Loading...
HomeMy WebLinkAboutPK06-309 - Other - Developer Extension Renewal Agreement - Service Club Ballfields " -x Records Man,--,�a-=g' -eme3-i9ht,,-, KENT 3Document WABHINGTDN 3 fl CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact Mary Simmons, City Clerks Office. Vendor Name: �i?25 (ie-ezI. 114e& Contract Number: This is assigned by Mary Simmons Vendor Number: 31- ,1;2-7 Project Name: C5,7el'llGG lilLl AW144e 5 111- Contract Effective Date: (o� f05— Contract Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Department: Abstract: L7832 07i02 i COPY SOOS CREEK WATER AND SEWER DISTRICT DEVELOPER EXTENSION CHECKLIST AND AGREEMENT PROJECT NAME SERVICE CLUB BALL FIELDS DATE AGREEMENT SIGNED DATE AGREEMENT FEES PAID EXPIRATION DATE TYPE ❑WATER EXTENSION ® SEWER EXTENSION ❑ DISTRICT ENGINEERED ® DISTRICT ENGINEERED ❑ OPTIONAL ENGINEERING ❑ OPTIONAL ENGINEERING i ❑ Latecomer ® Latecomer MAIN EXTENSION FEE ACCOUNT INSPECTION ACCOUNT GUARANTY DEPOSIT ACCOUNT EASEMENT DEPOSIT ACCOUNT ADDITIONAL FEES ACCOUNT Revised 6262002 SOOS CREEK WATER AND SEWER DISTRICT KING COUNTY, WASHINGTON Commissioners Randy Reece Clement Quanrud Steve Sandelius Philip Sullivan Karen Webster Sewer and Water District Office 14616 S E. 192nd Street P.O Box 58039 Renton, Washington 98058-1039 Ron Speer, District Manager Telephone. 253-630-9900 FAX 253-630-5289 email. rspeer@sooscreek com Consulting Engineer Roth Hill Engineering Partners, LLC 14450 N E 29th Place, #101 Bellevue, Washington 98007 Telephone 425-869-9448, 206-682-7426 FAX 425-869-1190 email jroth2@rothhdl corn Attomey Hanis Greaney, PLLC 6703 South 234`h Street, #300 Kent, Washington 98032-2900 Telephone 253-520-5000 FAX 253-893-5007 email Mhanis@HGZlaw corn -ii- 1 SOOS CREEK WATER.AND SEWER DISTRICT KING COUNTY, WASHINGTON DEVELOPER EXTENSION CHECKLIST NAME OF PLATIPROJECT SERVICE CLUB BALL FIELDS LOCATION 14806 SE 288TH ST Parcel #342205 9098 DEVELOPER City of Kent Parks Department ADDRESS 220 4`h Ave S Kent, WA 98032-5895 PHONE 253-856-5115 FAX EMAIL ADDITIONAL OWNER(S) DEVELOPER'S ENGINEER REG. NUMBER ADDRESS PHONE FAX EMAIL CONTRACTOR LICENSE NUMBER ADDRESS PHONE FAX EMAIL OTHER JURISDICTIONS ® King County ❑ City of Maple Valley ❑ City of Covington ❑ City of Renton ® City of Kent ❑ Cedar River Water& Sewer District ® Water District#111 ❑ Covington Water District DOCUMENTS In addition to this Developer Extension Agreement, the following additional documents may be required for performance of a Developer Extension Project - Pre-Construction Conference Checklist - Contractor's Release - Engineer's Release (Optiona( Engineenng Method) - Performance Bond - Bill of Sale - Developer Extension Renewal Agreement - Assignment and Covenant to Perform Developer Extension Agreement - Performance and Indemnification Bond - Certification of Assignment in Lieu of Performance Bond - Value of Systems - Resolution No 1888-C, Fees and Charges for Developer Extensions - Resolution No 1904-S, Maintaining Grades and Television Inspection You will be provided a copy of each with this Developer Extension Agreement. Please review your Developer Extension Package to determine that you have received each item Signing of this Agreement shall constitute a representation that you have been provided all materials. w - A. PRELIMINARY ❑ 1 Payment of preliminary engineering fee (DEVELOPER) ❑ 2 Approved or draft preliminary plat map (DEVELOPER) Scale 1" = 100' or 1" = 50' ❑ 3 Contour map with 5' or less intervals (DEVELOPER) (KCAS or NAVD 88 Datum) ❑ 4. Legal description of property (DEVELOPER) and any encumbrances ❑ 5. Existing and finished road and storm plan and (DEVELOPER) profile (showing minimum floor limitations, if any) Hor 1" = 50' Vert 1" = 5' ❑ 6 Fire flow requirements and hydrant locations (DEVELOPER) from Fire Marshal (Water Extensions) ❑ 7. Cost estimate of special facilities (DISTRICT) ❑ 8 Calculation of Main Extension Fee(s) (DISTRICT) ❑ 9 Issue design and construction standards (DISTRICT) ❑ 10 Application form completed (DEVELOPER) ❑ 11. Payment of first half of Main Extension Fee, (DISTRICT) Review Fee deposit, if applicable, Developer Guaranty Deposit, Developer Conformance Deposit, and the Deposit for Easement Preparation and Processing ❑ 12 Submit electronic drawing files to District (DEVELOPER) ❑ 13 Application approved and plans ordered (DEVELOPER) _v_ 5J d Y B. REQUIRED BEFORE PRE-CONSTRUCTION CONFERENCE Note: Final site plans must be completed prior to pre-construction meeting. ❑ 1. Plans and specifications prepared and submitted to District for review - District Engineered (DISTRICT) - Optional Engineering (DEVELOPER) ❑ 2. Written approval by District of system plans (DISTRICT) and specifications ❑ 1 Written approval of final street and storm (DEVELOPER) construction plans by appropriate jurisdiction ❑ 4 Approval of plans by County or City Fire Marshal (Water Extensions) - District Engineered (DISTRICT) - Optional Engineering (DEVELOPER) ❑ 5. Review of plans by King County Water Treatment Division (Sewer Extensions) - District Engineered (DISTRICT) - Optional Engineering (DEVELOPER) ❑ 6 Off-site easements and construction (DEVELOPER) permits properly executed and delivered to District ❑ 7 Approval of plans by applicable permitting agencies - District Engineered (DISTRICT) - Optional Engineering (DEVELOPER) ❑ 8 Insurance certificate (DEVELOPER/CONTRACTOR) ❑ 9. Payment of second half of Main Extension Fee(s) (DEVELOPER) ❑ 10 Provide itemized contractor bid sheet for off-site (DEVELOPER) and on-site work -vi- ❑ 11 Pre-construction conference (DISTRICT, DISTRICT ENGINEER, DEVELOPER, DEVELOPER'S ENGINEER, CONTRACTOR) Note: For residential projects, Developer or on-site representative, and on-site representative of the Contractor (i.e. foreman) must be present at the pre-construction conference For commercial projects, Developer's engineer must also be present. C. REQUIRED BEFORE CONSTRUCTION BEGINS ❑ 1. Request for final staking with required offsets (CONTRACTOR) ❑ 2. Performance Bond for off-site work (DEVELOPER) ❑ 3. One week notice of starting date (CONTRACTOR) ❑ 4. Construction stakes in place - District Engineered (DISTRICT) - Optional Engineering (DEVELOPER) ❑ 5. Grade sheets prepared and issued to (DISTRICT) Field Representative (for Water Extensions only if opt method or if specified on plans) ❑ 6 Required facilities or design modifications (DISTRICT) (e.g., oversizing and/or overdepth), if any, determined by District ❑ 7. Survey control (centerline street and lot corners) (DEVELOPER) staked in field ❑ 8 Provide preliminary plat (DEVELOPER) ❑ 9. Coordination of telephone vaults, and (DEVELOPER) coordination of power vault and hand hold locations with Puget Sound Energy -vii- D. PRIOR TO ACCEPTANCE OF JOB ❑ 1. Stringing of line in sewer main for TV (CONTRACTOR) inspection -160 lb strength nylon line (Sewer Extensions) ❑ 2. TV inspection of system (Sewer Extensions) (DISTRICT) ❑ 3. Approval of construction final (DISTRICT) ❑ 4. Certification of areas of all parcels and lots (DEVELOPER) ❑ 5. Verification of site grading to meet plat design (DEVELOPER) ❑ 6. Installation of telephone and Puget Power facilities (DEVELOPER) ❑ 7. Construction costs to District (DEVELOPER) ❑ 8 Preparation of Bill of Sale (DISTRICT) ❑ 9. Preparation of Latecomer Agreement (DISTRICT) ❑ 10. Executed Bill of Sale and on-site easements (DEVELOPER) returned to District Note: Signed easements are required prior to recording Final Plat. ❑ 11. As-budts prepared (DISTRICT) ❑ 12. Value of system to District (DEVELOPER) ❑ 13 Copy of recorded final plat, showing minimum (DEVELOPER) floor elevation limitations, if any ❑ 14 Record Bill of Sale (will not be recorded (DISTRICT) until District