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HomeMy WebLinkAboutReturned Mail_Release of Power of AttorneyArmondo Pavone Mayor Community &Economic Development C.E.“Chip”Vincent,Administrator August 18,2020 Charter Homes Inc 601 Union Street #3920 Seattle,WA 98101 SUBJECT:RELEASE OF POWER OF ATTORNEY AND SURETY BONDS #0442247,#0442248 & #0442249 RATHINAM SHORT PLAT I PROJECT #L04S0003 Dear Sir/Madam: The City of Renton as successor jurisdiction,hereby releases the following bonds on the Rathinam Short Plat project: •2-Year $30,595,Surety Bond #0442247 for landscape/recreational equipment. •2-Year $14,769,Surety Bond #0442248 for Street Tree Performance. •2-Year $6,000,Surety Bond #0442249 for Street Tree Installation &Maintenance. The original bonds are enclosed for your reference.Please notify your surety company of these releases. If you have any questions,please contact the Community &Economic Development Department at (425) 430-7200. in er y, Jennifer Henning Planning Director Enclosure(s):international Fidelity Insurance Company Power of Attorney Original Surety Bonds O442247,#0442248 &#0442249 1055 South Grady Way,Renton,WA 98057.rentonwa.gov ‘I,— AGREENT TO INSTALL King County RECREATION EQUIPMENT &!or Department of Development INSTALL &MAINTAIN and Environmental Services LANDSCAPING FOR A SUBDIVISION900OakesdaleAvenueSouthwest Renton,WA 98057-5212 APPLICANT’S Name APPLICANT’S Address .tt,/-4—$‘‘L’‘QErter linEs,1n.-77’’‘-“‘‘“ACTIVITY Number Project Number and Name AO6BN115 L04S0003 —Rathinam Short Plat Guarantee Amount Site Location/Section $30,595 Parcel 6198400180 This AGREEMENT is made and entered into this ______ day oftci’,2Qç between the King County Department of Development 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 ofthisAGREEMENT; NOW THEREFORE,the APPLICANT hereby agrees and binds itself and it’s legal representatives,successors,and assigns,as follows: Terms of the AGREEMENT: I.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 ofthis AGREEMENT. Landscaping Only:The financial guarantee shall be required for a minimum period of two years after the COUNTY has inspected and approved theinstallationoftherequiredlandscaping.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 ofthe final plat approval (recording),complete the installation of all required recreation equipment and/orlandscapinginfullcompliancewiththeapprovedrecreationand/or landscape development plans,including any approved amendments thereto. 3.The APPLICANT is responsible for the proper establishment and maintenance of the landscaping.Additionally,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 to 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 orduringthenextplantingseasonifthelossdoesnotoccurinaplantingseason. 4.In the event of any failure of the landscaping to satisfactorily grow or in the event of a defect in workmanship or materials of the recreation equipmentand/or landscaping,the APPLICANT or guarantor shall promptly and adequately repair,replace,and/or correct the failure or defect.5.The APPLICANT shalt complete the installation of all recreation equipment and/or landscaping with due diligence.The COUNTY may extend the timelimitforcomplianceuptosixmonthswhentheCOUNTYhasdeterminedthatcircumstancesbeyondthecontroloftheAPPLICANTtvarrantanextension.6.The APPLICANT shall notify the COUNTY in writing when all landscaping is implemented in accordance with the approved plans and specifications.7.The COUNTY must approve (in writing)any APPLICANT proposed change ofwork from the approved plans prior to the APPLICANT beginning suchwork. 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 this AGREEMENT including but not limited toplanreviewandinspectionfeespursuanttoTitle27AoftheKingCountyCodeandcorrectiveworkorabatement.10.The APPLICANT hereby grants to the COUNTY the right to enter and inspect the project site and,in the event ofany failure to comply with terms of thisAGREEMENT,to implement such corrective measures as the COUNTY deems necessary.II.The APPLICANT shall be responsible for the proper performance,safe conduct and adequate policing and supervision of the project.This responsibilityshallnotbelessenedorotherwiseaffectedbytheCounty’s approval of plans,specifications,or work,or by the presence at the work site of the COUNTY’srepresentative(s),or by the compliance by the APPLICANT with any requests made by said representative(s).t2.