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HomeMy WebLinkAboutLUA09-066-Surety f t� nis Lawl.n,. . .. .. . . Dei Mayor ' . it . Community&Economic Development C.E."Chip"Vincent,Administrator December 4,201$ • GMP Homes Renton, LLC 11317 NE 120th Street Kirkland,WA:98034 SUBJECT: RELEASE OF POWER OF ATTORNEY AND LANDSCAPE BOND#08906418 LA FORTUNA TOWNHOMES/CITY OF.RENTON LAND USE FILE LUA09-066 KING COUNTY FILE BO3DC001/A07BN275 Dear Sir/Madam: This letter will serve as authorization to release the Power of Attorney from Fidelity and Deposit Company of Maryland and tandscape Bond#0890418 issued to GMP Homes Renton, LLC on November 5, 2007 in the amount of 155,607.00.These items were posted to the City of Renton on behalf of the La Fortuna Townhomes project. Enclosed are the original documents for your reference. If you have any questions, please contact the project manager,Jeffrey Taylor at(425);430-7246. Sincerely, Jennifer Henning Planning Director Enclosure(s): Landscape Bond#08906418. . Fidelity&Deposit Company of Maryland Power of Attorney cc: Jeffrey Taylor,Assistant Planner. Vanessa Dolbee,Current Planning Manager Zurich North America—Commercial Surety Division 1055 South Grady Way,Renton,WA 98057• rentonwa.gov • • f•. `, AGE<.. �`MENT TO INSTALL ' King County RECREATION EQUIPMENT:&/or • Department of Development and Environmental Services INSTALL & MAINTAIN : : 900 oa esaale Avenue SW l LANDSCAPING .FOR A.BUILDING, Renton,WA 98055-1219 Sr • ' . PERMIT APPLICANT'S Name APPLICANT'S Address G NA P -IcAn es 7c�ff+1 L Lc 113 f M E 126h" S-i- lam,�/ 14 l c,..-td LA.14 Activity Number Project Number and Name R$634 A07BN275 BO3DC001/X0001279-LaFortuna Townhomes Guarantee Amount Site Location/Section $155,607 Par 10739000020 This AGREEMENT is made and entered into this/Id day of ,20'between the King County Department of Development and Environmental Services(or its s ccessor agen ,hereinafter called the COUNTY, and the above named APPLICANT,hereinafter called the APPLICANT. Basis for the AGREEMENT: WHEREAS the undersigned APPLICANT is required to install landscaping and/or recreational equipment for the referenced project,and; WHEREAS the APPLICANT has agreed to install and maintain the attractive appearance and healthy growing conditions of the landscaping for the referenced project pursuant to King County Zoning Code Title 21A,and;27A. 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 or his representative shall,within THREE MONTHS following issuance of certificate of occupancy for the project,complete all required landscaping and/or install recreational equipment in full compliance with the approved project landscape and/or recreational equipment plans,including any approved amendments thereto. All work shall be completed in conformance with the approved plans and to the satisfaction of the COUNTY. All•landscaped areas shall be planted according to accepted practice,in good soil with adequate water available. The landscaping installed by the APPLICANT or his representative 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. 2. The financial guarantee shall be required for a minimum period of two years after the COUNTY's approval of the installation of the required landscaping. This time period may be extended by up to one year by the COUNTY,if necessary,to cover a planting and growing season. 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 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 workmanship or materials of the recreation equipment and/or landscaping,the APPLICANT or guarantor shall promptly and adequately repair,replace,and/or correct the failure or defect. 5. The APPLICANT shall complete the installation of all recreation equipment and/or landscaping 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 APPLICANT shall notify the COUNTY in writing when a?T landscaping is implemented in accordance with the approved plans and specifications. 7. The COUNTY must approve(in writing)any APPLICANT proposed change of work from the approved plans prior to the APPLICANT beginning such work. 8. The APPLICANT shall be obligated to complete all requirements of this Agreement,which obligation shall not be limited by the amount of the financial guarantee. 9. 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. 10. 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. 11. The APPLICANT hereby grants to 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. 12. 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 if such claims are caused by or result from concurrent negligence of the APPLICANT and the COUNTY,its 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, it'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 situation 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 financial guarantee shall not be released until all terms of this AGREEMENT have been satisfied to the satisfaction of the Director of the Department of Development and Environmental Services. IN WITNESS THEREOF,the parties hereto have executed this AGREEMENT as of the day and year first above written. APP A VAcattc -,/. 1 'I 5 - 07 By Title - / /g. d E ar,jfo7 Date h• �l t 6JRETY BOND King County Department of Development and Environmental Services , , 900 Oakesdale Avenue SW Renton,WA 98055-1219 Financial Guarantee Activity No. A07BN275 Bond No. 08906418 Name of Project LaFortuna Townhomes Location/Address of Project Parcel 0739000020 Bond Project No. BO3DC001/X0001279 Amount $155,607 WeGMP Homes Renton LLC , as Principal andFidelity & Deposit Company of Maryland a corporation organized and existing under and by virtue of the laws of the State of Maryland 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 Fifty Five Thousand,six hundred seven 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 & Maintain Landscaping for a Building Permit", 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 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. r. t< `II` N Page 1 of 2 Page2of2 PRINCIPAL:oi Homes Renton LLC SURETY:Fidelity & eposit Company of Maryland 11/5/2007 �11/.5/2007 Signature► Date Signature Date 14 t0.vAc CS)24 . Gres Icier S� Debbie Lindstrom, Attorve s.c n-Ft �s l Title Title Mailing Address Mailing Address 11317 NE 120th Street 999 3rd Avenue, Ste 800 Kirkland, WA 98034 Seattle, WA 98104 425-822-9207 206-892-9200 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 G r rye e rq as signed this instrument and acknowledges it to be his/her free and voluntary n de act for the ust's and purposes mentioned in this instrument.(Notary Seal or Stamp for Principal) Dated: co'-en'z he_I-- 6, 2007 ���""‘"%+r�� Signature of Notary Public �tJ Bq �/ ‘=S‘oN Al'h �i Title: Z O fiG QG -cciZcZ2 C-C ®--/ • ' - My appointment expires: % i 1. o �hs 'J;�4ltll �2 `p�\ i Financial Guarantee Activity Number: • SURETY.doc(10/99) A 0 71IN275 5 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by THEODORE G.MARTINEZ,Vice President,and GERALD F.HALEY,Assistant Secretary,in pursuance of authority granted by Article V1,Section 2,of the By-Laws of said .any,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d. a ereby nominate, constitute and appoint Kathleen M.MITCHELL,Debbie LINDSTRO ' ;t + • 1 of Redwood City, California, EACH its true and lawful agent and Attorney-in-, - to it T or,and on its behalf as surety,and as its act and deed: any and all bon a. f{+� r� • gs •,ram-calm o such bonds or undertakings in b'pursuance of these presents,shall be as ': - a+o.om s , . ply,to all intents and purposes,as if they had been duly executed and ac.•••.y �� ere o i ers of the Company at its office in Baltimore,Md.,in their own proper pe �y p 1+. •f o issued on behalf of Kathleen M.MITCHELL,Jenell TURNER,Debbie J - I , :,: , 005. The said Assistant Mites-•y.es :e-eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, 1�+Section 2,of the By- s . said Company,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 17th day of October, A.D.2007. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND to DEPps, l.�•�4f C• O G By: Gerald F.Haley Assistant Secretary Theodore G.Martinez State of Maryland ss: City of Baltimore f On this 17th day of October, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GERALD F. HALEY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. • 1 .• • N . ��_A.✓ria�l�- Constance A. Dunn Notary Public My Commission Expires: July 14,2011 POA-F 016-2128M _ EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section.2.The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executiv Committee, shall have power, by and with the concurrence of,the,Secretary-or any of the Assistant-Secretaries;to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the,business-,of the Company may r quire, or to .authorize any person=or persons;to execute on-behalf of*Company any,bonds,.undertaking,recognizances stipulations, policies, contracts; agreements,'deeds, and releases and assignments of judgements, decrees, mortgages and.' struments in the nature of mortgages,...and to affix the seal of the Company-thereto." • • CERTIFICATE • I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do h-reby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do farths, certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents speciall authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By- aws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. • This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following res.lution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced.seal of the company and facsimile or echanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made eretofore or hereafter, wherever 'appearing upon a certified,copy of:any:power.of attorney issued by;the Company, shall o e valid and binding upon the Company with the same force and effect'as tliough,manuallyaffixed.