has received all documents) -vill- Water Meter and Side Sewer Permit Applications will now be accepted E. PRIOR TO RELEASE OF GUARANTY CASH DEPOSIT ❑ 1 Final inspection lust prior to one year (DISTRICT) from acceptance of Sill of Sale ❑ 2 Notification of necessary repairs and/or (DISTRICT) restoration ❑ 3. Completion of repairs (DEVELOPER) ❑ 4. ProVide a copy of recorded Plat (DEVELOPER) ❑ 5. Final accounting for completion bond, (DISTRICT) set-aside letter, or cash deposit (if used) ❑ 6 Accounting for any funds applied from Deposit, (DISTRICT) release of balance -ix- SOOS CREEK WATER AND SEWER DISTRICT KING COUNTY, WASHINGTON APPLICATION AND AGREEMENT TO ALLOW CONSTRUCTION OF EXTENSION TO FACILITIES l TO SODS CREEK WATER AND SEWER DISTRICT The undersigned ("the Developer"), hereby makes application to Soos Creek Water and Sewer District, King County, Washington ("the District"), for permission to construct and install an extension to the District's ❑ Water ® Sewer facilities in the public right-cf-way under the District's franchise, and/or upon easements approved by the District, by the ® District Engineered ❑ Optional Engineering Method, and to connect to the District's water distribution system and/or sewage collection system, and in consideration thereof, makes the following representations and agreements, to wit 1. LOCATION OF EXTENSION Name of Plat/Project SERVICE CLUB BALL FIELDS 2. LEGAL DESCRIPTION A copy of the plat must be attached and must include a legal description, and by this reference thereto the same is made a part of this Agreement 3. DESCRIPTION OF EXTENSION a. The proposed extension will consist of approximately 0 lineal feet of water pipe 910 lineal feet of sewer pipe and appurtenances and shall be installed in accordance with the plans and specifications provided by the District's engineer, and in accordance with the standards and conditions - 1 - for constructing extensions to the District's systems adopted by the Board of Commissioners of the District, the terms of which are by this reference made a part hereof as though set forth in full herein b. The Limitation Period for Acceptance of this extension, as described in Section 30, shall be 12 months from the date of this Agreement c This extension ® does ❑ does not include the installation of facilities for which latecomer reimbursement, as described in Section 26 is available 4. SPECIAL FACILITIES Special facilities are those that must be constructed to make service available to the Developer's plat, but which are other than the typical mains and appurtenances for developer extension projects (e g pump stations and pressure reducing valve stations) The description and estimated construction cost of any special facilities are as follows (check one) ® a Not applicable ❑ b. As attached, and by this reference made a part of this Agreement Cost of water system special facilities $ Cost of sewer system special facilities $ 5 PROJECT ACCOUNTING DUE WITH APPLICATION WATER SEWER Main Extension Fee (1/2) - $ 00 $ 9,71425 Review Fee(Optional Engineering) $ $ Developer Guaranty Deposit $ 00 $ 35000 Developer Conformance Deposit $ 00 $ 35000 Deposit for Easement Preparation $ 00 $ 2,50000 and Processing Prepayment of Street Lights $ $ TOTAL DUE WITH APPLICATION S 00 $ 12.9_j4.25 -2- ADDITIONAL AMOUNT DUE PRIOR TO PRE-CONSTRUCTION CONFERENCE Main Extension Fee Balance (112) $ .00 $ 9,714.25 SCWSD Inspection Deposit $ 00 $ 1,638.00 TOTAL DUE PRIOR TO PRE- CONSTRUCTION CONFERENCE .00 11 352.25 6. OTHER FEES AND CHARGES-INFORMATIONAL ONLY a Construction Observation Fee Estimated Amount Included in Water Main Extension Fee $ .00 Estimated Amount Included In Sewer Main Extension Fee $ 6,51560 b Latecomer/Special Connection Charges Water- No $ .00 Sewer- No $ .00 c Current District General Facility Charge Water- $ Sewer- $1,848 00 per unit d Seattle Public Utility Charge Water- $ 7. MAIN EXTENSION FEE A Main Extension Fee shall be paid by the Developer to the District in an amount equal to the current rate schedule adopted by Resolution for main extension fees for water main and/or gravity sewer extensions Payment of the Main Extension Fee is in consideration of the following basic work a Optional Engineering Method i Advice regarding District's requirements ii Construction staking (horizontal only) ui Final acceptance inspection by the District, if within the Period for Acceptance as specified in Section 30 hereof Any inspections following such Period shall be - 3- deemed "additional" and charged for as provided in Section 10 hereof IV Preparation of as-built record of extension v Regular and ordinary administrative costs, which have been determined to be 20%of the total amount vi. Regular and ordinary legal fees attributable to the administration of developer extension agreements vu Regular and ordinary administrative costs attributable to special facilities vm Preparation of Bill of Sale and Resolution of acceptance b District Engineered Method For the District Engineered Method, the Main Extension Fee is also in consideration of the following, in addition to the items for the Optional Engineering Method i (Water Extensions) Plans sent to Fire Marshal and to City or County for approval (except as noted in Section 10) ii. (Sewer Extensions) Plans sent to King County Wastewater Treatment Division, and to Cities with jurisdiction for approval (except as noted in Section 10) iii Four (4) sets of contract plans, specifications and information required for the preparation of the Bill of Sale 8. REVIEW FEE-OPTIONAL ENGINEERING METHOD A Review Fee shall be paid by the Developer to the District for the review of plans by the District to determine compliance with District standards and the requirements of other agencies having regulatory authority or control over the extension The fee shall be paid at the time of application Any actual amounts above the fee incurred as a consequence of the Developer's Engineer's failure to properly perform all of the functions described in Section 9 shall be deemed "additional" and charged as provided in Section 10 of this Agreement 9. DEVELOPER REQUIREMENTS -OPTIONAL ENGINEERING METHOD NOTE: THE DEVELOPER EXTENSION FEE UNDER THE OPTIONAL ENGINEERING METHOD REQUIRES THE DEVELOPER'S ENGINEER TO PERFORM ALL OF THE FOLLOWING FUNCTIONS WITH REGARD TO THE DEVELOPMENT. a Determine District's construction specifications and standards and advise Developer to Send plans to agencies for approval c Provide five(5)sets of approved contract plans and specifications to the District -4- d. Provide AUTOCAD Release 14 Drawing Compatible (DWG) electronic files on 3-1/2 inch diskette, or CD ROM, files to include any special fonts used, all external cross-references, lot and street layout with computation data, street and storm plan and profile data, and site topography and proposed site grading plan e Preparation of SEPA Checklist and Environmental Impact Statement, if required, or other environmental documents necessary for compliance with SEPA 10. ADDITIONAL FEES Additional fees shall be paid by the Developer to the District for the costs of work required in addition to the basic work described in Section 7, including, but not limited to the following a. Revisions to the contract plans and specifications and other work occasioned by any act of the Developer, the Developer's engineer, or the Developer's contractor b. Cost of preparing, as applicable, permit applications for King County or appropriate city Grading and Clearing Permit, Shorelines Substantial Development Permit, Special Use Permit, Right-of-Way Use Permit, Washington State Department of Transportation Right- of-Way Permit, Army Corps of Engineers Section 