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 ownexpenseallclaims,damages,suits at law or equity,actions,penalties,losses,or costs of whatsoever kind or nature,brought against the COUNTY arisingoutof,in connection with,or incident to the execution of this AGREEMENT and/or the Applicant’s performance or failure to perform any aspect oftheAGREEMENT.Provided,however,that ifsuch claims are caused by or result from concurrent negligence ofthe APPLICANT and the COUNTY,it’sagents,employees and/or officers,this provision shall be valid and enforceable only to the extent ofthe negligence of the APPLICANT,and providedfurther,that nothing herein shall require the APPLICANT to hold harmless or defend the COUNTY from any claim arising from the sole negligence oftheCounty’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,thepartiesheretoagreethatanysuchactionorproceedingshallbebroughtinacourtofcompetentjurisdictionsituatedinKingCounty,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 theAPPLICANT’S responsibility to arrange for replacement of any/all financial guarantees prior to the time that a change of ownership occurs.TheApplicant,as indicated in this AGREEMENT,shall remain responsible for all terms of the agreement until such timc as a new owner chall replace thefinancialguaranteesandcompleteanyotherdocumentsasrequiredbytheCounty. RELEASE REQUIREMENTS:This AGREEMENT shall remain in effect and the associated financial guarantee shall not be released until all terms ofthisAGREEMENThavebeencompletedtothesatisfactionoftheCOUNTY. IN WITNESS THEREOF,th ies ereto have executed this AGREEMENT as ofthe day and year first above written. APPLICANT —)]oTitleDate — _________ \\Received for the C TY by Datelandcombo1usddO6131N115 11 SbrETY BOND King County Department of Development and Environmental Services 900 Oakesdale Avenue SW Renton,WA 9$055-1219 Financial Guarantee Activity No.AO6BN115 Bond No.Yi42247 Name of Project Rathinam Short Plat Location/Address of Project Parcel 6198400180 Bond Project No.L04S0003 Amount $30,595 We Q-rter Jhps,Irx.,as Principal and Intermticml Fidnl±ty Thsiirnire Caipiny a corporation organized and existing under and by virtue of the laws of the State of lSëw Jerv 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 Thirty Thousand,five hundred ninety five 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 Install Recreation Equipment and/or Install &Maintain Landscaping for a Subdivision”,a copy of which is attached hereto and incorporated herein by this reference. 2.Under the provisions of the Agreetnent,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 ofthis 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 ut1der 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. AO6BN 115 PRINCIPAL: Qrter ,E. By:7 State of Washington,County of King I certify that I know or have seen satisfactory evidence that C’i It L-t c’I..c signed this instrument and acknowledges it to be his/her free and voluntary act for the uses and purposes mentioned in this instrument. SURETY.doc (10/99) AOGBN1I5 Dated:(2_(5 (z.7 Signature of Notary Public:-“c’I’-- Title:/‘1O it ‘.- My appointment expires:(°(2 Financial Guarantee Activity Number:_________ n 0 Page 2 of 2 12/5/07 SURETY: Intematia-1 Fidelity Thsurare Carla,r r1-tLLiM- Signature’—_...___——Date J Title Mailing Address EX)1 Unia-i Strt,Ste.51W Seattle,WA 98101 206—322-4393 Phone Number 12/5/07‘çrj Signature Date Raxam Palacios Title Attony—in-Fact —__________ Mailing Address B)&c 370 Seattle,WA 98111-0370 2flS-4l -6fl Phone Number PLEASE ATTACH A POWER OF ATTORNEY FOR SURETY AND COMPLETE THE FOLLOWING FOR THE PRINCIPAL (Notary \1 AGREEMT TO INSTALL & &ingCounty MAINTAIN SIGNIFICANT TREES Departmcnt ofDevelopment and Environmental Services 900 Oakesthle Avenue SW FOR A SUBDIVISIONRenton,WA 98055-1219 APPLICANT’S Name APPLICANT’S Address - ‘4’Li.iJY i 7 Qiarter Ihrs,frc.17/ie 9 ‘/ci1 ACTIVITY Number Project Number and Name AO7BN4J 1 L04S0003 —Rathinam Short Plat Guarantee Amount Site Location/Section cld760 Parcel 6198400180 _tl 1. Tel (9T3)624-7200 IWER OF ATTORNEY d a INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE:ONE NEWARK CENTER,20Th FLOOR NEWARK,NEW JERSEY 07 102-5207 KNOW ALL MEN BY THESE PRESENTS:That INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existinglawsoftheStateofNewJersey,and having its principal office in the City of Newark,New Jersey,does hereby constitute and appoint MARY A.DOBBS,HEATHER ALLEN,STEVEN W.PALMER,DAVID I.FORSYTH,HOLLY E.ULFERS, ROXANA PALACIOS Seattle,WA. its true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,cntracts of indemnity andotherwritingsobligatoryinthenaturethereof,which are or may be allowed,required or permitted by law,stature,rule,re_gplation,contract or otherwise,andtheexecutionofsuchinstrument(s)in pursuance of these presents,shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCECOMPANY,as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at itsprincipaloffice. This Power of Attorney is executed,and may be revoked,pursuant to and by authority of Article 3-Section 3,of the By-Laws adopted by the Board