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HomeMy WebLinkAboutWULFFiled for Record at Request of: When Recorded Return to: Name: City Clerk Address: 239 Fourth Street Bremerton, WA 98337 IMPROVEMENTS AGREEMENT WITH BOND TO I~E FILED WITH CITY CLERK Project Name; Tepee Construction Bld~ Permit Developer Name: Merlin Wulf Location: 3623 6th Street Tax Parcel # 152401-3-170-2008 WHEREAS the City of Bremerton requires certain land developments to include public and private improvements including, but not limited to gutters, sidewalks, curbs, street lights, street widening and stormwater improvements, as a condition for plat, P.U.D., or building permit; and WHEREAS the undersigned, as owner of real property within the City of Bremerton, described in Exhibit "A' and attached hereto by reference herein, (hereinafter "Premises") has Tepee Coremuction Building Permit hnprovements Agreement Page 1 made application for building permit which requires a sanitary sewer main extension according to Building Permit #96-0663. NOW, THEREFORE, the undersigned owner (hereinafter "Owner") and the City of Bremerton (hereinafter "City"), in consideration of the City's approval of Owner's project and the mutual covenants set forth herein, the parties do hereby promise and agree as follows: 1. Bond. The Owner shall post with the City Clerk a bond or bonds in an amount equal to one hundred percent and fifty (150%) of a Contractor's estimated cost of construction of the improvements, described in Exhibit B and as approved by the City Engineer, in the amount of $22,500. The bond shall provide, as a minimum, the following: a. The Owner shall complete the project in accordance with good and accepted engineering and construction practice. b. The Owner shall fully comply with all terms of this agreement. c. The Owner shall fully comply with all requirements of law in carrying out the project, and shall comply with all lawful requirements imposed by any agency with jurisdiction relating to the project. d. The bond shall be effective for at least two years after completion of construction unless affirmatively released sooner by the City, and shall guarantee the completed projects against defects in workmanship and materials. Bond amount during guaranteed period shall be twenty percent (20%) of the project cost. e. The bond must be approved by the City of Bremerton's Risk Manager and may take any of the following forms: 1) One or more surety bonds issued by any surety company licensed to do business in the State of Washington. 2) A cash deposit in the full bonded amount deposited with the City Treasurer. Imp~oyemen~ Agreement 3) An assignment of funds on deposit in a licensed bank or credit union, in the full bonded amount and releasable only upon order of the City Engineer upon satisfactory performance of this agreement. 2. Construction of Improvements. The Owner shall construct the improvements, described in Exhibit "B", as directed by the City within two (2) years of submitting the bond to the City for the construction of said improvements, unless an alternative time has been mutually agreed upon. If the Owner falls to construct said improvements within the time described above, the City shall have the authority to construct said improvements. The bond shall be forfeit to pay the costs of construction. Costs incurred by the City in excess of the bond shall be assessed against the Owner and filed and recorded as a lien on the Premises under procedures for a mechanic and materiaiman's liens. 3. Covenant. The undersigned further agrees that this Agreement and the promises made herein shall be binding upon the undersigned and their heirs, successors, and assigns. 4. Standards. Owner agrees to construct said improvements in compliance with City standards in effect at time of construction. 5. Permits. Owner shall obtain a Right-of-Way permit from the City for all work performed within the City Right-of-Way. Owner shall also obtain ail other permits required to complete the improvements. Tepee Construction Building Permit Page 3 STATE OF WASHINGTON) ~ SS. COUNTY OF KITSAP ) On this day personally appeared before me ,d~ ~.~fw~ , to me known to be the individual(s) described in and who executed the within foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this };~z~ day of '~e_~:,~ , 1996. t~. a),..'o.,~ ;'$.2~?;,°*~.(5rJ ,~Publ(~ln and for the State of ~%~.~..~-- My appointment expires:.