-"..: • . IN TESTIMONY WHEREOF,..I have hereunto subscribed.my name and affixed the corporate'seal of the said Company; this J'" day'of ..'MDfr7 ) `' e;'`.r„ jg_c:„ • Assistant Secretary --- —------ , \ ,-- , TIIIIII.11.1117 ___ __ 7gri, , - - • cn Vi:! ."7 144 U.S.t'Ub---------, -:,•:DITNEYBov,,- Luc'CD • :di ___.,••• '...2 City of Renton .:c ,L • . ,. „_. - % t!,.4.,.. L,, k,............„ Community&Economic Developmentim,,, .6r...-KR. 1055 South Grady Way u)1-- r 7.111. . ZIP 98057 $ 000•459 :- -•' Renton WA 98057-3232 .a.a.. 41C:Allgi ''.7 :4 0000363966 JUN. 06. 2019 • GMP Homes 9284 NE 125th Place Kirkland, WA NIXIE FE" 1,03"6 6 02 61/,'11.:•1 1.9 j ' - ' 4 • R=TI-1 R N •TO <F:•N r's R •.1 ATTE 11P.TE.D - •NOT KNOWN . I UNABLE TO FORWARD 1 I AN K EC: 93057323255 *0426-0 71eta-e7-za G al. Emearawee- 94$e:31 11.1111111.1111.11.11111i11111111d1111111111111.11111)11qt.hit!iih 1 -- ,._ ..^ ZURICH December 11, 2008 Mr. Ken Glasby CITY OF RENTON Engineering Specialist RECEIVED City of Renton City Hall DEC 12 2008 1055 South Grady Way, Gh Floor • Renton, WA 98057 BUILDING DIVISION RE: GMP Homes Renton LLC. -Request for Release of Surety Bonds . Dear Mr. Glasby, Our client GMP Homes Renton LLC supplied various surety bonds to secure improvements to Parcel 0739000020/Project No. BO3DC001/X0001279 to King County Department of Development and Environmental Services. It is our understanding that this development has now come under the management of the City of Renton. It is also our understanding that our client GMP Homes Renton, LLC sold this property to Habitat for Humanity.We therefore are requesting release of our surety bonds.These include: Zurich North America Commercial Surety Division Bond No. 08906418 Agreement to Install and Maintain Landscaping $155,607. Q la • Bond No. 08906416 Agreement to work in the right of way $30,088 Ph . 999 Third Avenue;Suite 800 Bond No. 08906417 Sensitive Area Restoration Agreement $15,937 Seattle,WA 98104 Bond No. 08906419 Maintenance and defect Agreement for Public Roads $2,211 http://vnvw.zurich.com Please process this request in an expeditious manner. We thank you in advance for your Direct Phone(206)346-2615 assistance. Direct Fax(206)346-2622 E-Mail Kathy.s.Wilson@zurichna.com Sincerely, KeLY-fikAl tV-0-4-e) / •‘- `E • -itere-c•-•- cEe Kathy Wilson • Zurich North America Coo nn Ir'lla- rj Commercial Surety • xaU . I�-na M) Carrie Olson From: Kenneth Glasby Sent: Thursday, December 11,2008 10:13AM To: Carrie Olson Subject: FW: GMP Homes Renton LLC Attachments: GMP Homes release request.doc FYI Original Message From: Kathy S Wilson [mailto:kathy.l.wilson@zurichna.com] Sent: Thursday, December 11, 2008 9:49 AM To: Kenneth Glasby Subject: Fw: GMP Homes Renton LLC Forwarded by Kathy S Wilson/ZI/USA/Zurich on 12/11/2008 09:48 AM Kathy S Wilson/ZI/USA/Zur ich To KGlasby0rwa.gov 12/11/2008 09:21 cc AM DebbieL)abdi.com Subject GMP Homes Renton LLC Dear Ken, Attached is our request for release of surety bonds. An original document will follow by mail. Sincerely, Kathy Wilson Zurich North America Surety 999 3rd Avenue Suite 800 Seattle, WA 98104 (206) 346-2615 phone (206) 346-2622 fax kathy.s.wilson@zurichna.com (See attached file: GMP Homes release request.doc) 1 ******************* PLEASE NOTE ******************* This E-Mail/telefax message and any documents accompanying this transmission may contain privileged and/or confidential information and is intended solely for the addressee(s) named above. If you are not the intended addressee/recipient, you are hereby notified that any use of, disclosure, copying, distribution, or reliance on the contents of this E-Mail/telefax information is strictly prohibited and may result in legal action against you. Please reply to the sender advising of the error in transmission and immediately delete/destroy the message and any accompanying documents. Thank you. ******************* PLEASE NOTE ******************* This E-Mail/telefax message and any documents accompanying this transmission may contain privileged and/or confidential information and is intended solely for the addressee(s) named above. If you are, not the intended addressee/recipient, you are hereby notified that any use of, disclosure, copying, distribution, or reliance on the contents of this E-Mail/telefax information is strictly prohibited and may result in legal action against you. Please reply to the sender advising of the error in transmission and immediately delete/destroy the message and any accompanying documents. Thank you. 2 King County Department of Development and Environmental Services 900 Oakesdale Avenue Southwest I Renton,WA 98057-5212 206-296-6600 TTY 206-296-7217 September 3, 2008 City of Renton Attn: Kayren Kittrick 1055 South Grady Way Renton, WA 98057 RE: Transfer of Financial Guarantees DDES Project Number: BO3DC001 Project Title: LaFortuna Townhomes Dear Ms. Kittrick: The above referenced project is within the City of Renton and has financial guarantees posted to ensure completion of various site improvements. Because King County no longer has jurisdictional authority over this project, we are transferring the following financial guarantees to the City of Renton: Right of Way Site Restoration assignment of funds in the amount of$7,500, held by Shoreline Bank, in account number 502009012, under the name of LaFortuna, activity number A05BN212. Right of Way Site Restoration surety bond in the amount of$30,088, issued by Fidelity& Deposit Company of Maryland to GMP Homes Renton LLC, DDES activity number A07BN274. Landscape and/or Recreation Equipment Installation & Maintenance surety bond, number 08906418, in the amount of$155,607, issued by Fidelity& Deposit Company of Maryland to GMP Homes Renton LLC, DDES activity number A07BN275. Sensitive Area Restoration surety bond, number 08906417 in the amount of$15,937, issued by Fidelity & Deposit Company of Maryland to GMP Homes Renton LLC, DDES activity number A07BN273. Maintenance and Defect Agreement surety bond, number 08906419 in the amount of$2,211, issued by Fidelity& Deposit Company of Maryland to GMP Homes Renton LLC, DDES activity number A07BN326. By copy of this letter, King County is hereby transferring the above guarantees to the City of Renton. I have enclosed the original financial guarantee forms and agreements for your use. If you have any questions regarding this transfer, please contact the Finance hotline phone at 206-296-6659 or email fgmu.ddes@kingcounty.gov: Si cerely regory Finance Manager Enclosure cc: GMP Homes Renton LLC Shoreline Bank Fidelity& Deposit Company of Maryland Financial Guarantee File King County Permit Status: RECEIVED Department of Development Date Printed: 09-02-2008 and Environmental Services 900 Oakesdale Avenue Southwest Application Date: 05/23/2005 Renton, Washington 98057-5212 Approval Date: Issued Date: Application Number: A05BN212 Applicant: $37,588 REST FG Location: Site Address: Permit Type: BOND , REST Title: $37,588 REST FG Description: la fortuna townhouses The following holds, notices, and comments have been entered. GRAVESS 07/25/2005 GRAVESS changed status to RECEIVED on 07/25/2005 (added by script) ROGERSCA 05/21/2008 Recd only a partial replacement fg, $30,088 surety in A07BN274; still need replacement for $7500; processing a partial release on the surety only; emailed both previous owner and new owner 5/21; release letter for surety to EGRE 5/22 for signature. GREGORYE 05/22/2008 Signed FG replacement/release Itr dtd 05/22/08 ROGERSCA 05/22/2008 Release/replacement letter for surety portion only mailed 5/22 ROGERSCA 06/02/2008 Recd call from Lee Brannam 6/2; new owner is now Habitat for Humanity; he is aware that all fg's must be replaced again. ROGERSCA 09/02/2008 Project incorporated into the City of Renton (per Jeff Pray, city specifically requested this project), per annexation effective a/o 3/1/2008. File given to Jeff Pray to be delivered. AOF still active; waited for receipt of$7500 cash bond deposit from GMP Homes in activity A07BN274 (check never recd before transfer). FESSENDE 03/01/2008 Annexed to the City of Renton effective March 1, 2008, city ordinance 5327. King County Department of Development and Environmental Services 900 Oakesdale Avenue Southwest Renton,WA 98057-5212 May 22, 2008 La Fortuna Townhomes, LLC Attn: Karl Best P.O. Box 1790 Snohomish,WA 98291-1790 RE: Financial Guarantee Replacement DDES File Number: BO3DC001/X0001279 Project Title: La Fortuna Townhomes Dear Mr. Best: The Finance Section has received replacement financial guarantees for the above referenced project by the new applicant, GMP Homes LLC. Therefore,the following financial guarantees have been replaced may be released: Right-of-Way&Site Restoration surety bond number 5755S, in the amount of$30,088, issued by Indemnity Company of California to La Fortuna Townhomes, LLC, DDES activity number A05BN212. The$7,500 assignment of funds portion of this guarantee will be released when DDES receives the replacement cash bond deposit by the new owner. Sensitive Area Restoration surety bond number 575549S, in the amount of$15,937, issued by Indemnity Company of California to La Fortuna Townhomes, LLC, DDES activity number A03BN460. Landscape/Recreation Equipment surety bond number 575550S, in the amount of$155,607, issued by Indemnity Company of California to La Fortuna Townhomes, LLC, DDES activity number A05BN250. By copy of this letter, King County is hereby authorizing release of the above guarantee(s). The original document(s)will be forwarded to your surety company. If you have any questions regarding this release, please contact the Finance billing hotline number 206-296-6659 or email fqmu.ddeskinqcounty.gov. Si Icerel , ►li e .ory Finance Manager • cc: Indemnity Company of California 9750 3Rd Ave NE,#305 Seattle,WA 98115 D.S. Strong 10604 NE 38th PI#101 Kirkland WA 98033 Financial Guarantee File ' 4 ASSIGNI'VI`NT OF FUNDS TO KING COUNTY KingCounty _...... ._.:......._..