HomeMy WebLinkAboutLUA08-064-Surety Denis Law, • 1 -, Cl Off . 1
Mayor • k� .• J w, .„ iz..._1_ .. �� ��
,_ .7A :_
• - - - Department of Community and Economic Development -
• July.13, 2011. - Alex Pietsch,Administrator
Elwood B. Hollinger -
. . • Bank of America
300;Burnett Ave$ .
Renton, WA 98057 • • .
RE: Claim Against Assignment of. Funds (enclosed) for.Sensitive Area Restoration and •
Maintenance/Monitoring--King County Financial Activity Number A05BN428-and King County •
• Building Permit Number B05L1422, Parcel No-. 289270-0130,•17105 113th Avenue SE, Renton'
WA _
•
- Dear Mr, Hollinger: - '
The referenced required wetland buffer restoration was required by King.County in association
with the approval of a sensitiv areas alter
ation in 2005. A requirement of approving the . '. .
alteration was the posting of a:n$11,936:41 financial guarantee to assure the completion of the -
required mitigation work and to:provide for maintenance•and.monitoring of the impacted -
sensitive area. This installation:and monitoring has not been accomplished.:' •
This critical areas surety originally was provided to King County with building permit nurriber• • -
B05L1422'and has now been transferred to the City of Renton due to annexation of this -
property. See attached transfer letter-from King County dated March 17, 2011 and the
associated Sensitive.Areas Restoration Agreement for this project. : ' - -
According to King County Assessor.'s records,;the home that required the alteration was ,
constructed in 2008. In accordance with the attached sensitive areas agreement and the June - -
20;'2005 J.S:Jones and Associates plans approved by.King County on December 21,-2005,the . • -
fencing, signage, and plantings should have been completed prior to occupancy of the home. - - -
, Additionally,the Sensitive Areas Restoration Agreement requires that the applicant provide for '
3 years of monitoring pursuant to the 6:20-2005 J.S.Jones and Associates plans approved by_ -
King-County on.December 21, 2005: •
Renton City Hall: • 1055 South Grady Way • Renton,Washington 98057. • rentonwa.gov
-
Mr. Elwood B. Hollinger
.. July 13,:.201.1 . .
Page 2
The last known documentation from the.County was a January 12, 2009 file note stating that •
the reauired improvement installation had not yet:been:completed; In January of this year,the :
City did another inspection and found that the required plantings; signage; and fencing had not
yet been installed.,.We also sent a letter onFebruary.17;:2011 (copy enclosed)to the customer
-at the various addresses found in our files, but have not received any response:. ,
The failure of the customer,Thi:My Lin Luu under the name of Doan Investments,to comply
with the requirements for mitigation installation compels the City of Renton, as successor
agency to King County (see authority transfer letter attached),to enforce the County surety
bond, number A05BN428 and the terms of the Sensitive Areas Restoration Agreement. -
Please contact Laureen Nicolay of the Planning Division at 425-430-7294 within 30 daysof this
• notice and advise us whether you opt to:
1) remedy,the default; or
2) tender:to the.City of Renton. withinanfadditional 30 days,the amount of the surety bond.
If you elect option 1;please contact.Laureen for details of the required work and submittal
documents, or - , -
If you elect option 2, please send your check, payable to the City of Renton in the full amount of
the bond, to the above letterhead address,attention: Laureen Nicolay, no later than September
15, 2011. The City.of Renton will then arrange for the remaining unfinished tasks to be'
completed..A detailed accounting of the funds will be provided at the completion of the work.
If the cost of the:remaining tasks exceeds the amount of the defaulted financial guarantee,the
customer will be billed.for the remainder. If the amount of the financial guarantee exceeds the.
cost of completing the outstanding punch list items, the remainder of the financial guarantee
will be returned to•Bank.of America. - -
•
•
Mr. Elwood B. Hollinger
July 13, 2011
Page 3
•
If you have any questions regarding this letter, please contact Laureen at 425-430-7294 With. '
any questions: We look forward to hearing from you in the near future.