404 Permit, hydraulic project approvals, and any railway right-of-way permits, including application costs, fees, bonds, insurance, filing and administrative costs c Costs attributable to obstruction, delay or prevention of construction staking, establishment of benchmarks, and/or replacement of stakes and additional staking d Costs of obtaining King County, appropriate city, and/or State of Washington or other governmental agency permits, franchises, LSA boundary adjustments, annexations, or required approvals, and charges for any inspections performed by those agencies. (Cnarges for such services are established by the individual agency and not by the District) e Easement preparation costs, including title policies, as-built surveys, easement drafting, and any necessary addenda or special stipulations required therein, and Resolutions of acceptance f Costs attributable to any required environmental assessment and evaluation, including SEPA Checklists and Determinations g Costs of preparation of any special agreements between the Developer and the District, and Resolutions of acceptance In, Actual construction observation costs, including costs attributable to Developer field revisions and/or defective work i Any and all costs, charges, expenses and damages attributable to failure of the - 5- I i �y I Developer to comply with this Agreement and/or the requirements of any governing agency f Any and all costs, charges, and expenses incurred by the District to perform or complete any of those functions identified to be performed by the Developer's engineer under the Optional Engineering Method, as described in Section 9 k All costs and expenses billed to the District by the District's engineer attributable to engineering advice to Developer and/or its engineer as a result of inability or failure of Developer's engineer to perform the services described in Section 9 l (Water Extensions) Re-notification of customers if Contractor is unable to meet pre- arranged shutdown schedule M. All costs, damages and expenses, including reasonable attorney fees, incurred by the District in responding to, and/or defending claims made by third parties for acts of the Developer, its engineer or contractor Additional fees shall be based upon the District's current schedule of costs for District employees, and actual engineering, legal and other charges for additional work, plus 20% of the total thereof as the District's administrative costs attributable thereto Such fees are due upon receipt of the District's invoice, and completed payment is a prerequisite for acceptance by the District of the extension 11. PAYMENT OF FEES, CHARGES, AND DEPOSITS The following is a description of the fees, charges, and deposits, and the payment terms thereof attributable to this Agreement, and/or necessary to provision of service by the District a Main Extension Fee - This fee is as described in Section 7 hereinabove, and is set by Resolution It shall be paid in two equal installments, one-half at the time of application, and the balance prior to the pre-construction conference b Review Fee - Optional Engineering Method - This fee is described in Section 8 hereinabove, and is set by Resolution It shall be paid at the time of application c Construction Observation Fee - The actual cost for construction observation as determined by the District, plus 20% for administrative costs An estimated amount is included in the Main Extension Fee To the extent that actual construction observation costs exceed this amount, and/or to the extent such costs are attributable to Developer field revisions or deficient work, they shall be deemed "additional" and charged for as provided in Section 10 of this Agreement d Developer Guaranty Deposit - This deposit is described in Section 15 hereof, and is set by Resolution It shall be paid at the time of application -6- e Developer Conformance Deposit - This deposit is described in Section 16 hereof, and is set by Resolution It shall be paid at the time of application f Latecomer/Special Connection Charges - The charge presently allocated against the property to be developed for prior construction for which there is a connection fee established This charge is to be paid at the time of submission of the Bill of Sale as a condition to commencement of service g Deposit for Easement Preparation and Processing -The estimated cost as determined by the District for preparation, legal fees, recording fees and 20% administrative cost attributable to easement preparation and processing, due at the time of application In General Facilities Connection Charge -The District's charge for general facilities This fee is subtect to change and is non-refundable Residential connections are charged on a per living unit basis Commercial and all other non-living units will be charged on a cost per square foot basis Public schools will be charged on an Equivalent Residential Unit (ERU) basis The connection charge shall be paid at the time of application for a meter, or at such earlier time as may be permitted by Resolution, at the current rate in effect at the time of such application See attached current fee schedule i Prepayment of Street Lights -A prepayment of 6 months of street light costs for protects which will include street lights It shall be paid at the time of application All amounts remaining from deposits or other funds, including, but not limited to those paid pursuant to this or any other Section of this Agreement, paving deposits, and construction completion deposits for early plat approval, shall first be applied by the District to overruns occurring in the performance of any other portion of this Agreement, and only the balance thereof, after such application, shall be refunded to the Developer. j 12. PRELIMINARY ENGINEERING The Developer shall furnish three (3) copies each of the approved preliminary plat map, contour map, and proposed road and storm plan and profile sheets, approved by King County or the applicable city If the design is based upon preliminary plans, any changes required by the revision of site, road or storm plans will be charged as an Additional Fee (Section 10) The final plat map shall be to a scale of 1 inch = 100 feet or 1 inch = 50 feet The contour map shall be to a scale of 1 inch = 100 feet with contour intervals of 5 feet or less The road profile and storm plan sheets shall be to a scale of 1 inch = 50 feet and shall be furnished to the District rolled, not folded The Developer shall also provide the description, location and elevation of all bench mark data available on the protect site, and this information, wherever possible, shall be indicated on the maps furnished by the Developer Datum shall be King County Aerial Survey (KCAS or NAVD 88) If not 7 provided by the Developer, this data will be procured by the District, and the cost thereof will be charged as Additional Fees pursuant to Section 10 hereof, to which fee the Developer hereby consents The Developer shall also furnish a plat computation work map with a scale of 1 inch = 50 feet, and a certification by the Developer's engineer of the areas of all lots and parcels within the plat 13. CONSTRUCTION STAKING The Developer shall provide center line control and lot comer stakes forty-eight (48) hours prior to requesting construction staking by the District engineer 14 EVIDENCE OF INSURANCE The Developer or the Developer's contractor shall secure and maintain during the life of this contract Public Liability Insurance for bodily injury and property damage liability, including without limitation, coverage for explosion, collapse, blasting and destruction of underground utilities (X C U ) and contingent liability, including