__...._. .... ..._..._ .. _._i Department of Development and Environmental Services 900 Oakesdale Avenue SW Renton,WA 98055-1219 Financial Guarantee Activity No. A05BN212 Project No. B03DC001/X0001279 Name of Project La Fortuna Townhouses Site Location Parcel 0799000020 Financial Institution Shore-t(1 e. .f R�-- Financial institutions must be authorized to do business in the State of Washington Applicant ' l ( 25e, The above-referenced Bank hereby certifies that the sum of$7,500.00 is on deposit with the Bank in Account Number] O2W O 12- under the name of L Fnd+3(1Ch to secure for King County the APPLICANT'S performance of certain work and conditions required in connection with the above-referenced project. THE CONDITION OF OBLIGATION is that: 1. The APPLICANT has executed an"Agreement"entitled"Agreement to work in the right of way and/or construct improvements pursuant to any permits or approvals granted OR stabilize the 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. 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 from 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 APPLICANT'S 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 APPLICANT'S 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. BANK OFFICIAL: BANK'S MAILING ADDRESS: (Signatur (Date) I 014 et;14 9V53 31264 cam. /Dig Pi %LW. V. ie -9/9. 49-S27 - (Print Name) Phone Number State of Washington, .(11,g4gilsging — I certify that I kn�� of fee ��rt sfactory evidence that-- e" Yl hA.✓r-+ (Bank Official)signed this instrument and aa'cnq'y id s,il,7 eillis/her free and voluntary act for the uses and purposes mentioned in this instrument. lsw4�',d;�,y 'r . 4 oT,��5�,,�s • Dated: ` - I o (Notary Seal c - t jp for . i% t /12 Bank Officia tat'i ) : ; Signature of Notary Public — �FO •f�����' �� Title: '�/i24�,' 41— ss►sv.,\ti'..' My appointment expires: �1 ci 1 o 9 It is the APPLICANT'S responsibility to notify King County of any change in address,telephone number or change of ownership of property. It is the APPLICANT'S responsibility to arrange for replacement of any/all financial guarantees prior to any change of ownership. APPLI ANTT: APPLICANT'S MAILING ADDRESS: /��--C, 7-1 ,-0 5-- o.fox /79'0 (Signature) (Date) l-a �na41uv`a 1"01,0v%}Aosua,5 1.L6 Sp, Liaar/isLi ) l'�/9 9 e s/ KAl2 L a es+ 1/.2 23 8- 983/ (Print Name) Phone Number - State of Washington,Countpfl in,$, i.(a%) b-es 4 i s au. si4vuza a al I certify that I know or hake seen s'gttsffac'l9i y_-evidence that pve• La c'o,e.--u,nGt �ap�t l�ottiee S L1C (APPLICANT)signed this instrument and ackngw%ed es�°ip bb;�<lats ,,free and voluntary act for the uses and purposes mentioned in this instrument. % se 1,0 r�ss:oat fr G.ttZt��AR®� Dated: 7,/g�05' (Notary Seal or Stamp for N & Applicant's Signature)® b O m 4 Signature of Notary Public:CM PUBLIC le °��,..„7,0, .t„eect, Title:Ab ? ,, AOFUNDS.doc(10/99) % .'0p"°"°a ^���lJ®�® My appointmeent expires: 6-3 King County Permit Status: TRANSFER Department of Development Date Printed: 09-02-2008 and Environmental Services 900 Oakesdale Avenue Southwest Application Date: 08/13/2007 Renton, Washington 98057-5212 Approval Date: Issued Date: Application Number: A07BN274 Applicant: $37,588 REST FG-INC $7500 CASH DEPOSIT Location: Site Address: Permit Type: BOND , REST Title: $37,588 REST FG-INC $7500 CASH Description: LaFortuna Townhomes-new owner replaces A05BN212 The following holds, notices, and comments have been entered. ROGERSCA 08/13/2007 Recd ctas form with new owner's name, GMP Homes Renton LLC, Greg Prendergast; requirement letter mailed 8/14/07-this will replace A05BN212 ROGERSCA 10/22/2007 Per request from Tina/GMP Homes, forms mailed to surety co. ABD Ins.Financial Svcs, Debby Lindstrom; agmt, cash, & surety ROGERSCA 01/17/2008 Guarantee forms recd 1/17/08; status to remain at ret/wci until we receive the $7500 cash deposit check; spoke with Lee/GMP homes & he will be sending check in next week ROGERSCA 01/17/2008 ROGERSCA changed status to RET/WCI on 01/17/2008 (added by script) ROGERSCA 06/02/2008 Recd call from Lee Brannam 6/2; new owner is now Habitat for Humanity; he is aware that all fg's must be replaced again and that the $7500 replacement has not been recd by GMP Homes ROGERSCA 09/02/2008 Project incorporated into the City of Renton (per Jeff Pray, city specifically requested this project), per annexation effective a/o 3/1/2008. File given to Jeff Pray to be delivered this date. This guarantee is not complete; GMP Homes never posted the $7500 cash bond deposit. ROGERSCA 09/02/2008 ROGERSCA changed status to TRANSFER on 09/02/2008 (added by script) FESSENDE 03/01/2008 Annexed to the City of Renton effective March 1, 2008, city ordinance 5327. . LAtII King County I Agreement to Construct Improvements and Applicant's Name and Address Stabilize and/or Restore the Right of Way G3 F c s z "Sn, �C- and/or Site 1 - r K-1 e.v,,1 WO 9 o 3 y Agreement Number Project Number and Title: A07BN274 B03DC001/X0001279-LaFortuna Townhomes Guarantee Amount Site Location: $37,588 (includes $7500 cash deposit) Parcel 0739000020 This agreement is made and entered into this 4441ay of 1,, a. , 20gbetween the King County Department of Development and Environmental Se ces or any ccessor 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 years 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. A07BN274 • 1 1 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. The first $7,500 of the guarantee shall be in the form of 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 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 WITNESS THEREOF, the parties hereto have executed this AGREEMENT as of the day and year first above written. APPLIC NT 11 Y Ick I( s-63 By Title Date 14747 Receiv for King Cou By Date REST. 10/14/02 A07N274 N 274 .t� 2 . SASH DEPOSIT-T-= King County 3 TO KING. COUNTY Department of Development and Environmental Services 1 900 Oakesdale Avenue SW _......._._ Renton,WA 98055-1219 Financial Guarantee Activity No. A07BN274 Project No. BO3DC001/X0001279 Name of Project LaFortuna Townhomes Location/Address of Project Parcel 0739000020 Applicant Cs M e Ic es �es-15 L L C The APPLICANT hereby 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: 1. 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 I, , an employee of King County, certify that the above referenced funds have been received by King County. APPLICANT: APPLICANT'S MAILING ADDRESS: 1I311 ME I2 S-f-`/- (Signature) (Date) V-ir'�pl exa I, )II-- o18o 3 T' reS ti-e"Cle--( cs y) ezy '72oa- (Print Name) 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 req A'e12cle '7acS 71• signed this instrument and acknowledges it to be his/her free and volu eary act for the us'-ds and purposes mentioned in this instrument. ,,‘\‘\11411)1j (Notary Seal or St- '+\�M��,e�L1////, Dated: `lo-i -en'l beI 8/ Zao 7 6d �14 +0 ���A%/41Y / Signature of Notary Public:\ - i �O os i ry 5-t/a-6r i A f.u Title: �G� GYM�! •//,c�p�ih,% oa a My appointment expires: �/,.14/6 CASHDEPIoc(la+`9) to 1 . L k 274 3} ° '-.-U RETY BOND King County Department of Development and Environmental Services 900 Oakesdale Avenue SW Renton,WA 98055-1219 Financial Guarantee Activity No. A07BN274 Bond No. 08906416 Name of Project LaFortuna Townhomes Location/Address of Project Parcel 0739000020 Bond Project No. BO3DC001/X0001279 Amount $30,088 We GMP Homes Renton LLC , as Principal and Fidelity & Deposit Company of Maryland a corporation organized and existing under and by virtue of the laws of the State of Maryland 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, eighty eight and 0/100 dollars for the payment of which we firmly bind ourselves, and our legal representatives, successors and assigns,jointly and severally. THE CONDITION OF OBLIGATION is that: 1. The Principal as Applicant has executed an "Agreement" entitled "Agreement to work in the right of way and/or construct improvements pursuant to any permits or approvals granted OR stabilize the site as required", 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 co>4ipletion 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. A 07N274 it Page1of2 2 rr7 Page 2 of 2 PRINCIPAL: GMP Homes Renton LLC SURETY:Fidelit & Deposit Company:,:Cif ,Maryland . 