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HomeMy WebLinkAboutPOTTERFiled for Record at Request of: When Recorded Return to: Name: City Clerk Address: 239 Fourth Street Bremerton, WA 98337 IMPROVEMENTS AGREEMENT WITH BOND Project Name: Assisted Living Concepts/ Short Plat Developer Name: Jack Potter agent Robert L. Dunn Location: W. side Pine Rd apprx 840 S of Sylvan Way Tax Assessor #: 022401-3-033-2000 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 utilities 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 made application for Short Plat which requires approximately 700 lineal feet of sewer main with associated structures and appertenances according to Short Plat #SP 09-96. 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: IMPROVEMENTS AGREEMENT 1 1. Bond. The Owner shall post with the City Treasurer 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 $62,202.00. 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 Attorney 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. 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 fails 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. IMPROVEMENTS AGREEMENT 2 filed and recorded as a lien on the Premises under procedures for a mechanic and materialman'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 all other permits required to complete the improvements. DATED: STATE OF WASHINGTON) COUNTY OF KITSAP ) On this day personally appeared before me ROBERT k. DUNN to me known to be the individual(s) described in and who executed the within foregoin~ 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 261Hday of JUNE , 1996. (~(::~ L~b~[,~ DOI~I4A I . LAZARES Notm3~ Public in a~d for thc State o£ Washington, residing at: PORT ORCHARD My appointment expires: 3/8/97 CITY OF BRB1V~RTON W. EUGENI~ SAMPLLXZ,.P_.Br/' DIRECTOR OF PUBLIC WORKS & UTILITIES IMPROVEMENTS AGREEMENrI' 3 EXIlIBIT A CITY OF BREMERTON SHORT SUBDIVISION APPLICATION LEGAL DESCRIPTIONS EXPIRES 10/9/97 MAY 23, 1996 TOTAL PARCEL: That portion of the Southeast quarter of the Southwest quarter of Section 2, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington, conveyed by that certain Deed of Trust recorded under Kitsap County Auditor's File No. 8207020031. LOT A: That portion of the Southeast quarter o! lhe Southwest quarter of Section 2, Township 24 North, Flange 1 East, W.M., in Kitsap County, Washington, described as follows: Beginning at the Southeast corner ot the Southwest quarter of said Section 2; thence North 3°26'08" East, along the East line ot said Southwest quarter, a distance of 323.00 feet to an intersection with the easterly prolongation of the South line o! that certain parcel of land conveyed by instrument recorded under Auditor's File No. 8207020031 and the TRUE POINT OF BEGINNING; thence North 88°01'30'' West, along said South line, a distance of 331.76 feet; thence North 3°26'08.. East, parallel with the East line of said Southwest quarter, a distance of 345.68 fee~i to the North line of the Southeast quarter of the Southeast quarter of the Southwest quarter said Section 2; thence South 88° 11 '42" East, along said North line, a distance of 331.78 feet to the Northeast corner of the Southeast quarter of the Southeast quarter of the Southwest quarter of said Section 2; thence South 3o26'08'' West, along the East line of said Southwest quarter, a distance · ~t ct,4~ ~ t~t tn fh~ TrH~ Pnint nf FlRninnina: N. LOIs?n&Associates, lnc. Engineering, Plann ng and Land Surveying, Formerly R.M McGinnis & Associates June 24, 1996 Mr. l~dwin T, Lever City of Bremerton Dep~ .rtment of Public Works Utilities Division 3027 Olympus Drive Bremerton, WA 983104799 RE: Firstmark, Inc./Job #4648-96/Dwg. # 964648401847 Assisted Living Project, Bremerton Wa Rickey Road Se over "";¥3' Dear Ned: The following i~ a quantity breakdown and subsequent cost for the Rickey Road Sewer Main, Assisted Living Project. l; 3 Sanitai~y Sewer Maraholes 7,1 ft, 7.8 ft and 10 ft. 3 only @ $1,500 = $4,500 2. 1 Sanitary Sewer Drop M~hole., 17,ft, only @ $3,200 = $3,200 3. Asphalt ~ouerete Class B. ~5 tom @ $35/ton -- $2,975 4.. Asphalt ireated base. ~ tons @ $30/ton = $1,650 5. Crushed!S~trfaeing top Course. ,~8 tons @ $16/ton = $768 / 6. Gravel ~;;ons @ $12/ton = $2,460 7. Pipe 120tons @ $18/ton Be4ding $2,160 / 2403 eETHEL AVENUE, P.O~ aOX 037, PORT ORCHARD, WASHiNgTON (360) 876-2284 FAX (3~0) 876-1487 206-876-1487 N~ L. OLSON & ASSOC. 914 P02 JUN 24 '96 15:25 EXHIBIT B 8. Pit Run 13ackfill 300 tons @ $8/tons = $10,400 9. 8 inch dj ameter PVC pipe ~gSTM 3034, SDR 35 1 LF @ $8/LF = $5,528 I0. Trench xcavation and sharing ,180 cy @ $4/cy = $4,720 $3S,36 W.S.S.