ofDirectorsofINTERNATIONALFIDELITYINSURANCECOMPANYatameetingcalledandheldonthe7thdayofFebruary,1974. The President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,shall have power and authority (1)To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds andundertakings,contracts of indemnity and other writings obligatory in the nature thereof and, (2)To remove,at any time,any such attorney-in-fact and revoke the authority given. Further,this Power of Attorney is signed and seated by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meetingdulycalledandheldonthe29thdayofApril,1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto byfacsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and anysuchpowersoexecutedandcertifiedbyfacsimilesignaturesandfacsimilesealshallbevalidandbindingupontheCompanyinthefuturewithrespecttoanybondorundertakingtowhichitisattached. IN TESTIMONY WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrnment to besignedanditscorporatesealtobeaffixedbyitsauthorizedofficer,this 29th day of August,A.D.2003. INTERNATIONAL FIDELITY INSURANCE STATE OF NEW JERSEY ctar On this 29th day of August 2003,before me came the individual who executed the preceding instrument,to me personally known,and,being by me dutysworn,said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seat affixed tosaidinstrumentistheCorporateSealofsaidCompany;that the said Corporate Seal and his signature were duty affixed by order of the Board of Directors ofsaidCompany. IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal, at the City of Newark,New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov.21,2010 I,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of thePowerofAttorneyandaffidavit,and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney,with the ORIGINALS ONINTHEHOMEOFFICEOFSAIDCOMPANY,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said PowerofAttorneyhasnotbeenrevokedandisnowinfullforceandeffect IN TESTIMONY WHEREOF,I have hereunto set my hand this J4Th day of zrr ZrDC57 Assistant Secretary SbrETY BOND King County Department of Development and Environmental Services 900 Oakesdale Avenue SW Renton,WA 98055-1219 Financial Guarantee Activity No.AO7BN411 Bond No.IY42249 Name of Project Rathinam Short Plat Location/Address of Project Parcel 6198400180 Bond Project No.L04S0003 Amount $14,769 We CTharter Ibms,Ti-c.,as Principal and Inten-iatiai1 Fidelity Thai-axe Ccnprw a corporation organized and existing under and by virtue of the laws of the State of ISr Jery and legally doing business in the State of Washington,as Surety,are held and firmly bound unto King County,State of Washington,as Obligee,in the penal sum of Fourteen Thousand,seven hundred sixty nine 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 and Maintain Landscaping in Compliance with an Approved Significant Tree Retention Plan 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 ofwork and payment of fees in accordance with the associated Agreement. IT IS FURTHER EXPRESSLY PROVIDED that: 1.Until written release ofthis 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 APPLICANT’S/PRINCIPAL’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 a change of ownership occurs. AO7BN411 PRINCIPAL: Qrter Fk) y:__SdE State of Washington,County of King SURETY: 1ntetia1 Fity Thairan Curny Vii 1 k 1’141 I III 12/5/97 I certify that I know or have seen satisfactory evidence that -L&A(C_ signed this instrument and acknowledges it to be his/her free and voluntary act for the uses and purposes mentioned in this instrument. SURETY.doc (10/99) AO7BN41 1 (J) C— c-) Financial Guarantee Activity Number: 0 0 Page 2 of 2 12/5/07 Signature Datef-Jd Title Mailing Address fO1 Unirn Strt,Suite 51(0 Seattle,WA 98101 2iD6—322-4393 Phone Number .‘-r.uvSignature Date Poør Flaios,Attorry-iri-Fact Title Mailing Address PD Pox 370 Seattle,WA 98111-0370 -i4l—6I0 Phone Number PLEASE ATTACH A POWER OF ATTORNEY FOR SURETY AND COMPLETE THE FOLLOWING FOR THE PRINCIPAL (Notary Seal or Dated: Signature of Notary Public: Title: My appointment expires: Tel (973)624-7200 1 WER Of ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE:ONE NEWARK CENTER,20TH FLOOR NEWARK,NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS:That INTERNATIONAl FIDELITY INSURANCE COMPANY,a corporation organized and existing laws of the State of New Jersey,and having its principal office in the City of Newark,New Jersey,does hereby constitute and appoint MARY A.DOBBS,HEATHER ALLEN,STEVEN W.PALMER,DAVID I.FORSYTH,HOLLY E.ULFERS, ROXANA PALACIOS Seattle,WA. its true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,cotracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,stature,rule,re_gulation,contract or otherwise,andtheexecutionofsuchinstrument(s)in pursuance of these presents,shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCECO1’WANY,as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at itsprincipaloffice. This Power of Attorney is executed,and may be revoked,pursuant to and by authority of Article 3-Section 3,of the By-Laws adopted by the Board ofDirectorsofINTERNATIONALFIDELITYINSURANCECOMPANYatameetingcalledandheldonthe7thdayofFebruary,1974. The President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,shall have power and authority (1)To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds andundertakings,contracts of indemnity and other writings obligatory in the nature thereof and, (2)To remove,at any time,any such attorney-in-fact and revoke the authority given. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resotution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April,1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto byfacsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and anysuchpowersoexecutedandcertifiedbyfacsimilesignaturesandfacsimilesealshallbevalidandbindingupontheCompanyinthefuturewithrespecttoanybondorundertakingtowhichitisattached. IN TESTIMONY WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 29th day of August,AD.2003. INTERNATIONAL FIDELITY INSURANCE CO NY STATE OF NEW JERSEY ta’ On this 29th day of August 2003,before me came the individual who executed the precedin instrument,to me personally known,and,being by me dulysworn,said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seal affixed tosaidinstrumentistheCorporateSealofsaidCompany;that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors ofsaidCompany. IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal, at the City of Newark,New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov.21,2010 I,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney,with the ORIGINALS ONINTHEHOMEOFFICEOFSADCOMPANY,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF,I have hereunto set my hand this day of 2-CJL Assistant Secretary King County Department of Development and Environmental Services 900 Oakesdale Avenue SW Renton,WA 98055-1219 APPLICANTS Name APPLICANT’S Addr ss Qarter fbns.hr. ACTIVITY Number Project Number and Name A07BN404 L04S0003 -Rathinam Short Plat Guarantee Amount Site Location/Section $6,000 Parcel 6198400180 This AGREEMENT is made and entered into this S day of D’fQ4 Kv”,20 between the King County Department of Development 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 WI-IEREAS the COUNTY will grant final plat approval upon agreement by the APPLICANT to,among other project requirements,comply with all terms ofthis AGREEMENT; NOW THEREFORE,the APPLICANT hereby agrees and binds itself and it’s legal representatives,successors,and assigns,as follows: Terms of the AGREEMENT: I.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 ofthis AGREEMENT.The guarantee shall remain in force and effect until written release by the COUNTY.The APPLICANT’s obligation to perform work and pay fees or other amounts is not limited to the amount of the associated financial guarantee. 2.The APPLJCAJ’JT shall,within two years ofthe 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 ofKing County Code Title 2lA,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 ofthe 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 oftwo 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. I I.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 toplanreviewandinspectionfeespursuanttoTitle27AoftheKingCountyCodeandcorrectiveworkorabatement. 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 thisAGREEMENT,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 responsibilityshallnotbelessenedorotherwiseaffectedbytheCounty’s approval ofplans,specifications,or work,or by the presence at the work site ofthe County’srepresentative(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 ownexpenseallclaims,damages,suits at law or equity,actions,penalties,losses,or costs of whatsoever kind or nature,brought against the COUNTY arisingoutof,in connection with,or incident to the execution of this AGREEMENT and/or the Applicant’s performance or failure to perform any aspect of theAGREEMENT.Provided,however,that if such claims are caused by or result from concurrent negligence of the APPLICANT and the COUNTY,it’sagents,employees and/or officers,this provision shall be valid and enforceable only to the extent of the negligence of the APPLICANT,and providedfurther,that nothing herein shall require the APPLICANT to hold harmless or defend the COUNTY from any claim arising from the sole negligence oftheCounty’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,thepartiesheretoagreethatanysuchactionorproceedingshallbebroughtinacourtofcompetentjurisdictionsituatedinKingCounty,Washington.17.It is the APPLICANT’S responsibility to