11/5/2n07 / ` 1,1/5/2007 , Signature Date Signature Date Q'es tJ. cs d✓lcvn c Debbie Lindstrom, Attorney-in-Fact Title , Title Mailing Address Mailing Address 11317 120th Street 999 3rd Avenue, Ste 800 Kirkland, WA 98034 Seattle, WA 98104 425-822-9207 206-892-9200 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 / L I certify that I know or have seen satisfactory evidence that Gi'eq �"e�,��r q 7 signed this instrument and acknowledges it to be his/her free and volurtlary act for the usbsi and purposes mentioned in this instrument. // r/ (Notary Seal or Stamp for Principal) Dated: e-ver12,f�1(rk- g zoo tiat911f � Si ��/ Signature of Notary Public: �� cl s �o t Ai %�' i Title: T/'v Gl ALPH-WeS S �v i _ . _ N__. : Of/0My appointment expires: Financial Guarantee Activity Number: SURETY.doc(10/99) • Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by THEODORE G.MARTINEZ,Vice President,and GERALD F.HALEY,Assistant Secretary,in pursuance of authority granted by Article V1,Section 2,of the By-Laws of said •• •.ny,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d. y + ,7�1 ereby nominate, constitute and appoint Kathleen M.MITCHELL,Debbie LINDSTRO �. : „� `t r 1 of Redwood City, California, EACH its true and lawful agent and Attorney-in- ("�' `�ute I 1� T!or,and on its behalf as surety,and as its act and deed: any and all bon 1.,• i r t c gs . ,I ,,rIV-osuch bonds or undertakings in pursuance of these presents,shall be as b�' 1���: I, om -t4co `! sly,to all intents and purposes,as if they had been duly executed and ac,.., +;:�J"'''' ere o'-i ers of the Company at its office in Baltimore,Md.,in their own proper pe r t ro p. - .f. •o issued on behalf of Kathleen M.MITCHELL,Jenell TURNER,Debbie 1`� *- .. 64. 005. The said Assistant :a Oftes .e eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- rs + said Company,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 17th day of October, A.D.2007. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND ,gyp DEPpsfi �� rcP�ro►v, o see •W nl� By: Gerald F.Haley Assistant Secretary Theodore G.Martinez State of Maryland ss: City of Baltimore f On this 17th day of October, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GERALD F. HALEY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. <%i,i;i:i %t ,.* 'nm lru\\` Constance A. Dunn Notary Public My Commission Expires: July 14,2011 POA-F 016-2128M . . EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of iI e Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive C o mmittee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoin Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may requ e, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, sti•ulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and ins• ents in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do here certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further c-rtify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially . thorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-La' s of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolu on of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called an' held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made her:tofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be alid and binding upon the Company with the same force and effect as though,manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Co pany, this E3 day of JQ.t/2 ,t1 0—C , �—EJ gx:„ Assistant Secretary != y • • `✓. • King County - / Department of Development �/ and Environmental Services 900 Oakesdale Avenue SW Renton,WA 98055-1219 SENSITIVE AREA RESTORATION Applicant's Name and Address C AGREEMENT '"tlp 1I044eS ` Ian I L _C �13i7 NE i 20+4 S+-. K r1--14•-cl WA- gea3y AGREEMENT Number Project/Permit Number and Name A07BN273 B03DC001/X0001279-LaFortuna Townhomes Guarantee Amount Site Location/Section $15,937 Parcel 0739000020 This AGREEMENT is made and entered into this /7 a- . day of , 20d (Effective date) between the ing County of Development and. Environmental Services, hereinafter called the COUNTY, and the above named applicant, hereinafter called APPLICANT. All references in this AGREEMENT to the APPLICANT. shall include the APPLICANT and its successors and assigns. All references in this AGREEMENT to the COUNTY shall include King County and its successor political jurisdictions. Basis for 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/o.r 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. 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. 8. The APPLICANT shall perform monitoring and maintenance as set forth in the mitigation plan so as to create healthy growing conditions for 5 years after the COUNTY approves installation. If the project, site does not meet the performance standards established in the mitigation plan, the COUNTY may extend the monitoring period until those performance standards have been met. 9. Prior to the COUNTY's approval and authorization of construction, the APPLICANT shall post a financial 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's obligation to perform work and pay fees and other amounts is not limited to the amount of the associated financial guarantee. Sensitive Area Restoration Agreement Page #1 Ati7N27 " • 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 5 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 ove written. BY: TITLE: p1/1 G..vL C Q�„� DATE: �l Received f King C y BY: G TITLE: DATE. C%;� ACTIVITY NUMBER a 0 1)1" N Bet • ¢..^� tJRETY BOND King County Department of Development and Environmental Services 900 0akesdale Avenue SW Renton,WA 98055-1219 Financial Guarantee Activity No. A07BN273 Bond No. 08906417 Name of Project LaFortuna Townhomes Location/Address of Project Parcel 0739000020 Bond Project No. BO3DC001/X0001279 Amount $15,937 We GMP Homes Renton LLC , as Principal andFidelity & Deposit Company of Maryland a corporation organized and existing under and by virtue of the laws of the State of Maryland 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 Fifteen Thousand,nine hundred thirty seven 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"Sensitive Area Restoration Agreement, a copy of which is attached hereto and incorporated herein by this reference. 2. Under the provisions of the Agreement,the Principal is required to furnish a guarantee to secure the Principal's compliance with the terms of the Agreement. 3. This Surety Bond is intended to secure the Principals' performance of work and payment of fees in accordance with the associated Agreement. IT IS FURTHER EXPRESSLY PROVIDED that: 1. Until written release of this obligation by King County,this bond may not be terminated or cancelled by the Principal or Surety for any reason. 2. The obligation of the Surety shall not be discharged or affected by any extension of time for the Principal's performance of this Agreement or by any amendment of the engineering plans used for construction of the project. The Surety hereby waives notice of any such extension or amendment. The obligation 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. A0 • Page 1 of 2 , a. ., - Page 2 of 2 PRINCIPAL:GMP Homes Renton LLC SURETY: Fidelit Deposit Company ,of.' NIa.ryland 11/,5/2007 De bi.e Lin ro , Attorneyin-, ,Y1/5j20_0 Signature[. Date Signature Fact,- Dar; a(e- 1 d e rt e.�/ c(5 f'Il C.bn c\ Title Title Mailing Address Mailing Address 11317 NE 120th Street 99.9 3rd Avenue, Ste 800_ Kirkland, WA 98034 Seattle, WA 98104 425-822-9207 206-892-9200 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 Yec. Rendeiya.43-1. signed this instrument and acknowledges it to be his/her free and voluntary act for the uses and purposes mentioned in this instrument. n (Notary Seal or Stamp for Principal) Dated: _720 y.e her ©q, Zoo 7 . TINNA e l,�� Signature of Notary Public:� `(62c.._.. �r ,.aaqn,,,� C0MisSao,,4 /i o Not +. .01.; Title: Deye.0 d h2 /?LS train' 'D' ` ' • -c zi �2,02rl�l� i-�; G �s My appointment expires: ��i� ®CIC *Jr. IIIggHA�G�O��� Financial Guarantee Activity Number: , SURETY.doc 0/99 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2.The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 5111 day of kl 11 Y t/► l l/ er i_t:„ A 7-LA'rj9-- Assistant Secretary r Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by THEODORE G.MARTINEZ,Vice President,and GERALD F.HALEY,Assist.nt Secretary,in pursuance of authority granted by Article V1, Section 2,of the By-Laws of said .g„ .y,which are set fo on the reverse side hereof and are hereby certified to be in full force and effect on the d. i. ! .ereby nominate, constitute and appoint Kathleen M.MITCHELL,Debbie LINDSTRO �. : ' !! ;y • 1 of Redwood City California, EACH its true and lawful agent and Attorney-in- ' (r`�ort, -- ute �;�1u �.7 f; or,and on its beha f as surety,and as its act and deed: any and all bon! ,.n gs + 01-t s`��e oosuch bonds or undertaking. in pursuance of these presents,shall be as b' ;-� 'o 4 1 ,. . ply,to all intents and purposes,as if ey had been duly executed and ac ew,talljn..ere o i ers of the Company at its office in Baltimore,Md,in their own proper pe r �; . p 1+. - of o issued on behalf of Kathleen M.MITCHELL,Jenell TURNER,Debbie T1,117 • :,, 6 , 005. The said Assistant . ,►•:�;•: reites 11'e eby certify that the extract set forth on the reverse side hereof is a true copy of Articl:VI, Section 2,of the By-Ls . said Company,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 17th day of Oct..er, A.D.2007. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLA D 00 D£PpS,. J Q O nse Lice ,_7. Ah_e„_1 , • IIVVJJ By: Gerald F.Haley Assistant Secretary Theodore G.Martinez State of Maryland ) ss: City of Baltimore f On this 17th day of October, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, .my commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GERALD F. HALEY, Assi.tant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the indivi.uals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the s•me, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the auth.rity and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first a.ove written. \a '1//1l1111\\ Constance A. Dunn Notary P blic My Commission Expires: July 14,2011 POA-F 016-2128M . j King County Maintenance and Defect Agreement Financial Guarantee Activity Number(s); (Two Years) A07BN326 For Public Roads and Drainage Facilities Total Guarantee Amount: Project Name/Number: $2,211 BO3DCOO1/XOOO1279 —LaFortuna Townhomes This AGREEMENT is made and entered into this/774.day of ,.% 20e0_ by and between the King County Department of Transportation, Road Services Division and Department of Natural 'esources, ter and Land Resources Division,hereinafter, collectively the"COUNTY",and the above named applicant,hereinafter the"APPLICANT." Basis for AGREEMENT: WHEREAS the undersigned APPLICANT has constructed public roads and/or drainage facilities, including but not limited to roads, sidewalks and storm sewers ("improvements") within public rights of way, easements and tracts, in connection with the above-referenced project; WHEREAS the APPLICANT has agreed to secure the successful maintenance and operation of the improvements pursuant to King County Ordinance 12020 and King County Code Titles 14, 19A,and 27A as applicable;and WHEREAS at the end of a two year period, as more fully described below,the COUNTY will evaluate whether to take over operation and maintenance of the improvements; NOW THEREFORE,the COUNTY and the APPLICANT,its legal representatives,successors and assigns hereby agree as follows: Terms of the AGREEMENT: 1. The improvements constructed by the APPLICANT,or its representative,shall successfully operate and shall remain free of defects in design, workmanship and materials, for the period commencing on the date of fmal construction approval by the COUNTY and ending two years from that date,or the date of fmal plat approval,whichever is later(hereinafter"two year period"). 2. The APPLICANT is responsible for all maintenance of the improvements,during the two year period. 3. In the event of any failure of the improvements to satisfactorily operate or in the event of a defect in design, workmanship or materials, the APPLICANT shall promptly and satisfactorily repair and/or correct the failure or defect and any accompanying or resulting damage. 4. The COUNTY will perform periodic maintenance inspections during the two year period. 5. Upon notification by the COUNTY during the two year period,the APPLICANT shall perform necessary maintenance and/or correct and/or repair any defects in the improvements,and any accompanying or resulting damage,within the time frame specified'by the COUNTY. b. In the event the COUNTY determines, at its sole discretion, that repairs must be performed immediately to prevent damage or risk to person(s) and/or property, the COUNTY may make necessary repairs and perform corrective action. The costs of these repairs/corrections shall be paid by the APPLICANT,upon demand by the COUNTY. 7. The APPLICANT shall pay all required fees in accordance with King County Code. 8. If, at the end of the two year period, the COUNTY, at its sole discretion, determines that the improvements are not or have not been • adequately maintained, they do not operate satisfactorily, or the improvements contain defects in design, materials or workmanship, the COUNTY will notify the APPLICANT in writing. The APPLICANT shall promptly perform maintenance, correction or repair, to the COUNTY's satisfaction. If such does not occur to the satisfaction of the COUNTY,the COUNTY may declare a default and use the remedies for a default provided for in paragraph 10 below. Nothing contained herein shall be construed to require the COUNTY to take over the operation or maintenance of improvements that are not in a condition satisfactory to the COUNTY. In its sole discretion,the COUNTY may extend the duration of the two year period for purposes of allowing the APPLICANT additional time to perform or complete maintenance, correction or repair. 9. Any failure by the APPLICANT to comply with the terms of this AGREEMENT in a timely manner shall constitute a default. In the event of a default, the COUNTY shall notify the applicant and, if applicable, the guarantor, of the fact of default and the need to perform corrective action. If the COUNTY does not receive satisfactory assurance that corrective action will be taken in a timely manner,the COUNTY may a. order the applicant to perform all necessary corrective work; b. utilize the processes provided for in King County Code Title 23.24;and/or c. demand payment on the financial guarantee. Nothing contained in this numbered paragraph shall be construed to limit the remedies available to the COUNTY in law and in equity in enforcing or otherwise compelling compliance with the terms of this Agreement. Further,Any action or inaction by the COUNTY following any default under any term or condition of this AGREEMENT shall not be deemed to waive any rights of the COUNTY pursuant to this AGREEMENT. All costs,including reasonable attorney's fees for the enforcement of the terms of this AGREEMENT,shall be borne by the APPLICANT. In the event that the guarantee amount is demanded and the total costs associated with curing the default exceed the guarantee amount, the APPLICANT shall remain responsible to the COUNTY for payment of any remaining amount. In the event of a default, the COUNTY may contract with a third party to cure the default. 10. The APPLICANT shall indemnify,hold harmless and defend,all at APPLICANT's sole expense,the COUNTY,its agents,employees and/or officers against 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, the COUNTY's obligations under this AGREEMENT, and/or the APPLICANT's performance or failure to perform any obligation under this AGREEMENT. Provided, however, that nothing herein shall require the APPLICANT to indemnify,hold harmless or defend the COUNTY from any claim arising out of the sole negligence of the COUNTY,its agents,employees and/or officers. 11. 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. This AGREEMENT creates no rights, power, or authority in any entity or person not a party to this AGREEMENT. r Two Year Maintenance/Defect Agreement Activity Number(s): Page 2 • Conditions of Release: This AGREEMENT shall remain in full force and effect and shall not be released until all terms of this AGREEMENT have been completed to the satisfaction of the King County Road Engineer or his/her designee. IN WITNESS THEREOF,the parties hereto have executed this AGREEMENT as of the day and year first above written. APPLICANT: .. 7.-----2..--- --? _. S rt---S a) . Signature Date rnc.,r..c?t_..r' Title —Pr e-,c-N oleAr3 c s4-- Printed Dame Billing Address: ( 3 l`"l Nt a 1 scS8-1 ` Sd,recsA- VA v %Ll c...,-1. d 9.863 y Phone Number: 9.2S gTL— SIC? State of Washington,County of King I certify that I know or have seen satisfactory evidence that 're Tre/derya.-SI signed this instrument and acknowledges it to be his/her free and voluntary act or the uses and purposes mentioned in this instrument. (Notary``Wt ipIN`i gill Dated: ' /U7/`e/Yl (2 1' 8, l��j _ DNA M. %ASI ON%%%%%/ L -' " JCer �`'�`�.��N�g1tI��1�1 � �� Signature of Notary Public: �,� y/,a, - �G0��O �Q� Title: (Pro/,�GL Y - 'J%L5 L/"2�0/' O i wf; cos41A-9A9 S My.Appointment Expires: 9 i E GBL1G • it 2 �'s ���� ri— //II Ole 1It% H"4:1`O4 On Behalf of the COUNT Gam, / / /7� Signature Title Date • 2 year Maintenance and Defect A_eement.doi July 2I,2004 A4.1E . T328 j26 King County SURETY BOND Department of Development and Environmental Services 900 Oakesdale Avenue SW Renton,WA 98055-1219 Financial Guarantee Activity No. A07BN326 Bond No. 08906419 Name of Project LaFortuna Townhomes Location/Address of Project Parcel 0739000020 Bond Project No. BO3DC001/X0001279 Amount $2,211 We GMP Homes Renton LLC , as Principal and Fidelity & Deposit Company of Maryland a corporation organized and existing under and by virtue of the laws of the State of Maryland 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 Two Thousand,two hundred eleven 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"Maintenance and Defect Agreement(Two Years) for Public Roads and Drainage Facilities", 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 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. • A 7 ;, Page 1 of 2 i (' • 1 Page 2 of 2 PRINCIPAL:GMP Homes Renton LLC SURETY: Fiodth -deli & Deposit Comnan,y..of Maryland „ , 11/5/7_007 11/5,/2.007 . '. Signatu e Date Signature Jaffe - Debbie Lindstrom, Attorney,4t 'act Title Title , • Mailing Address Mailing Address 11317 NE 120th Street 999 3rd Avenue, Ste 800 Kirkland, WA 98034 Seattle, WA 98104 425-822-9207 206-892-9200 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 &re`/ 'Pr hc/erJ'O signed this instrument and acknowledges it to be his/her free and volun`rary act for the uses and purposes mentioned in this instrument. 7(Notary Seal or Stamp for Principal) Dated: '17UP-ern b-e ' 8j zoa ..\\‘\M1111,, Signature of Notary Public �✓ tAlk _ ��ss1ON �,,�,s,i/, Title: (Pie je.c /d rn-L z-1d,� 04'+0Tq.Q , , ° per. N� , - • , rns S My appointment expires: 6// 2-9' D c� A %9j�i11 ; 81-G r2� 417 //, 0/C2TWAS%%%' O7 Financial Guarantee Activity Number: SURETY.doc(10/99) A 0 7 N 3 2 • Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by THEODORE G.MARTINEZ,Vice President,and GERALD F.HALEY,Assistant Secretary,in pursuance of authority granted by Article V1,Section 2,of the By-Laws of said •t�..ny,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d. ,+ •T'Ji ereby nominate, constitute and appoint Kathleen M.MITCHELL,Debbie LINDSTRO �. : tL� 'yM+•, 1 of Redwood City, California, EACH its true and lawful agent and Attorney-in- " .