~'. @ 8.1% $ 3.107 TOTAI~I $41,468 / Bond amount a~ 150% amounts to $62,202. President cc: Robert Dunn ~irstmark, Inc, NLO/pal PERFORMANCE BOND NO: PR~312960626 PRESER VA TION REASSURANCES OF D UBI, IN LIMITED ISSUED ON BEHALF OF ASSISTED LIVING CONCEPTS JUNE 26, 1996 THE AMERICAN INSTITUTE OF ARCHITECTS BOND NO. PR-312-960626 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): ASSISTED LIVING CONCEPTS PRESERVATION REASSURANCES OF DUBLIN LIMITED 9955 S.E. WASHINGTON ST. #201 A PRIVATE GUARANTOR, REGISTRATION NO. 247286 PORTLAND, OR 97216 THIRD PARTY ADMINISTRATOR LOCATED AT: 23112 S.W. 54TH AVENUE - BOCA RATON, FL 33433 OWNER (Name and Address): CITY OF BREMERTON, WASHINGTON 239 - 4TH ST. BREMERTON, WA 98337 CONSTRUCTION CONTRACT Date: 6-26-96 Amount: $62,202.00 Description (Name and Location): WORK ON THE RICKEY ROAD SEWER MAIN BOND Date (Not earlier than Construction Contract Date): 6-26-96 Amount: $62,202. O0 Modifications to this Bond: [] None [] See Page 3 CONTRACTOR AS PRINCIPAL SURETY PRESERVATION REASSURANCES OF DUBLIN Company: (Corporate Seal) Company: (Corporate Seal) ASSISTED LIVING CONCEPTS Name and Title: KEREN BROWN WILSON PHD Name and Titl{? ~]~)EL WISSE PRESIDENT/CEO ',,,.~,TTORNEY- IN-FACT (Any additional signatures appear on page 3) (FOR INFORMATION ONL Y~Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): I The Contractor and the Surety, jointly and severally, which it may be liable to the Owner and, as bind themselves, their heirs, execu,tors, administrators, soon as practicable after the amount is deter- successors and assig~qs to the Own~r for the performance mined, tender payment therefor to the of the Construction Contract, which is incorporated herein Owner; or by reference. ' .2 Denyliabilityinwholeorinpartandnotifythe ') If the Contractor performs the Construction Contract, Owner citing reasons therefor. the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as $ If the Surety does not proceed as provided in Paragraph provided in Subparagraph 3.1~ 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an $ If there is no Owner Default, the Surety's obligation additior31 written notice from the Owner to the Surety under this Bond shall arise after: demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any 3.1 The Owner has notified the Contractor and the remedy available to the Owner. If the Surety proceeds as Surety at its address described in Paragraph 10 below provided in Subparagraph 4.4, and the Owner refuses the that the Owner is considering declaring a Contractor payment tendered or the Surety has denied liability, in Default and has requested and attempted to arrange a whole or in part, without further notice the Owner shall be conference with the Contractor and the Surety to be entitled to enforce any remedy available to the Owner. held not later than fifteen days after receipt of such notice to discuss methods of performing theConstruc- 6 After the Owner has terminated the Contractor's right tion Contract. If the Owner, the Contractor and the to complete the Construction Contract, and if the Surety Surety agree, the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1, 4.2, or 4.3 above, able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall such an agreement shall not waive the Owner's right, if not be greater than those of the Contractor under the any, subsequently to declare a Contractor Default; and Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the 3.') The Owner has declared a Contractor Default and Owner under the Construction Contract. To the limit of the formally terminated the Contractor's right to complete amount of this Bond, but subject to commitment by the the contract. Such Contractor Default shall not be de- Owner of the Balance of the Contract Price to mitigation of dared earlier than twenty days after the Contractor and costs and damages on the Construction Contract, the Sure- the Surety have received notice as provided in Sub~ paragraph 3.1; and ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- 3.3 The Owner has agreed to pay the Balance of the tion of defective work and completion of the Construc- Contract Price to the Surety in accordance with the tion Contract; terms of the Construction Contract or to a contractor selectedtoperformtheConstructionContractinaccor- Ii.') Additional legal, design professional and delay dance with the terms of the contract with the Owner. costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety 4 When the Owner has satisfied the conditions of Para- under Paragraph 4; and graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: Ii.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- 4.1 Arrange for the Contractor, with consent of the ages caused by delayed performance or non-perfor- Owner, to perform and complete the Construction mance of the Contractor. Contract; or 4.2 Undertake to perform and complete theConstruc- 7 TheSuretyshallnotbeliabletotheOwnerorothersfor obligations of the Contractor that are unrelated to the Con- tion Contract itself, through its agents or through inde- struction Contract, and the Balance of the Contract Price pendent contractors; or shall not be reduced or set off on account of any such 4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or contract for performance and completion of the Con- its heirs, executors, administrators or successors. struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor 8 The Surety hereby waives notice of any change, includ- selected with the Owner's concurrence, to be secured lng changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- with