•
•
Sincerely,
•
C.E. "Chip" Vincent.
•Planning Director
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attachments: Assignment of Funds •
March 17,2011 Transfer Letter from King County •
Sensitive Areas Restoration Agreement , -
cc Rocale Timmons,Associate:Planner
Jennifer Henning,Planning Manager
Carrie Olson,Engineering Specialist
LinLuu - , . •
c/o Halimah Salaymang •
17105—113th Ave SE
Renton,WA 98055
Lin Luu
22115 Military Road S.
Sea Tac,WA 98198
Lin Luu
- 706 S 23`d Street - •
Renton,WA 98055 •
•
_ :in ((II W#R h Yl.4.. 5, :4;r;: /
1.
in` : 111tt4,:!. 1..1 ..ir .I\\i Y"i'lirx-7{UML�'�ftl o1 ..
•
k F.E ..if i[ C- tel k,„,- 4 i\'i l i V(`X�+-Fy -,` .
King County •t:.." of z.:--°ss4 i-s�tii �w.�'-.'i+A,.c e its+"+
•
Department of Development and Environmental Services ••
9000akesdale Avenue SW -
Renton,WA 98055-1219 '
, Financial Guarantee Activity No. A05BN428 Project No. . B05L1422
Name of Project Lun Residence
Location/Address of Project 17031-113th Avenue SE ' •
• Financial Institution s`L 0-1.11 .1v(— '
Financial institutions must be authorized to do business in the State of Washington
Applicant -I-k i My 1--(rl . L U U . • . • '
j-.
The above-referenced'Bank hereby certifies that the sum of S11,936.00 is on deposit with the Bankin Account .
Number 11,I 4 i4 14 under the name of Cx't,n "Tin V•�s'1'r rv+urJt5 to secure for King County
the APPLICANTS performance of certain work and conditions required in connection with the above-referenced project.
.THE CONDITION OF OBLIGATION is that: . . '
I. 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 APPLICANTS compliance with the '
terms of the Agreement.
IT IS FURTHER EXPRESSLY PROVIDED that '•` -• • •
1. The Bank hereby certifies and agrees that these funds will not be released without written instructions from an authorized agent of King
County.This Assignment of Funds is irrevocable and may not be terminated or cancelled by the APPLICANT or Bank for any reason except
upon specific written instructions froth King County. '
2, The Bank agrees'that these funds will be paid to King County within 10 days of receiving written notice that King County has determined that
requirements of the Agreement have not been satisfactorily performed within applicable time limits or that required fees have not been paid.
The Bank shall have no duty or right to evaluate the correctness or appropriateness of such notice or determination by King County and shall ,
' not interplead or in any manner delay said payment of funds to King County. Any unexpended funds shall be returned to the APPLICANT •
upon completion of the terms of the Agreement
• • 3. The obligations of the Bank and APPLICANT shall not be discharged and shall remain in effect in the event of any extension of time for the •
• APPLICANTS performance of the Agreement or of any amendment of the engineering plans used for construction of the project The Bank .
hereby waives notice of any such extensions or amendments.
4. The APPLICANTS obligation to perform the work or pay fees and other amounts is not limited to the amount of this Assignment of Funds.
5. In the event that this project becomes part of an incorporated area,King County may transfer its rights and obligations under this Assignment -
• of Funds and the attached Agreement to any successor jurisdiction without notice to the APPLICANT or Bank. .