projects and completed operations and blanket contractual liability, as shall protect the Developer or Developer's contractor, the District and its officers, agents and employees, and specifically designating the District's consulting engineering firm, and the representatives or employees of any regulatory agency with personnel on site, as additional named insureds in said policies, all at no cost to the District The above insurance shall cover the District and its officers, agents and employees, its consulting engineering firm, regulatory agencies with personnel on site, the Developer, and the Developer's contractor and sub-contractors for claims or damages for bodily injury, including wrongful death, as well as other claims for property damage which may arise from operations under this Agreement, whether such operations be by the Developer or by any contractor or sub-contractor or anyone directly or indirectly employed by either of them, and the Developer agrees, in addition, to indemnify and save harmless the District, its officers, agents and employees, and/or its consulting engineers, from all suits, claims, demands, judgments and attorneys fees, expenses or losses occasioned by the performance of this Agreement by the Developer, its contractor and subcontractors, or persons working directly or indirectly for the Developer, on account of, or in consequence of any neglect in safeguarding the work or failure to conform with the safety standards for construction work adopted by the Safety Division of the Department of Labor and industries of the State of Washington The amount of such insurance shall be as follows $1,000,000 00 combined single limit bodily injury, including wrongful death, and property damage liability The Developer's insurance policy shall not contain deductible or self-insured retentions in excess of$10,000, unless approved by the District The Developer shall not cause any policy to be canceled or permit it to lapse, and all policies shall -8- include a clause to the effect that the policy or certificate shall not be subject to cancellation or to a reduction in the required limits of liability or amounts of insurance or any other material change until notice has been mailed to the District stating when, not less than ten (10) days thereafter, such cancellation or reduction or change shall be effective There shall be provided to the District an "Acord Certificate of Insurance" The Certificate is to be completed in full, endorsed to the required limits, and certified by the Developer's or the Developer's contractor's insurance company 15. DEVELOPER GUARANTY DEPOSIT The Guaranty Deposit shall be to condition the Developer's compliance with the terms, conditions and standards contained or referenced herein, and shall insure the District against any damage to its existing system and/or proposed extension as a result of the Developer's failure to comply The Guaranty Deposit shall be used in cases determined by the District when the Developer has failed to make necessary repairs or restoration of any failures, including ditch settlement, of any portion of the extension covered by the guaranty within twenty-four(24) hours after notification by the District of the necessity for said repairs At the end of the 24 hour period, if the Developer has not accomplished the necessary work, the District will have the work done and pay all costs in connection therewith from the deposit Determination of any necessary repairs or restoration will be made by the District during the course of periodic inspections and until the final inspection that is to be made within one (1) year of the District's acceptance of the Bill of Sale as provided herein The Guaranty Deposit will be retained by the District until all items requiring repair or restoration have been satisfactorily completed, and a copy of King County's or the appropriate city's approval of the plat has been provided to the District In the event that the Guaranty Deposit is reduced by application by the District to repairs or restoration prior to the final inspection, the District will notify the Developer of the amount of the Guaranty Deposit which has been utilized, and the Developer shall immediately deposit with the District the amount of such deposit deficiency The amount of the Guaranty Deposit shall not constitute a limit on the amount of any District claim, or on the Developer's liability for repairs or restoration, or liability arising out of any other claim by the District for breach of any term of this Agreement in the event the Main Extension Fee does not cover actual costs, any balance remaining in this deposit may at the District's option be applied to the deficit 16. DEVELOPER CONFORMANCE DEPOSIT The Developer Conformance Deposit shall be held until the Developer has filed with the District 9 - 1 office a copy of the recorded plat and any adjustments, amendments or additions to the easement documents or as-built records of the District that are required due to changes in the following, but not limited to lot line changes, lot number changes greenbelt area legal description changes, and changes that require amendment to easement descriptions, any of said changes having been made after submittal of the preliminary plat plans, short plat or subdivision plans The Deposit will be retained by the District until all Items requiring adjustment, amendment, or addition have been completed All costs of such changes for engineering, legal and administration shall be deducted from the deposit and any balance remaining shall be returned to the Developer The Deposit shall not constitute a limit on the amount to be paid to the District for any such adjustments, and connections to the system will not be allowed until the District has been reimbursed for the full amount thereof if in excess of the amount of the Deposit. In the event the Main Extension Fee does not cover actual costs, any balance remaining in this deposit may, at the District's option, be applied to the deficit, and the Developer shall be provided an accounting thereof 17. PERFORMANCE BOND FOR OFF-SITE AND COMPREHENSIVE PLAN OR GENERAL FACILITY PORTIONS OF EXTENSION The Developer shall furnish a fully executed Performance Bond prior to the pre-cons c n conference on a form approved by the District and signed by an approved surety or sureties in an ount to be determin by the District Engineer The Performance Bond shall be conditioned upo he faithful performance of all p ons of the extension that are either off-site (not on Developer o ed property), or on-site portions of the Dis ct's Comprehensive Plan, or General Facilities, whl and shall remain in effect until the Developer has c leted all such portions in accordance wt District standards and the provisions of this Developer Extensio greement The Bond shall all provide that the surety agrees to protect and indemnify the District against an direct or indirect los claimed a By reason of failure by the Developer d/or its contractor to faithfully perform the above- referenced portions of the wor r b By reason of failure by t Developer and/or its c tractor to pay all contractors, laborers, mechanics, sub- tractors, agents, materialmen, an I persons who shall supply such Developer dlor its contractors, or their sub-contractors o gents with provisions or sup p s for carrying out those portions of the Developer Extension scribed above The P rmance Bond shall be accompanied by a certification indicating the a nticity of the signing ent to act on behalf of the surety The District may require the sureties or surety coin aP ear and qualify themselves upon the bond Whenever the surety or sureties are deemed insufficien , I - 10- the