond effective 12/18/2006. This Rider is on behalf of: Guy Lund It is understood and agreed, effective from above date, that: The bond amount is decreased from Three Thousand Six Hundred Twelve and 00/100ths ($3,612.00) Dollars to One Thousand Eighty Three and 00/100ths ($1,083.00) Dollars and bond is converted from a performance to a maintenance guarantee per King County letter dated December 18, 2008. Provided, however, that the liability of the company under the attached bond as changed by this order shall not be cumulative. Signed this December 22, 2008 By -LciL A J .. e W. Murphree, Attorney-in-Fact PRODUCER: Soundview Insurance Agency, Inc. Attn: Patty Allen PO Box 6249 Lynnwood, WA 98036 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO 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: ***Jake:W. Murphree, Karen L. Staffanson, Dan Bouc, jointly or severally*** • 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,and all of the acts of said Attorney(s)-in-Fact.pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000: • RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation he,and that each of them hereby is,authorized to execute Powers ofAttorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of 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 of Attorney: RESOLVED.FURTHER,that the signatures'of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the flume with respect to any bond,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 of December, 2005. ,By: ,C� A D �NtO F% O MP AN gYq O�� • 7avid H.Rhodes,Executive Vice-President O�PORq: F- OPP Oy • C C'fir w OCT. :< — OCT.5 "I ; �0 r)5 W 1967 By: So 1936 i°3 Walter A.Crowell,Secretary, `�" a; q(/ d STATE OF CALIFORNIA 'y COUNTY OF ORANGE • On December I,2005 before me,Gina L.Garner, Notary Public(here insert ramie 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 and acknowledged to me that he/she/they executed the same in his/1her./their authorized capacity(ics),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. GINA L.GARNER 67Zoi N 141110, COMM.# 1569561 Signature (SEAL) ` NOTARY PUBLIC CALIFORNIA 5 ,;, ORANGE COUNTY My comm.expires May 13,2009 L CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power ofAttomey remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of' the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California.the ' day of �Y . a-C-0 • B. rj44'(A� Albert Hillebrand, Assistant Secretary I D-1380(Rev. 12/05) EL iv, NT=TO I,N;ST ALL,&: ':3 :Ai AIN'STI EET=TRE:ES',ii FOR �i King County ,:. ;.. Department of Development and Environmental Services i''-,1.' :i!� "'A 9000akesdale Avenue SW - _':^_; - - ._ .? .S:.,,u...,., ...N...._...: ?.r•_5 Renton,WA 98055-1219 .:..............._. . APPLICANT'S Name APPLICANT'S Address �ilJd0:041K ma y L/iNrJ /7 8Yy /ti?/l AvZ-SE/&./72vii Sfleff ACTIVITY Number Project Number and Name A07BN252 to 0117 L04S0037-Lund Short Plat Guarantee Amount Site Location/Section $3 X2 Parcel 0088000170 —1 This AGREEMENT is made and entered into this/5'hay of ,20 ilbetween the King County Department of Development 0i 1 .J j and Environmental Services(or its successor agency),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 final plat approval upon agreement by the APPLICANT to,among other project requirements,comply with all terms of this AGREEMENT; NOW THEREFORE,the APPLICANT hereby agrees and binds itself and it's legal representatives,successors,and assigns,as follows: Terms of the AGREEMENT: 1. Prior to recording of the 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 of this 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. 2. The APPLICANT shall,within two years of the final plat approval,install all required street trees in full compliance with the approved landscape development plans,including any approved amendments thereto. Street trees shall be planted and completed in conformance with the approved plans and specifications and the COUNTY Standards. All planting shall be performed in accordance with accepted practices,in good soil with adequate water available.The APPLICANT shall notify the COUNTY in writing when all street trees are implemented in accordance with approved plans. , 3. The County must approve(in writing)any APPLICANT proposed change of work from the approved plans prior to the APPLICANT beginning such work. 4. The APPLICANT shall fulfill all other requirements of King County Code Title 21 A,and adopted ordinances in connection with street tree improvements, even if these requirements are not set forth specifically in this AGREEMENT. 