•
B CIAL: BANK'S MAELING ADDRESS:
-1-06 (3 t lc • oP aryly,i,t c 4 . ,
(Signature) (Date) . 'zoo 3 u r ha• Gve.. S
. 1l.A.>01 13 Von ltt'nce24 tZett, -, (:=01i '8oss- 26.398.g6sZ '
(Print Name) Phone Number- i
State of Washington,County of King n -
' I certify that I..• • . een satisfactory evidence that V.tAr.91:CC( tk Eathet (Bank Official)signed this
instrument• ' ,,,•.,,;,•a� •. y to be his/her free and voluntary act for the uses and purposes mentioned in this instrument •
0. M .`
• A• o e, G
„• p7AA �, Dated: ' � �` O
(Notary.ea Sttdmp to Y %73 Q
•
Bank fc!al's sIgrhlllas)• i Signature of Notary Public: f , �/j '
. �il.lit10 Title: /e)�9 rca Pc)b(b'C.- . .
WASH to My appointment expires; � (. — t 0
. 'Iris the APPLICANTIS i'espgrisiiility to gg1i'King County ninny eliange•an address tsil piiois numuber;or c)tapge:of-oweeiship'of
• property. It is the APPLICANT'S responsibility-to arrange for replacement of any/iintliiianeiai:gtsiir•atitees•after%s7clisri'ge oi=ewuers'hip •
occurs. I
-, APPLI T: ' APPLICANT'S MA ING$DI)RESS:
g- - I- ° •�b4z S- 23 S,��} •
(sign. ^(Date) -• ei,t7 '. -t" `j ''. ,
L i tv LI,u(} I/-2.5-as'{-06 b
(Print Name) - Phone Number ti
State of Washington,County of King, • - q •
I certify that I - .Ji ave seen satisfactory evidence that 1 h i i f t .Lr r7 I,U el (APPLICANT)signed this
inshume (. e� it to be his/her free and voluntary act for the use and purposes mentioned in this instrument. :
O.d�04» Exo.a: 4 Dated: �,- -7 " o te_..L.c:n,-
• .(Not•• 1 or Star 11
Ap-,icapt's Signatgse}. Signature of gN�ottary-Public:
,ur�.��'tit3LLN'a:e Title: !v b ' P�11'C-. r.
AoFt.Nuk-ve 49atip`a�' My appointment expi : •
4o OF WASH
it;
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King County
Department of Development • '
and Environmental Services
900 Oakesdale Avenue Southwest _
Renton,WA 98057-5212
• 206-296-6600 TTY 206-296-7217 •
• March 17,2011
.Bank of America
300 Burnett Avenue S.
Renton,WA 98055
RE: Transfer of Critical Area Financial Guarantee
• DDES Project Number:B05L1422 Project Title: Luu Residence restoration •
•
Dear Sir: •
The above referenced project is now located within the City of Renton,per the Benson Hill Annexation
• effective as of March 1, 2008. This project had a fmancial guarantee posted with King County to ensure
completion of various critical area site improvements.Our records indicate that the following assignment -
. of funds account was established to meet the County's financial guarantee requirement. Because King •
County no longer has jurisdictional authority over this project,we have transferred the following financial•.
• guarantee to the City of Renton as of January,2009:
Critical Area(aka Sensitive Area)Restoration assignment of funds in the amount of$11,936.00,
held by Bank of America,in account number 14144414,under the name of Doan Investments, •
DDES activity number A05BN428.
By copy of this letter,King County is authorizing the release of any obligation by King County DDES •
attached to the above assignment of funds and transferring that obligation to the City of Renton.
I have enclosed a copy of the original financial guarantee forms and agreement for your use.
If you have any questions regarding this.transfer,please contact me at,206-296-7250 or email
fgmu.ddes@kingcounty.gov.
• Sincerely, •
arol Rogers •
Fiscal Speciali ,DDES Finance
I
Enclosure •
cc: City of Renton,Laureen Nicolay 1055 S Grady Way Renton,WA 98057
Lin Luu 706 S 2311'St.Renton,WA 98055
Kim Simpson,Business and Finance Officer,DDES Finance
Financial Guarantee File
•
. •'0 ' . . 1
Xing County Department of Development -
' and Environmental Services
• 900 Oakeadale Avenue SW
•
• Renton, WA 98055-1219
SENSITIVE AREA RESTORATION A/pfplicant'a Name
and Ad
�f
d
/re
ss '
•. AGREEMENT "'` D�LC,i C�%"/ann�dd"'Ci' /.)