District may ma7irttn-aun that the Developer furnish additional surety in an amount no eeding that originally required as may be necessary to Cove r-the-reroainin -portio a-of-the-D6V loper Extension as described hereinabove 18. EASEMENTS All easements shall be executed on the District's form and shall be obtained by the Developer at its sole cost and expense prior to commencement of construction Such easements shall be presented free of all encumbrances, except those acceptable to the District The District will record a Notice of Executed Easement upon receipt of plat Volume and Page Numbers Easements over properties that are not within the development site will be recorded upon receipt Easements within the development site will be recorded by the District upon completion of the extension and recording of the Final Plat If the actual cost of preparing and administering easements exceeds the Deposit for Easement Preparation and Processing as described in Section 11 hereof, the Developer will be billed for such additional amount, and the Developer agrees that such billing must be paid as a condition to the District's acceptance of the extension In the event the Main Extension Fee does not cover actual costs, any balance remaining in this deposit may at the District's option be applied to the deficit 19. PERMITS All necessary permits and governmental approvals shall be applied for and obtained by the District before construction commences, at the Developer's expense, and shall be paid as an Additional Fees (Section 10) 20 GRADING OF ROADS The Developer shall grade all roads to the design subgrade elevation prior to the start of construction or construction staking, and shall advise the District in writing of any changes which may be contemplated during construction If the Developer changes the subgrade elevat ion of any road after completion of the extension, or any part thereof, the Developer shall be responsible for all costs incurred by the District as a result of any such change in subgrade elevation This obligation shall continue in full force until King County and/or any other governing agency releases the right-of-way or road construction bond, or releases any bond of other description provided to ensure the Developers obligation to the County or other agency for completion of roads within the area of the extension 21. SEWER EXTENSIONS - MAINTENANCE OF CORRECT GRADES, AND TELEVISION TESTING FOR CONFORMANCE TO STANDING WATER STANDARDS - 11 - 1 I The Developer and its contractor shall maintain correct grade at all points between manholes This requirement shall, at a minimum require checking of intermediate grades by means of a taut grade wire between no less than three (3) intermediate grade stakes between manholes In the event that the grade stakes do not line up, the work shall be stopped until the grade is corrected All lines installed by the Developer shall be subject to television testing for conformance to the District's standing water specifications as a condition to the District's acceptance of a Bill of Sale for the extension The Developer represents that it is, or will make itself familiar with the District's Resolution No 1904-S, which sets out allowable standing water parameters and the District's policies and procedures for testing and acceptance of sewer mains 22 PURITY TESTING OF WATER MAINS All water mains shall be purity tested under the District's observation prior to any connection to the District's water system 3 23 CONNECTION TO THE DISTRICTS SYSTEM Not less than forty-eight(48) hours prior to the time that actual connection to the District's system is requested to be made, application for permission to make such connection at a specified time shall be { made by the Developer or its contractor Any connection to the District's existing system and any testing of a new line requires advance authorization by the District and its engineer, and shall be performed under the observation of the District's engineer and/or authorized representative. 24 USE OF EXISTING MAINS Until execution and acceptance of the Bill of Sale there shall be no flow through any on-site or off- site mains or facilities 25. FACILITIES AND IMPROVEMENTS REQUIRED BY DISTRICT The District may require the installation of facilities, or modification of the Developer's proposed facility design in order to comply with the District's Comprehensive Plan or to provide service availability to other properties within the District's service areas The most common example is the oversizing of lines Oversized lines typically are those in excess of eight (8) inches in diameter Any reimbursement for the extra cost of such District-required facilities and improvements shall be determined by the Board of Commissioners prior to start of construction, and shall be established by Resolution in accordance with and pursuant to the laws of the State of Washington - 12 - The District may refuse to participate in an extension which would otherwise quality for District reimbursement if budgetary considerations or the prudent management of the District indicates such participation is not appropriate at the time In such event, the Developer may proceed to construct its extension, but with the facilities or design modifications, and shall be entitled to a reimbursement agreement with the District, payment to be conditioned upon future events as determined by the District which justify such District expenditure, e g , development utilizing such oversized facilities and providing General Facility Charge funds to the District 26. LATECOMER REIMBURSEMENT AGREEMENT Entitlement to latecomer reimbursement and the amount thereof shall be determined in accordance with the District's current latecomer policy Resolution, and shall be established by execution of the District's Developer Extension Reimbursement Agreement by the District and the Developer Execution of this Agreement by the Developer constitutes application for Latecomer reimbursement for any facilities which would be eligible for such reimbursement 27. PLAT APPROVAL PRIOR TO COMPLETION OF CONSTRUCTION If the Developer desires to obtain final plat approval from King County or the applicable city prior to substantial completion of the extension the District will allow the Developer to provide the District with a set-aside letter or completion bond in an amount the District determines is reasonably necessary to complete all performances necessary to comply with this Developer Extension Agreement All expenses, including engineering, legal and administrative costs will be determined by the District and paid by the Developer, and signed easements, ready for recording, and a Bill of Sale for the extension shall be provided to the District as a condition to the District's acceptance of a set-aside letter or completion bond The District will advise the King County Health Department of the Developer Extension Agreement, and the set-aside letter or completion bond upon its acceptance by the District The Developer shall provide the final plat recording number, Volume and Page Number of Plats, to the District immediately upon recording of the plat Acceptance of a set-aside letter or completion bond by the District does not entitle the development to receive service All performances required under this Agreement must be completed before service will be available Upon the Developer's failure to complete the extension and all performances required under this Agreement within the times provided herein, or by any other date mutually agreed upon between the District and the Developer the District will give ten (10) days written notice to the Developer and thereafter, at its option and without the