�, - ute wit ? or,and on its behalf as surety,and as its act and deed: any and all bon 1,01(1144i . t gs •,,� .�,Ts'h��+ o such bonds or undertakings in pursuance of these presents,shall be as b' •' ���'om•• ���, �'� ` . ply,to all intents and purposes,as if they had been duly executed and ac.••,•„tralAn e re a (: o�'i ers of the Company at its office in Baltimore,Md.,in their own proper pe «N . .pa‘ - of a o 04 �.'� �i issued on behalf of Kathleen M.MITCHELL,Jenell TURNER,Debbie Tr a ,�.,. yrq3r� 005. The said Assistant .:• :�. �.es a eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- s • said Company,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 17th day of October, A.D.2007. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND Is,DEPps, 1, g.it nee By: Gerald F.Haley Assistant Secretary Theodore G.Martinez State of Maryland City of Baltimore ss. On this 17th day of October, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GERALD F. HALEY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ngnn+a� Constance A.Dunn Notary Public My Commission Expires: July 14,2011 POA-F 016-2128M • . . • • EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of th- Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Co 'ttee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries;to appoint 'esident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may requir-, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stip lations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and ins ents in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do here'y certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further ce Ty that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially a thorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-La s of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate maybe signed by facsimile under and by authority of the following resoluti in of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called an. held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mec i,anically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made here ofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be alid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Corno any, this day of NLO I k'i' , L�-��✓ Assistant Secretary 0 ZURICH December 11, 2008 Mr. Ken Glasby CITY OF RENTON Engineering Specialist RECEIVED City of Renton City Hall DEC 12 2008 1055 South Grady Way, 6`h Floor • Renton, WA 98057 BUILDING DIVISION RE: GMP Homes Renton ILC.-Request for Release of Surety Bonds .- Dear Mr. Glasby, Our client GMP Homes Renton LLC supplied various surety bonds to secure improvements to Parcel 0739000020/Project No. BO3DC001/X0001279 to King County Department of Development and Environmental Services. It is our understanding that this development has now come under the management of the City of Renton. It is also our understanding that our client GMP Homes Renton, LLC sold this property to Habitat for Humanity.We therefore are requesting release of our surety bonds.These include: Zurich North America Commercial Surety Division Bond No. 08906418 Agreement to Install and Maintain Landscaping $155,607 Bond No. 08906416 Agreement to work in the right of way $30,088 999 Third Avenue;Suite 800 Bond No. 08906417 Sensitive Area Restoration Agreement $15,937 Seattle,WA98104 Bond No. 08906419 Maintenance and defect Agreement for Public Roads $2,211 http://www.zurich.com Please process this request in an expeditious manner. We thank you in advance for your Direct Phone(206)346-2615 assistance. Direct Fax(206)346-2622 E-Mail Kathy.s.Wilson@zurichna.com Sincerely, 012-kt__( aR.12-4-01 -/ Kathy Wilson Zurich North America Commercial Surety SOC Page 1 of 1 Brandt, Lisa Subject: FW: GMP Homes A07BN273 From: Brandt, Lisa Sent: Thursday, January 15, 2009 4:04 PM To: Brandt, Lisa; 'Lee Brannam' Subject: RE: GMP Homes A07BN273 Lee It appears that GMP may be going into bankruptcy. I have also been notified that the La Fauntana site has been annexed into the City of Renton . Based on a recent annexation the Critical Area file will soon be transferred to them and the bond A07BN273 held by KC for the mitigation project appears to have already been transferred to the City. You can contact Kayren Kittrick, Development Engineer Supervisor at 425-430-6400 for any future assistance and for issues related to the mitigation project. thank you. Lisa Brandt Environmental Scientist Land Use Services,DDES 900 Oakesdale Ave.Southwest Renton,WA 98057-5219 tel: 206-296-6764 fax:206-296-7051 Lisa.brandt@kinccountv.00v Please note:Fees will be charged at the KC annual rate for staff time associated with all work done in conjunction with compliance review, correspondence, monitoring,and release of financial guarantees. • 01/15/2009 King CountyPermit Number: L05G1081 Department of Development Date Printed: 01-15-2009 and Environmental Services Status: PENDING 900 Oakesdale Avenue Southwest Applied: 04/21/2005 Renton, Washington 98057-5212 Decision: Applicant: GMP HOMES RENTON LLC Location: lot 4 BIk 1 Benson Heights Add Site Address: Permit Type: G-INSPCT, Sub-Type: INSPSENS Title: LA FORTUNA SITE Description: Billing for sensitive area review only for A03BN460 The following holds, notices, and comments have been entered. HINTZT 04/21/2005 3 year monitoring BRANDTL 12/29/2006 Aquired file docs, created file, and request Itr sent out by Trudy. BRANDTL 12/29/2006 spoke to Karl Best and he said not under construction and KR construction will contact at install BRANDTL 01/03/2007 rec'd new gi from trudy and new[ter out. BRANDTL 06/07/2007 Spoke with Lee Brannam of GMP homes who is concerned developer is trying to over look mitigation requirements, so Lee was doing research. Bill Kerschke clarified for Lee the requirements, and I followed up with emailed of bond quantity. 'Lee Brannam' = Lee@gmphomes.com BRANDTL 06/07/2007 Lee called about any irrigation requirements in plat or mitigation areas. No irrigation specifications appear to show up on my approved plan. However I strongly recommend the use of a termporary above ground system for the first two year to ensure plant establishment as other wise replanting many times over the 5 year mon. period becomes way more costly in the end. Routine (3x yr maint) is ideal as well to ensure non-native invasive species are kept below the 10% maximum aerial cover limit. -email so it is in writing. BRANDTL 09/02/2008 Search for flie, miss filed as can't locate it to provide to City of Renton. STAINESH 11/05/2008 10/20/2008 BANKRUPTCY FILING BY RICHARD G PRENDERGAST dba GMP HOMES INC, GMP HOMES RENTON LLC, AND OTHER LLCS. CASE NO. 08-16972-SJS. NOTICE REC'D 10/27/08. FESSENDE 03/01/2008 Annexed to the City of Renton effective•March 1, 2008, city ordinance 5327. lu comm 1/28/08 Activity: (A078N273 Location:'la lortuna site dev . Status: (TRANSFER APPLICANT:'$15.937 WETL PERF FG-NEW OWNER _ ` Kin Count Date I08/1312007 Notice: g�ik_top �( �(. r ODE ScreenRemit_�1.111I )roc j fees DescI Llli?N A' aur I EiCund� poc�Relate�1dENt 1r 1 ' _ DE242838 1 I Name Relatiorrh�F Phone 1 Phone 2 Trust Prirn 08906417 BOND 41 No No ec, , at. l rl p 6FIDELITY&DEPOSIT COMPANY OF I SURETY 206 892 32U0 :No No s 1'l 91,-tF�d ` Name. GMP HOMES RENTON LLC 'PRINCIPAL '' r"�g e s sag O Address: 11317 NE 120TH STREET Prirr�sryNwne ( i l' br i 0�!%-� A..ddress2 KIRKLAND.WA 98034 fe P uoiuD++r t�;ti r}r. roll irl t Address,: v.,ail er '� -, AddteaS 4:' Glp. iJ L f Pho 1- 425-822-9207tg Phone 21 `' Etat, 1 r:r_'� 'r, �i •cr Dale' License:: Qetresh arcl'i.��.F��� Notation I Trust or Accounts L.'/ "rier'lake Sig-POE TooBar Orr P / ruck nil... order for... E.y,1. ._ ,.,.,„,,,.! ..._..,,....._. Back stop E,..itat''4 UCensee.KIM./LUUNIY,WA serialNur6pet:bIJb Users: I U VerSan:v.4./-// draft preen AC4EN i3 I... S.doc Df l J� Ezl_n_F.316,,,„ t1:178P!