5. The APPLICANT shall complete all street tree installation work requirements with due diligence. The COUNTY may extend the time limit for compliance up to six months when the COUNTY has determined that circumstances beyond the control of the APPLICANT warrant an extension. 6. The financial guarantee shall be required for a minimum period of two years after King County has inspected and approved the planting or transplanting of trees. This time period may be extended by one year by the director,if necessary,to cover a planting and growing season. 7. The street trees shall successfully grow and remain attractive,free of disease and defects in workmanship and materials for a period of two years from the date of satisfactory installation.The APPLICANT shall prune and trim all street trees to maintain:a healthy growing condition or to prevent primary limb failure and replace all dead,diseased,damaged or stolen trees within three months or during the next planting season if the loss does not occur in a planting season. 10. If,at the conclusion of the two-year period,the COUNTY,at its sole discretion,determines that the street trees are not in a well-maintained condition, the APPLICANT or Guarantor shall perform prompt and adequate maintenance. In the event this maintenance is not done,by either the APPLICANT or Guarantor,within a time period as specified by the COUNTY,the Guarantor shall,upon demand,tender the total guarantee amount to the COUNTY. After performing the maintenance,the COUNTY will return any unexpended funds,without interest,to the Guarantor. 11. The APPLICANT shall be obligated to take corrective action or make repairs,as described above,which obligation shall not be limited by the amount of the financial guarantee. 12. 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 27A of the King County Code and corrective work or abatement. 13. The APPLICANT hereby grants the 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 the COUNTY deems necessary. 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 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). 15. The APPLICANT shall indemnify 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 of the County's agents,employees and/or officers. 16. 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. It is the APPLICANT'S responsibility to notify King County of any change in address,phone number,or change of ownership of property. It is the APPLICANT'S responsibility to arrange for replacement of any/all financial guarantees prior to the time that a change of ownership occurs. The Applicant,as indicated in this AGREEMENT,shall remain responsible for all terms of the agreement until such time as a new owner shall replace the financial guarantees and complete any other documents as required by the County. 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 COUNTY. IN WITNES THEREOF,the parties hereto have executed this AGREEMENT as of the day and year first above written. APPLIC 4,, ,,t ' / By // 0" Title ` s'R 7/ /131/a 7 is 4Reivedf O rtheCOUNT y �/3Date pctf lusddv2 d '''''' .5%'''. ,, I 1 ],kti Lb rip _ : ,a .. :'.».,<.—«r..e�.;,-`";.;i� ',.f�OW":.T'. f''-�,-'•�t=''`� uRETY B:ON'D , King County King County ,� .:L't:.,_}.�^__ ._.._,_...�_-......._....._ _......_.._..._..._.,. Department of Development and Environmental Services 900 Oakesdale Avenue SW Renton,WA 98055-1219 Financial Guarantee Activity No. A07BN252 Bond No. 579743S Adolf Name of Project Lund Short Plat Location/Address of Project Parcel 0088000170 "JZI8J / Bond I ei Project No. L04S0037 Amount .012 Cr-F5)\-y We GUY LUND ,as Principal and Indemnity Company of CA i fnrnia a corporation organized and existing under and by virtue of the laws of the State of California 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 Thre e Thousand,six hundred twelve 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"Agreement to Install&Maintain Street Trees for a Subdivision",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 bortd 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 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 of the 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. 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/all financial guarantees prior to the time that a change of ownership occurs. The PRINCIPAL shall remain responsible for all terms of the agreement until such time as a new owner shall replace the financial guarantees and complete any other documents as required by the County. 