prior consent of the Developer, accept the Bill of Sale for the - 13 - extension, assume ownership and control thereof, and utilize the set-aside funds or completion bond to complete the extension and all performances required under this Agreement Upon completion of the extension, the District will provide an accounting to the Developer of the expenditures made pursuant hereto If the set-aside or bond amount was insufficient to complete the extension and all performances required hereunder, a connection charge will be applied against the properties served by the extension, payment of which will be a condition for receipt of water meter and/or side sewer permits from the District To utilize this procedure for allowing a set-aside letter or completion bond the Developer shall provide to the District a written request in letter form in which the Developer specifically represents to the District that it has read and understands the contents of this Section 27, and consents to the terms hereof It shall be Developer's obligation to notify the purchaser of any property in the development of the existence and status of any set-aside funds or completion bond 28. FINAL ACCEPTANCE a. Fully completed The District will accept title to the extension only when all work has been properly completed, when any damage has been repaired, and when the District has made its inspection and has approved the system as having been completed in accordance with the plans and specifications, provided, however, that there will be no acceptance if the Developer is in default of any of the terms of this Agreement Acceptance of the extension will be by Resolution of the Board of Commissioners of the District accepting an executed Bill of Sale on the form provided by the District Acceptance by the District does not relieve the Developer of the obligation to correct defects in labor and/or materials as heretofore provided, nor of the obligations set forth in the applicable paragraphs hereof Acceptance will cause the extension to be subject to the ownership, control, use and operation of the District, which may thereafter apply to it all regulations and conditions of service, and make such charges therefor as the Board of Commissioners has determined by Resolution to be reasonable and proper b Substantially completed At its option, the District may choose to accept a Bill of Sale when an extension is substantially complete, but which cannot reasonably be fully completed prior to the expiration of this Agreement The Developer will provide the District with a cash deposit in an amount the District determines is reasonably necessary to complete all performances necessary to comply with this Developer Extension Agreement All expenses, including engineering, legal and administrative costs will be determined by the District and paid by the Developer, and signed easements, ready for recording, and a Bill of Sale for the extension - 14- shall be provided to the District as a condition to the District's acceptance of a cash deposit Acceptance of a cash deposit by the District does not entitle the development to receive service All performances required under this Agreement must be completed before service will be available Upon the Developer's failure to complete the extension and all performances required under this Agreement prior to the expiration hereof, the District will give ten (10) days written notice to the Developer and thereafter, at its option and without the prior consent of the Developer, accept the Bill of Sale for the extension, assume ownership and control thereof, and utilize the cash deposit to complete the extension and all performances required under this Agreement Upon completion of the extension, the District will provide an accounting to the Developer of the expenditures made pursuant hereto Any balance will be returned to the Developer If the cash bond was insufficient to complete the extension and all performances required hereunder, a connection charge will be applied against the properties served by the extension, payment of which will be a condition for receipt of water meter and/or side sewer permits from the District To utilize this procedure for allowing a cash deposit the Developer shall provide to the District a written request, in letter form, in which the Developer specifically represents to the District that it has read and understands the contents of this Section 28, and consents to the terms hereof 29 BILL OF SALE CONDITIONS The Bill of Sale will provide for transfer of title to the constructed extension from the Developer to the District, and its acceptance is conditioned upon the following a The Developer is the lawful owner and has the right to transfer the extension, that the extension is free from all encumbrances, and that the Developer will warrant and defend the same against all claims and demands of any person b All bills for labor and materials have been paid and the Developer has provided a certificate from the all contractors providing work on the installation of the extension, and the Developer's Engineer (if optional method), acknowledging that the Contractors) and Engineer have been paid in full and/or do fully release, transfer, assign and set over to the District all of their rights, title, claims and interest therein c The Developer has submitted to the District the total costs incurred in the installation of the extension d The consideration for the Bill of Sale shall be the District's incorporation of the improvements into its overall water distribution system e The Developer warrants that for a period of one (1) year from the date of the Bill of Sale the water system will remain in acceptable working order and condition, except where - 15- { abused or neglected by the District, and the Developer will repair or replace at its own expense any work or material that is shown to have been defective during said one (1) year period of warranty f The Developer warrants that paving which has been completed will remain in acceptable condition for two(2) years from the date of the Bill of Sale For paving which has not been 9 completed on the date of the Bill of Sale, for which there is a paving deposit, the Developer warrants that after the paving has been completed, it will remain in acceptable condition for two (2) years from the date of the Bill of Sale, or one (1) year from the date of completion of the paving, whichever is later The Developer will repair or replace at its own expense any paving work or material that is shown to have failed during the applicable period g. The Developer agrees to defend and hold the District and its engineers harmless for trench failures or settlement occurring over any portions of the system installed on private property The District and its engineers do not, by virtue of their construction observation and/or inspection, assume liability for such failures, any such construction observation and/or inspection being for the District's purposes of ensuring the soundness of the installation of its system facilities, and not as a warranty of compaction or other restoration on private property h The Developer has submitted a copy of the recorded plat, and all necessary easements 30 LIMITATION PERIOD FOR ACCEPTANCE The Developer agrees that the construction of the extension shall be carried out in a timely and efficient manner and further agrees that the improvements shall be completed and ready for acceptance by the District within the Limitation Period for Acceptance If the Developer has executed a completion bond or set-aside letter, upon expiration of the period thereof, the District may order the work done, or any remaining portion thereof, and all costs and expense incurred, shall be reimbursed to the District from the bond company or financial institution holding the funds as provided in the set-aside letter, provided, however, that the amount of such reimbursement available shall not be deemed to limit the Developer's obligation to pay the total costs attributable to the work If the work is completed beyond the period for acceptance reimbursement shall also include the costs of renewal of this Agreement as described below If the extension is not completed and ready for acceptance within said period, the Developer's rights under this Agreement shall cease and no additional administrative, engineering or legal services will be provided by the District unless and until the Developer makes a new application, or until the District consents to the renewal of the expired Agreement If the District consents to the renewal of the Agreement, and in - 16 - OCT-24-2006 10:12 KOOS =PEE{' 2`x' 6�—O 5189 P.02 Guns!