performance and payment bonds executed by a tions. qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this Bond amount of damages as described in Paragraph 6 in ex- may be instituted in any court of competent jurisdiction in cess of the Balance of the Contract Price incurred by the the location in which the work or part of the work is located Owner resulting from the Contractor's default; or and shall be instituted within two years after Contractor 4~4 Waive its right to perform and complete, arrange Default or within two years after the Contractor ceased for completion, or obtain a new contractor and with working or within two years after the Surety refuses or fails reasonable promptness under the circumstances: to perform its obligations under this Bond, whichever oc- curs first. If the provisions of this Paragraph are void or .1 After investigation, determine the amount for prohibited by law, the minimum period of limitation avail- AIA DOCUMENT A312 · PERFORMANCE BOND AND PAYMENT BOND · DECEMBER 1984 ED. · AIA ~,~ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N,W., WASHINGTON, D,C. 20006 A312-1984 2 THIRD PRINTING · MARCH 1987 able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by shall be applicable, the Owner in settlement of insurance or other claims 10 NoticetotheSurety, theOwnef'ortheContractorshall for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on be mailed or delivered to the address shown on the sig- behalf of the Contractor under the Construction Con- nature page. tract. 11 When this Bond has been furnished to comply with a 12.2 Construction Contract: The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- the construction was to be performed, any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this which has neither been remedied nor waived, to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 OwnerDefault: FailureoftheOwner, whichhas neither been remedied nor waived, to pay the Con- 12.1 Balance of the Contract Price: The total amount tractor as required by the Construction Contract or to payable by the Owner to the Contractor under the Construction Contract after all proper adjustments perform and complete or comply with the other terms thereof. have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURI~T¥ .RESERVAT TON R E A S S U RAN ~-EoS, o~at~) ~J~r) I N Company: (Corporate Seal) compan~ ASSISTED LIVING CONCEPTS lIMITED A PRIVATE GUARANTOR Signature: Signature: Name and Title: KEREN BROWN WILSON PHD Name and Title: ,JOEL WISSE Address: PRESIDENT/CEO Address: ATTORNEY-IN-FACT AIA DOCUMENT A312 · PERFORMANCE IBOND AND PAYMENT BOND · DECEMRER 1984 ED. · AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE,, N,W., WASHINGTON, D.C. 20006 A312-1984 3 THIRD PRINTING · MARCH 'J987 V · SPECIAL POWER OF ATTOt:hNE¥ 'Effective Date: ~anua~ 1, 199'6 Atto aey-imFact's Name & Address David M. Novick, President Joel S. Wisse, Exemtive Vice-President iv£GA BONDING & ASSURANCE SERVICES, D4C. 11811 N. Tatmm Blvd., Suite P-I95 PhoenLx, ,¢45zona 85028 Pri{cipal's Name & Address TRIASIA, LTD Mir. Robin Song Two Lanark _Square Glengall Bridge London, England E-lC Principal constitutes and appoints David ~ Novid< a~d/or Joel S. Wisse, Attorney-in-Fact to act as the trae und law-fui attorney for Principal and in the name, place and s~ead of Principal v, Sth re~ect to any de:ds, contrac~ of sale, deeds of trast, promisanp/note.s, bonds, guarantees or other 1Lke instx~nentz. 1. To make, do and tra.r~act all Administration and Underwriting expertise of whatever natm-e and'kSnd for and in the name of the prindp~fl and as the Principal's act and deed; and to sign, seal, exe~te, deliver and acknowledge such a~eementS, bon~, and other insm.t~ents in writing, of whatever ldnd and narrate, as may be necessany or proper to caw./out ~ansactions peiXalning to th~ c6mmitment and isanmace of various types of bonds utilizing those companies under, thy Triasia, LTD umbrella and or has Power of A~tomey for and is authorized to tsan~'er said Power of Attorney. 2. To do and per~orm all and every act and thing whatsoever.required to be done, as fi.dly to all intents and purposes as Principal mi~t or could do if personally presint. The principal hereby ratifies and cnr~firrns all that the Attorney-in-Fact shall la,MuJly do or cause tq be done by virtue of this Special Power of Attorney. 3. To do uneperform all and every act and thing whatancver required, to be done to s'absfimte collateral or to provide additional collateral in wkich Principal may have an interest in order for Prindpal to perforni its obligations under GuaranU A~eements or other instruments on behaff of the principal. STEPHA~iE A. GRECQ LONDON ~LI~O BANK, c ORPOF~,-~E ~ANDAT~ ' dminl~tr~,Uon amd un0~e~n 1. AMERIC~ FIRE ~D ~NE INStaNCE CON~PAHY, LYO 2, 1MPER~ FIBELI~ AN¢ GU~, LTO- p~8(RV~TION REINS0~CE ~MPANY, S.~ : D~md ml~ 1 ~ d~y oi NOVEMBER, SI.Q~ed b~ ~ X~. R~I ' t~ o~ LONDON ~URO ._ ~ _L_-,~, ~m fDirac~oro~LONOON y~( ~ 1NV~TMENT ~RPO~/~' ~--" ' BY; homa~H Chcro, Prcs[d~nt, APO~'FILLB ' (Jlagu¢ CohYentlon r)C 5 October 196]/~nventim} de [,4 Ilayc du ~ oc{obre I961)