2 5 2 Page 1 of 2 AUIBN252 Page 2 of 2 PRINCIPAL: Guy Lu d SURETY: Indemnity Company of California ....g 'q/ /‘:› bOl/V ..29Ull--- —(0-5 31-,1 _7__ Signature Dat Signature Dan Bouc Date OL(J ne/t_ Attorney-in-fact Title Title /7?L/,// % > 4/IC, . Si- 9750 Third Ave NE, Suite 305 Mailing Address Mailing Address ?e1 / ,- i (2).94*P05 cr Seattle, WA 98115 421a,'Z�j (730-/S"3f, 206-525-8201 Phone Number Phone Number 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 Guy Luna 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: 9 I l a 1a001 Signature of Notary Public: 0-6-Oi2,`- (14.2M1--"68 ROSIN K. NELSON-SLY Title: Rawl-% }{ NP ASo`(l- rLJ NOTARY PUBLIC STATE OF WASHINGTON My appointment expires: 4 tO`02©08 COMMISSION EXPIRES APRIL 10,2008 Financial Guarantee Activity Number: SURETY.doc(l0/99) A 0 7 BN 2 5 2 ." POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA 1'O 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: ***Jake W. Murphree, Karen L. Staffanson, Dan Bouc, April Conover, Elliott W. Wolffe, jointly or severally*** as their true and lawful Attorneys)-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,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile tinder and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November I,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation he,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of 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 of Attorney; RESOLVED,FURTHER,that the signatures of such officers may he affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall he valid and binding upon the corporation when so affixed and in the future with respect to any bond,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 of December, 2005. By: .c .,AND•.4/0•• OMPANYpc David H.Rhodes,Executive Vice-President : �c PPO/ 0 oyJCRPORT:�y. GO �Tc< 9r Z. cc• OCT. ?<= z ? OCT.5 0 =o.° 10 o; W 1967 By: 1936 .•a' 02 cq( �Pa= Walter A.Crowell,Secretary' .,q • py�p ,.�a /FOPS • *" ' 1., STATE OF CALIFORNIA COUNTY OF ORANGE On December I,2005 before me,Gina L.Gamer, Notary Public(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 persons)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(ics),and that by his/her/their signature(s)on the instntment the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. ,,.••�,v GINA L.GARNER a COMM.# 1569561 Signature (SEAL 2 -� >•r• NOTARY PUBLIC CALIFORNIA 3 'tow - ORANGE COUNTY v j, My comm.expires May 13,2009 CERTIFICATE • The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY CO22PA.NY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been.revoked,.and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,t � day of /J • OM-7— By A.14-C-4 Albert Hillebrand, Assistant Secretary ID-1380(Rev. 12/05) . , • POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA I'O 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: ***Jake W. Murphree, Karen L. Staffanson, Dan Bouc, April Conover, Elliott W. Wolffe, jointly or severally*** as their true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,tUr 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,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURE..TYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation he,and that each of them hereby is.authorized to execute Powers of Attorney,qualifying the attorneys)named in the Powers of Attorney to execute,on behalf of 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 of Attorney; RESOLVED,FURTHER,that the signatures of such officers may he affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond•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 of December, 2005. By: v .•.0 AND ,,, GOMPANVpc David H.Rhodes,Executive Vice-President 967 By: , ` 1936 ;:a 02 �< ��Q a= Walter A.Crowell,Secretary 7�. !Ow p .�a )FOP 0'•..........•'' .44 STATE OF CALIFORNIA COUNTY OF ORANGE On December 1,2005 before me,Gina L.Garner, Notary Public(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 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. GINA L.GARNER " �. COMM.# 1569561 (SEAL) �•�,"�,� */ NOTARY PUBLIC CALIFORNIA Signature3 '1!1.� ORANGE COUNTY V. 1 My comm.expires May 13,2009 E. CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been.revoked,.and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are,in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,ti5( St day of AL ,/41 A 24g)7___ • By A.14-CA Albert Hillebrand, Assistant Secretary ID-1380(Rev. 12/05)