AGREEMENT Number Project/Permit Number and Name
A058N428 805L1422 - Luu Residence •
Guarantee Amount Site Location/Section
• $11,936. 17031 - 113th Avenue SE
Thi: 5 is made ancc� kter •
ed into this _� day of .
it1[Ap� , 20(J (Effective date) between the King County Department '
of D-ve .pment and Environmental Services, hereinafter;called the COUNTY, and the
. above na ed 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.
• ' IBasis 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
representativee,augceseors, and assigns, as follows:
Tames 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 issuance of any occupancy -
certificate (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. • i {
• 6. The APPLICANT shall implement all necefy '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 ie 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 6S- 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.
•
• .
• • BiNit•
A0511N429
•
•
Sensitive Area.,Reetoration 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 three years •
after the COUNTY approves installation. If the project site does not meet the •
. performance standards established in the mitigation plan, the COUNTY may extend the
monitoring period until those performance standards have been met.
9. Prior to the COUNTY's approval and authorization of construction, the
APPLICANT.shall poet a financial guarantee in an 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'° obligation to perform work and pay fees and other amounts is not •
limited to the amount ofs 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 released until three 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 DUES or his/her designee. •
•
IN WITNESS THEREOF, the parties hereto have executed this AGREEMENT as of the day
and year-first above written. , p •
APPLICANT
PLICANT /�— 1 �( (TITLE: �riiv7T/7 l_
DATE: ' /- (F -
Received for g Coun,(`ty�7
•
BY: (,�!�/ �`1/ TITLE: ftC
•
DATE: •
•
ACTIVITY NUMBER
Denis Law:
- •
• Mayor Crf _ -O•�.
. - � r �
Departmentof Community and Economic Development• •-
scfi,,Administrator. .
• � - •Alex Piet .. . ... -• ..
- February.17, 2011 •
'Lin.Luu.
22115 Military Road S. ,
-Sea Tac; WA 98198 •
-• RE: Sensiitive.Ar.ea Restoration and Restoration Surety—King County Financial Activity-Number' '
A05BN423 ='and King County Building Permit Number L05G1273, Parcel No: 2892700130.
Dear Ms, Luu
:I understand that you have requested,release of the $11;936.41critical areas surety originally:.
provided to King County with permit L05G1273 and.now transferred to the City of Renton due -
to.:ann-exation of this property. - -
•, The last known documentation from the County was a January 1:2,.;2009 file note stating that
. .the required improvement installation had not..yet•been completed The City also,recently.did • ' •
-an:inspection and found that the required plantings,signage, and fencing has not yet been -
In.order to have the surety released,the installation and:3 years of monitoring must be :; '
-. completed per"the-J.S:Jones and Associates plans as•approved,by'King:County on:12/21/05. •
Please install the..required improvements and advise us of the completion.. - •
If you have not submitted evidence of iinstallation.by April 18th,it will be necessary for the City -
to.utilize,your surety to cover the.costs of contracting:to:have the required improvements • • '
installed:
•
Renton-City.Hall • 1055 South Grady Way • Renton,Washington 98057.=• rentonwa,gov ; :
•
Ms. LinLuu . " •:
:- February 17,.2011*. - : , .. "•.
Page 2'. . •
-• . ..*Please feel free to contact me at 425-430-7294 with any questions. We look forrward•to hearing ••
• from you in the near future. -•
Sincerely,
y `
' Laureen,Nicolay,Senior Planner • • •. , • - - : . • . • _
.. cc RocaleTimrnons, Associate Planner • :
' .• Jennifer Henning, Planning Manager. :
Carrie Olson,."Engineering Specialist • - •
.: - Halimah"Salaymang. . •• • •
17105.-113th Ave SE
Renton, V1/A .' : . . .. .
•
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