notiI’King County of any change in address,phone number,or change of ownership of property.It is theAPPLICANT’S responsibility to arrange for replacement of any/all financial guarantees prior to the time that a change of ownership occurs.TheApplicant,as indicated in this AGREEIvIENT,shall remain responsible for all terms of the agreement until such time as a new owner shall replace thefinancialguaranteesandcompleteanyotherdocumentsasrequiredbytheCounty. RELEASE REQUIREMENTS:This AGREEMENT shall remain in effect and the associated financial guarantee shall not be released until all terms of thisAGREEMENThavebeencompletedtothesatisfactionoftheCOUNTY. IN WITNESS THE OF,the parti s hereto have executed this AGREEMENT as ofthe day and year first above written. APPLICANT 1lf/7 By Title Date -\\ DateReceivedfortheCOUNTYby Ipcf Io,d4/02 AO%BN404 AGREE_NT TO INSTALL & MAINTAIN STREET TREES FOR A SUBDIVISION SiRETY BOND King County King County Department of Development and Environmental Services 900 Oakesdale Avenue SW Renton,WA 98055-1219 Financial Guarantee Activity No.A07BN404 Bond No.O42248 Name ofProject Rathinam Short Plat Location/Address of Project Parcel 6198400180 Bond Project No.L04S0003 Amount $6,000 We QIt Ii1TS, ,as Principal and lnteflEticr1 Fidelity Thsurare Carpiriy a corporation organized and existing under and by virtue of the laws of the State of 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 Six Thousand 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 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 termsoftheagreementuntilsuchtimeasanewownershallreplacethefinancialguaranteesandcompleteanyotherdocumentsas required by the County. A07BN404 Page 2 of 2 State of Washington,County of King I certify that I know or have seen satisfactory evidence that V L-k signed this instrument and acknowledges it to be his/her free and voluntary act for the uses and purposesmentionedinthisinstrument. Dated:,z_c>’;(0 Signature of Notary Public: Title: LI My appointment expires: cj Financial Guarantee Activity Number: SURETYdoc (10/99) AO7BN4O4 PRINCIPAL:SURETY: Tnti2çdmal Fidelity Thsurare Capiriy By:k i fJ aüt .i’12/5/07 Signature Date Prk Title Mailing Address EO1.Unirn Strt,Suite 51(X) Seattle,WA 98101 2—322-4393 Phone Number 12/5/07-.s—-’,•—USignature Date IaxaE_Palaios Title Attony-in-Fact Mailing Address K)Eoc 370 Seattle,WA 98111-0370 a-’1%1—63J3 Phone Number PLEASE ATTACH A POWER OF ATTORNEY FOR SURETY AND COMPLETE THE FOLLOWING FOR THE PRINCIPAL (Notary Seal or Stamp for Principal) Tel (i73}.24-7200 I WER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE:ONE NEWARK CENTER,20TH FLOOR NEWARK,NEW JERSEY 07102-5207 KNOW ALL.MEN BY THESE PRESENTS:That iNTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing laws of the State of New Jersey and having its principal office in the City of Newark New Jersey does hereby constitute and appoint MARY A.DOBBS,HEATHER ALLEN,STEVEN W.PALMER,DAVID 3.FORSYTH,HOLLY E.ULFERS, ROXANA PALACIOS Seattle,WA. its true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,co1tracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,stature,rule,regulation,contract or otherwise,and the execution of such instrument(s)in pursuance of these presents,shall be as bindmg upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed,and maybe revoked,pursuant to and by authority of Article 3-Section 3,of the By-Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February,1974. The President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,shall have power and authority (1)To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, (2)To remove,at any time,any such attorney-in-fact and revoke the authority given. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April,1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 29th day of August,AD.2003. INTERNATIONAL FIDELITY INSURANCE STATE OF NEW JERSEY County of Essex Secreta On this 29th day of August 2003,before me came the individual who executed the preceding instrument,to me personally known,and,being by me duly sworn,said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE CO1WANY;that the seal affixed to said instrument is the Corporate Seal of said Company;that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors ofsaidCompany. IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal, at the City of Newark,New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov.21,2010 I,the undersigned.officer of INTERNATIONAL FIDELITY INSURANCE COI4PANY do hereby certify that I have compared the foregoing copy,of the Power of Attorney and affidavit,and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney,with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF,I have hereunto set my hand this day of D --Qi1,2c&1 Assistant Secretary