_.t31,.. r..f1.1.U.JUL ..i t=:t f r` j 44,, , t �1nbox ty;.PERMI., 0'Time R... f, 1, 2 Perm. 1 DDES... Ertl l..I rj add] 3:33 PM Thursday, Jan 15, 2009 03:33 PM Brandt, Lisa From: Brandt, Lisa Sent: Thursday, June 07, 2007 2:04 PM. To: 'Lee.Brannam' Subject: A03BN460 La Fortuna Development. Lee, Thanks for calling to inquire about the irrigation requirements within the Critical Area Mitigation project. As I stated I do not see a requirement for irrigation. However, I strongly suggest the use of a temporary above ground irrigation system for the first two year to ensure plant establishment. Irrigating along with routine annual maintenance of invasive species (3 x yr.) really helps to ensure the success of the project. Developers find these initial costs to significantly out way repeated planting for plant loss, larger maintenance efforts after invasives take over, and potential for monitoring extensions beyond the 5 year period if standards of success are not reached. The standards of success for this mitigation project are: 100% native plant survival as the end of year 1 80% native shrub, tree and emergent survival by the end of year 5 And No more than 10%aerial cover of non-native invasive species during any one year of the monitoring. Hope this helps. Lisa Lisa Brandt Environmental Scientist Land Use Services,DDES 9000akesdale Ave.Southwest Renton,WA 98057-5219 tel: 206-296-6764 fax:206-296-7051 Lisa!brandt(S metrokc.aov • I , 1 King County Department of Development and Environmental Services 900 Oaksdale Avenue SW Renton,WA 98055-1219 January 4,2007 K R Construction 19707 Filbert Road Bothell WA 98012 RE: Financial Guarantee Activity Number Bond A03BN460(L05GI081) Subject: Sensitive Area Mitigation To Whom It May Concern: As you may know, there is a Sensitive Area Mitigation financial guarantee associated with permit B03DC001, which requires monitoring. Prior to initial monitoring, the financial guarantee must be posted with the Department. If you have not already done so, please contact Stacy Graves (206-296-7009) at your earliest convenience. The purpose of this letter is to provide you with information about the monitoring process,a county monitoring staff contact,and to inform you of King County hourly fees associated with the monitoring activity. Permit conditions required that the mitigation area satisfy approved plan performance goals and standards of success by the end of the monitoring period. Monitoring and maintenance will need to be performed on this site throughout the monitoring period to comply with permit conditions. Typically you can expect an installation inspection,follow-up reviews of the monitoring report and site visits if questions arise and a final inspection at the end of the monitoring period. Attached is a copy of the bond monitoring guidelines to further explain the process. Typically, such maintenance includes watering and control of invasive, non-native, brush and weeds. All documents and future monitoring reports should be submitted under the bond number(above) to enable us to monitor the progress of your project and ensure approval of the release of your financial guarantee at or before the end of the performance monitoring period. An activity has been established to track the monitoring activities. Monitoring and maintenance verification inspections will be conducted on an as needed/annual basis by the Department of Development and Environmental Section (DDES) staff to ensure your project is progressing toward satisfying the success criteria. Fees will be charged at the annual current billing rate(2004+rate is$144.90 per hour) for staff time associated with all work done in conjunction with monitoring, inspection, permit compliance,and release of financial guarantees. Please reference your activity number and provide a copy of this correspondence when remitting payment to our finance office located in the main reception area on the first floor at DDES. These fees must be paid before the release of the financial guarantee. . . r- K R Construction January 4,2007 Page 2 If you have any questions regarding this process please contact me within(30) thirty days at 206-296-6764 or lisa.brandt@metrokc.gov. Sincerely, Lisa Brandt Environmental Scientist II Critical Areas Section Enclosure cc:File • • .BOND REQUIREMENT NOTIFICATION • Date: N- �;� . ;.,4' , • • . 3 C5 N (-0 TO: Financial Guarantees Management Unit FM: Critical Areas Section • RE: Activity/Project# I2___Q The application referenced above has been approved. The'bonds listed below are required for this project. Applicant g &v Phone# rp. 0. rgb4 f77v z �► I u„.s JirPitl7(1)fTh afar . Z/ •O�v N.Z t ( ( /V1�i7 hk4"�U 1 DES W)YI C47I44Y Bond.Type(Wetlands/Streams/Geology/Wildlife) B nd d Amount Performance $ 15- q•3 7, 3 I LJ Maintenance #Years Monitoring � �� • • Initial Bond Fee • - FGMU Bond Activity# • Please return this notification with the appropriate copies of the bond forms and initial bond fee amount that was sent the applicant,to Critical Areas Section. cc: File , r 4,1t.f i ' i 1 '`' t a' q- rN G a r. `— ,,-- I/Ir k/6 4 • CONDITIONS OF PERMIT/APPROVAL Activity Number: B03DC001 Type: building Date: 9-4-03 SENSITIVE AREAS: WETLAND CONDITIONS OF PERMIT/APPROVAL 1. Work shall be limited to that shown on the approved plans. A copy of the approved plans, conditions, and permit must be on the job site whenever work is in progress. 2. Except where buffer averaging has been approved, the on-site class 2 wetlands shall received a 50-foot buffer measured from the wetland edge. 3. A 15-foot building setback must be maintained from the outer perimeter of the wetland buffer. 4. Prior to commencement of any construction actives, the outer perimeter of all wetland buffers, within 150 feet of the proposed project, must be identified in a highly visible manor. 5. The wetland buffers shall be identified using permanent wetland sensitive area boundary signs, installed between the wetland sensitive area buffer and 15-foot building setback. One sign shall be posted for every 50 feet of sensitive area buffer. 6. Per the approved mitigation plans, a split-rail fence must be installed around the eastern perimeter of the wetland buffer and buffer averaged areas and on either side of the proposed trail that links recreation areas. 7. The buffer restoration plan prepared by the Jay Group (dated 12/02/03) must be installed prior to final occupancy. Contact Lisa Brandt (296-6764) for final plant installation inspection. 8. A qualified ecologist must be on-site during wetland buffer restoration activities. 9. Silt fence shall be installed downslope of all ground disturbing activities to assure sediment laden water is not released to naturally occurring watercourses. i o . Stabilization and revegetation of disturbed areas shall be performed on an ongoing basis. Exposed soils in sensitive areas shall be immediately covered and protected when not being worked. Exposed soils in non-sensitive areas shall be covered and protected during the dry season as needed to prevent soils erosion and during the wet season immediately using best management practices and all work shall comply with the standards set forth in the King County Surface Water Design Manual. , A • King County Department of Development and Environmental Services 900 Oakesdale Avenue Southwest Renton,WA 98055-1219 Date: Bond Quantity Worksheet for Sensitive Area Mitigations Project Name: La Fornuna Date: 09/03/2003 Project Number: BO3DC001 FG Number: Location: Contact Name: Karl Best Address: P.O. Box 1790, Snohomish,WA 98291 PLANT MATERIALS: Plant Material prices include labor,installation,contractors'markup and sales tax,but don't include delivery. (128%of wholesale plant price plus planting"from page 5.) TREES Scientific Name Common Name Unit Price Qty Unit Price Unit Price Qty Unit Price Unit Price Qty Unit Price Unit Price Qty Total 4"pot 1 gallon 1 gallon 2 gallon 2 gallon 5 gallon 5 gallon Cost Abies grandis* grand fir $ - Acer macrophyllum big leaf maple $ 3.52 $ 13.54 19 $ 257.26 Alnus rubra Red alder $ 3.20 $ 13.22 $ - Arbutus menziesii Pacific madrone - $ 4.48 $ 14.50 $ - Betula papyrifera paper birch $ 3.20 $ 13.22 $ - Fraxinus latifolia Oregon ash $ 3.20 $ 13.22 1 $ 7.04 $ 23.51 $ 13.22 Picea sitchensis* Sitka spruce $ 3.52 $ 13.54 1 $ 7.68 $ 24.15 $ 13.54 Pinus contorta* Shore pine $ 3.52 $ 13.54 $ 7.68 $ 24.15 $ - Pinus monticola* Western white pine $ 3.52 $ 13.54 $ 7.68 $ 24.15 $ - Populus tremuloides. quaking aspen $ 7.68 $ 24.15 $ - Populus trichocarpa black cottonwood $ 3.52 $ 13.54 $ 7.04 $ 23.51 $ - Prunus emarginata bitter cherry $ 3.52 $ 13.54 $ - Pseudotsuga menziesii* Douglas fir $ 3.52 $ 13.54 29 $ 7.04 $ 23.51 $ 15.36 $ 44.74 $ 392.66 Taxus brevifolia* Pacific yew $ - Thuja plicata* western red cedar $ 3.52 $ 13.54 21 $ 7.04 $ 23.51 $ 15.36 $ 44.74 $ 284.34_ Tsuga heterophylla* western hemlock $ 3.52 $ 13.54 $ 7.35 $ 23.82 $ 15.36 $ 44.74 $ - • All plant prices are from Fourth Corner Nurseries, Sound Native Plants, Storm Lake Growers, and Wabash Natives(containers); and Abundant Life and Frosty Hollow(seeds). • King County Sensitive Areas BondQuantityWorksheet(formulas co$elitaityvl@rf trQgtsl$ond Quantity Worksheet Page 1 August 8, 1998 • 4 SHRUBS Unit Price Unit Price Unit Price _ Unit Price Unit Price Unit Price Unit Price Total Scientific Name Common Name 4"pot Qty 1 gallon 1 gallon Qty 2 gallon 2 gallon Qty 5 gallon 5 gallon Qty Cost Acer circinatum vine maple $ 3.52 $ 13.54 24 $ 7.04 $ 23.51 $ 14.08 $ 43.46 $ 324.96 Amelanchier alnifolia serviceberry $ 3.52 $ 13.54 $ 7.35 $ 23.82 $ - - Berberis aquifolium tall Oregon grape $ • 10.02 $ 7.68 $ 24.15 $ - Berberis nervosa short Oregon grape $ 3.84 $ 13.86 $ - Comus stolonifera red-osier dogwood $ 3.20 $ 13.22 18 $ 7.04 $ 23.51 $ 12.80 $ 42.18 $ 237.96 Corylus comuta hazelnut $ 3.52 $ 13.54 20 $ 7.04 $ 23.51 $ 270.80 Crataegus douglasii black hawthorn $ 3.20 $ 13.22 $ 7.04 $ 23.51 $ - Gaultheria shallon salal $ 1.89 $ 3.84 $ 13.86 $ - Holodiscus discolor ocean-spray $ • 3.52 $ 13.54 10 $ 7.04 $ 23.51 $ 135.40 Lonicera involucrata black twinberry $ 3.52 $•• 13.54 14 $ 6.40 $ 22.87 $ 12.16 $ 41.54 $ 189.56 Myrica gale . sweetgale $ 10.02 $ - Oplopanax horridus Devil's club $ 3.84 $ 13.86 $ 7.68 $ 24.15 $ - Philadelphus lewisii mock orange $ 3.52 $ 13.54 $ 6.40 $ 22.87 $ 14.08 $ 43.46. $ -- - Physocarpus capitatus Pacific ninebark $ 3.20 $ 13.22 $ 7.04 $ 23.51 $ 12.16 $ 41.54 $ - Prunus virginiana choke cherry $ 10.02 $ - Pyrus fusca western crabapple $ 3.20 $ 13.22 $ 7.04 $ 23.51 $ - Rhamnus purshiana cascara $ 3.20 $ 13.22 $ 7.04 $ 23.51 $ - Rhododendron macrophyllum Pacific rhododendron $ 4.17 $ , 14.19 $ - Ribes bracteosum stink currant $ 3.20 $ 13.22 $ - _ Ribes lacustre prickly currant $ 3.84 $ 13.86 $ - Ribes sanguineum red-flowering currant $ 3.84 $ 13.86 $ - Rosa gymnocarpa Wood rose $ 3.52 $ 13.54 $ 