~ CITY OF BREMERTON ACCEPTED: / W. EUGENE~SA~P~ DIRECTOR OF PUBLIC WORKS & UTILITIEg w/bond EXHIBIT A SECTION 15 I-OWNSHIP 24 RANGE 1E W 70.00FT OF W1/2 OF S 125.00FT OF N 273.00FT OF El/2 OF NE1/4 SE1/4 SW1/4 YGW & SUBJ TO 15FT ESMT (AKA TR B OF CITY OF BREMERTON SHORT PLAT RECD UNDER AUD NO 7804130155 (B-30) Tc~pce Con~mcliem Building Permit Pag~ 5 EXHIBIT B 345 lineal feet of 8" PVC sanitary sewer main with all associated appurtenances. Bond No. LPM 352130 sc I A OUS KNOW ALL MEN BY THESE PRESENTS: That we, TEPEE C(~NSTRUCTION, INC. and AMERICAN BANKERS INSURANCE COMPANY OF FLoRZDA, as Surety, are held and firmly bound unto THE CITY OF BREMERTON, as Obligee, in the sure of TWENTY TWO THOUSAND F1VE HUNDRED DOLLARS AND NO/100THS ($22,500.00) for the payment of which we bind ourselves, our legal representativ~, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has applied for building permit No. 96-0663 with Obligee dated 10-14-96 for gratty sewer extension, 345' from a manhole hi~ated on 6th Street to Southerly property line of TL112, Bremerton, W~. ~ copy of which permit is by reference made a pan hereof. TLs bond is to guarantee the sewer extension permit portion of the job. i NOW, THEREFORE, if Principal shall faithfully perform such or shall indemnity and save harmless the Obligee from all cost and damage by reason of Principa. l's failure to comply with the sewer extension permit, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The surety can extend this obligation by continuation certificates annually and may cancel this obligation with 30 days written notification to the oblige~. Signed, sealed, and dated this 5th day of December, 1996. TEPEE CONSTRUCTION, INC. Principal By:. _ American Bankers Ins~J~ance Company Of 'Florida By: ~ ~e" A~tomey in f~t OAMERICAN COMPANY OF FLORIDA BANKERS'INSURANCE 11222 Quail Roost Driva, Miami, FL 33157-6596 POWER OF ATTORNEY 0 3 5 213 0 That AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA, a corporation of the State of Florida, does hereby make, constitute and appoint: Mary L. Faur~ and Riliott J. Brink its true and law~l attomey.in-lact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company theretx), if a seal is reouired, on bonds, undertakthgs, recognizances, consents of surety Or other written obligations in the nature thereof, as follows: ANY AND ALL BONDS AND UNDERTAI~NGS THE LIABILITY OF THE COMPANY SHALL NOT EXCEED $300,000 (Three Hundred Thousand & 00/100) Dollars and to bind AMI~ICAN BANKEI~ INSURANCE COMPANY OF FLORIDA, a certified copy of which is hereto annexed and made a part of this Power of Attorney. IN WITNESS WHEREOF, AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA has caused these presents to be signed and sealed by facsimile by its duly authorized officers and its corporate seal tx> be hereunr~ affi~d this 23rd day of MAY, 1993. AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA NOTARY PUBLIC Before me personally appeared Jason J. Israel and Leonardo Garcia, to me wellknown, and known to me to be the individuah described in and who executed the foregoing instrument as Senior Vice President and Secretary of the above-named AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA, a corporation and severally acknowledged to and before me that they executed such instrument as such Senior Vice President and Secretary, respectively, of said corporation, and that seal affixed to the foregoing instrument is the corporate seal of said corporation and that it was armed to said instrument by due and regular corporate authority, and that said instrument is the fi~e act and deed of said corporation. Sworn to before me this 23rd day of May, 1993.~~ ~~t~ ~ ~'/ x~ NOTARY PUBLIC STATE OF FLORIDA MY COMMISSION EXP. APRIL 29, 1997 BONDED THRU GENERAL INS. UND. RESOLUTION OF THE BOARD OF DIRECTORS AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA WHEREAS, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act ilar it and in its name in the states and territories of the United States and in the provinces of the Dominion of Canada. RESOLVED, that this Company do and it hereby does authorize and empower its President, Executive Vice Presidents or Senior Vice Presidents in conjunction with its Secretary or one of its Designated Slllners, under its corporate seal, tx) appoint any person or persons as its act as its true and lawful attorney-in.fact, to emecute and deliver any and all contracts, guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed; and FURTHER RESOLVED, that the signature of any officer authorized by Resolutions of this Board and the Company seal may be affiared by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. I certify the above is a true copy of a Resolution adopted at the meeting of the Board of Directors of AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA, on May 22, 1993. State of Florida -~ County of Dada I hereby certify that the above Power of Attorney remains in full force and effect; and furthermore, that the Resolution of the Board of