&e tat;vrt thereof, the Distries actual costs incurred to the date of rerewai shad be Iccaunted, and if they exceed the an:uunt of the ffees collected by the District to the date of renewal, the Developer shall Way the differrmce. In add,tton, the Developer shall pay all administrative, Iegaf. engirleermg, Construction obsew.,at,on and inspection costs attributable to the renewal Any renewal shall ba for the saute twrnber of months apec:,fied to 4ncGon 3 b hereof, and shall he from thr' date cf expiration of this Agreerraw.without regard to tha dale of application or consent to SLICK renewal. 31. BREArHOF CONTRACT-ATTORNEY FEES C. A &each of Gny prevision of this Agreement shall constitute a tota+ beach thereof, and %hull subject the Developer to camce!)atron of the Agreement, forfeiture of deposits, and claim f^r costs and darnayes, as apptopr,are. The parties agree that in the event of utigstron regarding the terms or pertormence 0 tt?is A teemert, part g party snafp�c�—arad re*A attorney fees and costs t ' Dated this .7 _day of ?C- PgAuthorizecl Signature 4DDITIONAL 04NNER SICNA T URE - r approying.Appl," ion ano Ayraament Date TM, 20 �•a 1 - 1i- TOT�t_ P.02 WATER DIVISION SEWER DIVISION NAME OF PLAT/PROJECT DEVELOPER/OWNER ADDRESS CERTIFICATION OF ASSIGNMENT IN LIEU OF PERFORMANCE BOND THE UNDERSIGNED (Bank), certifies herewith that the amount of $ is on deposit as a guaranty for the construction of the water and/or sanitary sewer improvements pursuant to the Developer Extension Agreement dated the day of , 20 The undersigned agrees to pay Soos Creek Water and Sewer District, upon demand, the full amount of said monies for the purpose of completing the water/sewer system improvements if the Developer fails to construct said improvements pursuant to the Developer Extension Agreement and the plans and specifications attached thereto, and/or fails to thereafter provide Soos Creek Water and Sewer District with a Bill of Sale evidencing marketable title and being free of all encumbrances, claims and liens within the time specified in said Developer Extension Agreement It is hereby acknowledged and agreed that Soos Creek Water and Sewer District has full power and authority to demand, collect and receive said deposit and to give receipt and acquittance therefor for the construction of onsite and/or off-site improvements for the above-named Plat/Project THE UNDERSIGNED further certifies that all assignments, releases and signatures necessary to transfer in whole or in part the amount as specified hereinabove have been obtained THE UNDERSIGNED agrees herewith to hold said amount until a written release for all or a portion thereof has been executed by the District - 1 - Revised 1/26/2000 Certification of Assignment In Lieu of Performance Bond—continued s DATED THIS day of 120 Developer hereby acknowledges and agrees Developer to comply with the foregoing provisions. By SEAL I (Print) Signature Title Bank or Institution I By SEAL (Print) Signature: Title Address Revised 1/26/2000 2 Return Address- SODS CREEK WATER AND SEWER DISTRICT PO BOX 58039 RENTON, WA 98058-1039 BILL OF SALE GRANTOR GRANTEE SODS CREEK WATER AND SEWER DISTRICT PROJECT: PARCEL # ❑ WATER SYSTEM ❑ SEWER SYSTEM KNOW ALL MEN BY THESE PRESENTS that GRANTOR, for and in consideration of Grantee's assumption of full rights and ownership and maintenance of the hereinafter described personal property as a portion of its water distribution and/or sewer collection system, and other valuable consideration, does hereby grant, bargain, sell, transfer and deliver unto Grantee the following described property as now placed and situated in the plat of , according to the plat thereof recorded in Volume of Plats, Page , Records of King County, Washington, to wit together with all necessary valves, fire hydrants, fittings, services, manholes, controls, and/or miscellaneous appurtenances TO HAVE AND TO HOLD the same to the said Grantee, its successors and assigns Grantor hereby covenants that it is the lawful owner of said property, that the same is free from all encumbrances, that all bills for labor and material have been paid, that it has the right to sell property, and that Grantor will warrant and defend title to the same against the lawful claims and demands of any persons whomsoever, and that Grantor will indemnify Grantee for any costs, expenses, or losses suffered by Grantee in defending any claims or liens against said personal property by any persons whomsoever This Bill of Sale is given in consideration of the agreement by Grantee, for itself, its successors and assigns, to incorporate said property into its water distribution and/or sewer collection system, and to maintain it at its sole cost and expense on the terms and conditions generally common to other users in Revised 126/2000 - - Bill of Sale-continued the Grantee/District, provided, however, that nothing herein shall relieve Grantor from its guaranty obligation as contained in any applicable Developer Extension Agreement. The Grantor further covenants that the costs of installation and payment of the purchase price for said property have been paid in full and that there are no other additional obligations or lien claims outstanding upon or against said property and that the Grantor hereby agrees to fully protect and indemnify the Grantee against any such claims by any person whomsoever The Grantor further warrants that said property has been constructed and installed in accordance with proper standards of construction and the standards of the Grantee, and that Grantor will warrant, protect, and repair any defects in material or workmanship thereof for such period as is contain in any applicable Developer Extension Agreement Special provisions for water system facilities. Grantee3s obligation to repair and maintain water service Imes does not commence until installation of a meter thereon in accordance with the Grantee/District's policies and procedures, and provided further that Grantor shall remain fully responsible for proper adjustment of any water service line until the street in which it is located has been paved, and shoulders graded. IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed this day of 20 OWNER/DEVELOPER OWNER/DEVELOPER STATE OF WASHINGTON } )ss COUNTY OF KING ) On this day personally appeared before me , to me known to be the individual(s) described in and who executed the within and foregoing document, and acknowledged that signed the same as free and voluntary act and deed, for the uses and purposes therein mentioned WITNESS my hand and official seal hereto affixed this day of , 20_ 3 NOTARY PUBLIC in and for the State of Washington, residing at My commission expires Revised 1/26/2000 -2- CONTRACTOR'S