7.68 $ 24.15 $ - Rosa nutkana Nootka rose $ 3.52 $ 13.54 21 $ 7.04 $ 23.51 $ 284.34 Rosa pisocarpa clustered rose $ 3.52 $ 13.54 $ 6.40 $ 22.87 $ - Rubus leucodermis' black raspberry $ - Rubus parviflorus thimbleberry $ 3.52 $ 13.54 $ - Rubus spectabilis salmonberry $ 3.20 $ 13.22 . $ 7.04 $ 23.51 $ - Salix geyeriana Geyer willow $ 3.20 $ 13.22_ $ 6.40 $ 22.87 $ - Salix hookeriana Hooker's willow $ 2.89 $ 12.91 $ 6.40 $ 22.87 $ - Salix lasiandra Pacific willow $ 3.20 $ 13.22 $ 6.40 $ 22.87 $ - Salix scouleriana Scouler willow $ 12.16 $ 41.54 $ ,- Salix sitchensis Sitka willow $ 3.20 $ 13.22_ $ 6.40 $ 22.87 $ - Sambucus racemosa red elderberry $ 3.52 $ 13.54 $ 7.04 $ 23.51 $ - Sorbus sitchensis Cascade mountain ash $ - Symphoricarpos albus snowberry $ 3.20 $ 13.22 21 $ 7.04 $ 23.51 $ 277.62 Vaccinium ovatum evergreen huckleberry $ 3.84 $ 13.86 $ - Vaccinium parvifolium red huckleberry $ 2.91 $ 5.45 $ 15.47 $ - King County Sensitive Areas BondQuantityWorksheet(formulas coSenisitimarfitreasiBond Quantity Worksheet Page 2 August 8, 1998 Sedges`and Rushes _ Sc ntific Name Common Name Unit Price Qty Unit Price Qty Unit Price Unit Price Qty Unit Price Unit Price Qty Total 4"pot Seeds/oz. 2 gallon 2 gallon 5 gallon 5 gallon Cost _ Carex comosa Bristly sedge $ 1.32 $ - _ Carex lenticularis Shore sedge $ 1.32 $ - Carex lyngbyei Lyngby sedge $ 1.32 $ - Carex obnupta Slough sedge $ 1.32 17 $ 19.20 $ 22.44 Carex rostrata(utriculata) Beaked sedge $ 1.32 $ - _ Carex stipata Sawbeak sedge $ 1.32 $ , - Eleocharis acicularis Spikerush $ - Eleocharis palustris Common Spikerush $ 1.32 $ - Juncus acuminatus Tapered rush $ 1.32 $ - Juncus articulatus Jointed rush $ - _ Juncus eflusus(var.pacificus,gra(Soft rush $ 1.32 $ - Juncus ensifolius Dagger leaf rush $ 1.32 $ - Juncus oxymeris Pointed rush $ 1.06 $ - _ Scirpus acutus Hardstem bulrush $ 1.32 $ 23.04 $ - Scirpus maritimus Saltmarsh bulrush $ 1.32 $ - _ Scirpus microcarpus Small-fruited bulrush $ 1.32 $ - Grasses Scientific Name Common Name Unit Price Qty Unit Price Qty Unit Price Unit Price Qty _ Unit Price Unit Price Qty Total 4"pot Seeds/oz. 2 gallon 2 gallon 5 gallon 5 gallon Cost Alopecurus aequalis Short-awn foxtail $ - Alopecurus geniculatus Water,foxtail $ 1.00 $ - Beckmannia syzigachne American sloughgrass $ 1.20 $ 3.04 $ - Calamagrostis canadensis Bluejoint reedgrass $ Cinna latifolia Wood reed $ _ Deschampsia caespitosa Tufted hairgrass $ 1.06 $ 9.60 $ - Elymus glaucus Blue wildrye $ 1.36 $ - Festuca idahoensis Idaho fescue $ 3.52 $ - Festuca rubra var.rubra Red fescue $ 4.79 $ - Glyceria borealis(occidenta Northern mannagrass $ 1.60 $ - Glyceria elata Tall mannagrass $ 1.45 $ 1.60 $ - Panicum occidentale Western panic-grass $ - Ferns Scientific Name Common Name Unit Price Qty Unit Price Unit Price Qty Unit Price Unit Price Qty Unit Price Unit Price Qty Total 4"pot 1 gallon 1 gallon 2 gallon 2 gallon 5 gallon 6 gallon Cost Athyrium filix-femina lady fern $ 3.84 $ 13.86 $ - Blechnum spicant _deer fern $ 3.84 $ 13.86 $ -. Dryopteris expanse _shield fern _ $ 3.52 $ 13.54 $ - Polystichum munitum western sword fern $ 3.84 $ 13.86 $ • - Pteridium aquilinium bracken $ - King County Sensitive Areas BondQuantityWorksheet(formulas coSenatait vef4lri@ aisBOnd Quantity Worksheet Page 3 August 8, 1998 • Herbs and Groundcovers _ Scientific Name Common Name Unit Price _ Qty Unit Price Unit Price Qty Unit Price Unit Price Qty Unit Price Unit Price Qty Total 4"pot 1 gallon 1 gallon Seeds/oz. Seeds/oz. 5 gallon 5 gallon Cost Achillea millefolium Yarrow $ 11.52 $ - Anaphalis margaritacea Pearly everlasting $ 7.68 $ - Arctostaphylos uva-ursi Kinnikinnick $ 2.27 $ 33.28 $ - Aruncus dioicus Goat's beard $ 3.52 $ 13.54 $ 33.28 $ - Caltha palustris Marsh marigold $ 4.17 $ 14.19 $ 20.48 $ - Dicentra formosa Bleeding heart $ 2.27 $ 3.20 $ 13.22 $122.88 $ - Epilobium angustifolium Fireweed $ 61.44 $ - Fragaria chiloensis Coast strawberry $ 2.27 $ 57.60 $ - Geum macrophyllum Big-leaf avens $ 2.27 $ 51.20 $ - Heracleum lanatum Cow parsnip $ 1.45 $ - Hydrophyllum tenuipes Pacific waterleaf _$ 2.27 $ 17.92 $ - Linnaea borealis Twinflower $ 2.27 $143.46 $ - . Lupinus polyphyllus Big-leaf lupine $ 6.72 $ - Lysichiton americanum Skunk cabbage $ 3.84 $ 13.86 $ - Maianthemum dilatatum Wild lily of the valley $ 2.27 $ - Mimulus guttatus Yellow monkey flower $ 2.27 $128.00 $ - Myosotis laxa Small forget-me-not $ 26.88 $ - Oenanthe sarmentosa Water parsley $ 2.56 $ 12.58 $ 44.80 $ , - Osmorhiza chiloensis . Sweet cicely $ 44.80 $ - Oxalis oregana Wood-sorrel $ 2.27 $ 89.60 $ - Petasites frigidus Coltsfoot $ 3.20 $ 13.22 $ 89.60 $ - Polygonum persicaria Lady's thumb $ _ Potentilla fruticosa Bush potentilla $ - Smilacina stellata Solomon's Star $ 2.27 $ - Stachys cooleyae Great betony $102.40 $ - Tellima grandiflora Fringecup $ 38.40 $ - Tiarella trifoliata Foamflower $143.46 $ - Tolmiea menziesii Piggy-back plant $ 2.27 $102.40 $ - Viola glabella Stream violet $ 2.27 $ - King County Sensitive Areas BondQuantityWorksheet(formulas coSeniaitfitafAvaasiBond Quantity Worksheet Page 4 August 8, 1998 A INSTALLATION COSTS ( LABOR, EQUIPMENT, OVERHEAD & PROFIT) Type Unit Price Unit Qty Total Compost,vegetable, delivered and spread $ 37.88 CY 25 $ 947.00 Decompacting till/hardpan, medium,to 6"depth $ 1.57 CY 400 $ 628.00 Decompacting till/hardpan, medium,to 12"depth $ 1.57 CY $ - Fertilize,slow release tablets, 30gm/tree $ 3.21 Each $ - Hydroseeding $ 0.51 SY $ - Labor, general(landscaping) $ 25.00 HR 10 $ 250.00 Labor, general (construction) $ 37.00 HR $ - Labor: Consultant,supervising $ 55.00 HR 8 $ 440.00 Labor: Consultant, on-site re-design $ 95.00 HR $ - PLANTS: Potted, 4"diameter, medium $ 0.68 Each $ - PLANTS: Container, 1 gallon, medium soil $ 10.02 Each $ - PLANTS:Container,2 gallon, medium soil $ 16.47 Each $ - PLANTS: Container, 5 gallon, medium soil $ 29.38 Each_ $ - PLANTS: Seeding, by hand $ 0.44 SY $ - PLANTS: Slips(willow, red-osier) $ 1.32 Each_ $ - PLANTS: Stakes(willow) $ 0.96 Each $ - Rental of decompacting machinery&operator $ 70.65 Hour $ - Sand,coarse builder's, delivered and spread $ 42.06 CY $ - _ Staking material(set per tree) $ 7.00 Each $ - Surveying, line&grade $ 605.44 DAY $ - Surveying, lot location&lines $ 1,353.60 ACRE $ - Surveying,topographical $ 2,160.00 ACRE $ - Tilling topsoil,disk harrow,20hp tractor,4"-6"deep $ 1.02 SY $ - OTHER COSTS - THROUGHOUT MONITORING PERIOD Type Unit Price Unit Qty Total Inspection, annual $ 460.00 EACH 2 $ 920.00 Inspection,final $ 575.00 EACH $ - _ Maintenance,semi-annual $ - _ Maintenance, annual $ 200.00 4 $ 800.00 Monitoring, annual $ 250.00 ach vis 6 $ 1,500.00 Watering, 1"of water, 50'soaker hose $ 3.62 MSF 18 • _ $ , 65.16 Irrigation-temporary $ 2,000.00 Acre $ - Irrigation-buried $ 4,500.00 Acre $ - King County Sensitive Areas BondQuantityWorksheet(formulas coSeI itimff4regiSi Ond Quantity Worksheet Page 5 August 8, 1998 HABITAT STRUCTURES (includes delivery) ITEMS Unit Cost Unit Qty Total Fascines(willow) Each $ - Logs,(cedar),w/root wads,16"-24"diam.,40'long $ 1,000.00 Each $ - Logs(cedar)w/o root wads,16"-24"diam.,40' $ 400.00 Each $ - Logs,w/o root wads, 16"-24"diam.,40'long $ 245.00 Each $ - Logs w/root wads,16"-24"diam.,40'long . $ 460.00 Each $ - Rocks, one-man $ 60.00 Each $ - Rocks,two-man $ 85.00 Each $ - Root wads $ 163.00 Each $ - Spawning gravel,type A $ 22.00 CY $ - Weir-log $ 1,500.00 Each $ - Weir-adjustable $ 2,000.00 Each $ - Woody debris, large $ 163.00 Each $ - Snags-anchored $ 400.00 Each $ - Snags-on site $ 50.00 Each $ - Snags-imported $ 800.00 Each $ - EROSION CONTROL ITEMS Unit Cost Unit Qty Total Backfill and Compaction-embankment $ 4.89 CY $ - Crushed surfacing, 1 1/4"minus $ 74.30 CY $ - Ditching $ 7.03 CY $ - Excavation, bulk $ 1.30 CY $ - Fence,silt $ 1.20 LF $ - Jute Mesh $ 1.26 SY $ - Mulch, by hand,straw,2"deep $ 1.27 SY $ - Mulch, by hand,wood chips,2"deep $ 3.25 SY $ - Mulch, by machine,straw, 1"deep $ 0.32 SY $ - Piping,temporary, CPP, 6" $ 9.30. LF $ - Piping,temporary, CPP, 8" $ 14.00 LF $ - Piping,temporary, CPP, 12" $ 18.00 LF $ - Plastic covering,6mm thick,sandbagged $ 2.00 SY $ - Rip Rap, machine placed, slopes $ 33.98 CY $ - Rock Constr. Entrance 100'x15'x1' $ 2,546.68 Each $ - Rock Constr. Entrance 50'x15'x1' $ 1,273.34. Each $ - Sediment pond riser assembly $ 1,695.11 Each $ - Sediment trap, 5'high berm $ 15.57 LF $ - Sediment trap,5'high berm w/spillway incl.riprap $ 59.60 LF $ - Sodding, 1"deep, level ground $ 5.24 SY _ $ - Sodding, 1"deep, sloped ground $ 6.48 SY $ - Straw bales, place and remove $ 432.00 TON $ - Topsoil, delivered and spread $ 35.73 CY $ - King County Sensitive Areas BondQuantityWorksheet(formulas co$e1iitft4eff4F1217,sI80//d Quantity Worksheet Page 6 August 8, 1998 GENERAL ITEMS Unit Cost Unit Qty Total Fencing, chain link, 6'high $ 18.89 LF $ - Fencing, chain link, corner posts $ 111.17 Each $ - Fencing,chain link, gate _ $ 277.63 Each $ - Fencing, split rail, 3'high(2-rail) $ 10.54 LF 380 $ 4,005.20 Fencing,temporary(NGPE) $ 1.20 LF $ - Signs,sensitive area boundary $ 2.50 Each $ - STEEP SLOPE/SLOPE INSTABILITY WRITE-IN ITEMS OTHER NOTE: All plant prices are from Storm Lake Growers,Wabash Natives, Fourth Corner, and Sound Native Plants(containers); and from Frosty Hollow and Abundant Life(seeds). SUBTOTAL(SUM ALL PAGES): $ 12,259.46 30%CONTINGENCY&MOBILIZATION: $ 3,677.84 TOTAL: $ 15,937.30 King County Sensitive Areas BondQuantityWorksheet(formulas coSeififilitittfflffAlltilgiSli3Ond Quantity Worksheet Page 7 August 8, 1998