RELEASE (To be completed when construction has been completed) CONTRACTOR'S NAME PROJECT NAME The undersigned CONTRACTOR does hereby certify and acknowledge that it has been fully paid and/or does fully release, transfer, assign and set over to SOOS CREEK WATER AND SEWER DISTRICT, all of its rights, title and interest in those certain improvements commonly referred to as ❑ ALL WATER MAINS, FIRE HYDRANTS AND APPURTENANCES ❑ ALL SEWER MAINS, MANHOLES AND APPURTENANCES IN THE DEVELOPMENT The undersigned CONTRACTOR further certifies that it has paid or has obtained releases from any sub-contractors who performed work at the CONTRACTOR'S instance, and that it shall defend and hold the DISTRICT harmless from any claims thereby against the improvements described herein The undersigned CONTRACTOR does hereby waive any claim, right or title to said improvements, and does hereby bargain, sell, transfer and set over to SODS CREEK WATER AND SEWER DISTRICT, any ownership rights it may have therein in consideration of the acceptance by SOOS CREEK WATER AND SEWER DISTRICT of a Bill of Sale from the Developer described above DATED this day of 120 Contractor's Signature Company Name STATE OF WASHINGTON ) )ss COUNTY OF KING ) I hereby verify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that signed this instrument and ( ) acknowledged it to be free and voluntary act for the uses and purposes mentioned in this instrument, or( ) on oath stated that is authorized to execute the instrument and acknowledged it as the (title) of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument Dated this day of 12000 Notary Public in and for the State of r Washington, residing at My appointment expires Revised 112612000 SOOS CREEK WATER AND SEWER DISTRICT KING COUNTY,WASHINGTON ASSIGNMENT AND COVENANT TO PERFORM DEVELOPER EXTENSION AGREEMENT AGREEMENT MADE this day of . 20 Name of Plat/Project Assignor Developer Assignee Developer ADDRESS PHONE FAX EMAIL Date/Original Agreement Extension Type Water Sewer The undersigned ("the Developer") has heretofore entered into a Developer Extension Agreement with Soos Creek Water Sewer District ("the District") for the extension of District facilities The Developer now desires to assign all right, title, interest, and responsibility under said Developer Extension Agreement to the Assignee Developer ("the Assignee"), including all fees and deposits heretofore paid to the District The Assignee agrees to undertake all responsibilities of the Developer under the above- referenced Developer Extension Agreement, including, but not limited to payment of all fees not heretofore paid, completion of construction of the facilities within the time required by the original Developer Extension Agreement, and performance of all other responsibilities and undertakings of the Developer in said Developer Extension Agreement 1. ASSIGNMENT The Developer hereby assigns to the Assignee all of its right, title, and interest, including fees and deposits heretofore paid to Soos Creek Water and Sewer District, under that certain Developer Extension Agreement described hereinabove between Developer and the District -1 - Revised 1126/2000 Assignment of Developer Extension Agreement—continued 2. COVENANT TO PERFORM The Assignee hereby assumes and covenants to perform all of the duties and responsibilities of the Developer under said Developer Extension Agreement, to pay all fees and deposits required by said Agreement, and shall be bound by said Agreement for all intents and purposes as if it had signed the original Developer Extension Agreement with Soos Creek Water and Sewer District Dated this day of 20 DEVELOPER -Authorized Signature ASSIGNEE DEVELOPER -Authorized Signature 3. DISTRICT'S CONSENT TO ASSIGNMENT I, Ron Speer, certify that I am the District Manager of Soos Creek Water and Sewer District, and that I have authority on behalf of the District to approve assignments of rights and duties under developer extension agreements By my signature below, Soos Creek Water and Sewer District hereby approves and accepts the foregoing assignment SIGNATURE OF DISTRICT MANAGER approving Renewal Agreement Date 20 -2- Revised 1/26/2000 SOOS CREEK WATER AND SEWER DISTRICT KING COUNTY,WASHINGTON DEVELOPER EXTENSION RENEWAL AGREEMENT 0 AGREEMENT MADE this day of 20 Name of Plat/Project Developer j Date/Original Agreement 1 Extension Type Water Sewer Renewal Fee The undersigned ("the Developer") and Soos Creek Water and Sewer District ("the District'), { hereby agree to renewal of that certain Developer Extension Agreement described hereinabove The terms of such Renewal Agreement are as follows- , 1. PAYMENT OF FEES, CHARGES AND DEPOSITS In consideration of the renewal of the above-described Developer Extension Agreement, the Developer shall pay the indicated Renewal Fee, as well as all additional engineering fees, attorneys fees, and District costs not heretofore paid by the Developer Additionally, any fees payable under the original Developer Extension Agreement that have not yet been paid will be paid at the current rates prevailing i under District Resolutions at the time of payment, unless said Resolutions provide otherwise Developers who have heretofore paid general facilities connection charges may be required to pay additional sums for such charges in the event that the current rates for such charges are greater than those heretofore paid by the Developer, unless District Resolutions provide otherwise Payment of any and all other fees, charges, and deposits shall be made in accordance with current District Resolutions and policies at the time of such payment 2. DURATION OF RENEWAL -LIMITATION FOR PERIOD OF ACCEPTANCE This Renewal Agreement shall be for the same number of months as the duration of the original I Developer Extension Agreement, as specified in Section 3 b thereof, and shall be from the date of expiration of the original Agreement without regard to the date of application or consent to renewal The I Developer agrees that the construction of the extension and improvements shall be completed and ready for acceptance within that time If the Developer has executed a performance bond or a set-aside letter, and has not completed the improvements within said period, the District may order the work done, or any Revised 1/26/2000 - 1 - Developer Extension Renewal Agreement-continued remaining portion thereof, and all costs and expenses incurred, shall be reimbursed to the District from the bond company or financial institution holding the funds as provided in the bond or set-aside letter, provided, however, that the amount of such reimbursement available shall not be deemed to limit the Developer's obligation to pay the total cost attributable to the work If the work is completed beyond the period of this renewal, reimbursement should also include the cost of any further renewal of this Agreement as described below If the extension is not completed and ready for acceptance within the renewal period, the Developer's rights under this Agreement shall cease and no additional administrative, engineering, or legal services will be provided by the District unless and until the Developer makes a new application, or until the Developer and District agree to the renewal of the expired Agreement The District reserves the right to deny any further renewal of the Agreement, and reserves the right to place additional conditions and fees upon any further renewal If the District consents to the renewal of the Agreement, and in consideration thereof, the District's actual costs incurred to the date of renewal shall be accounted, and If they exceed the amount of fees collected by the District to the date of renewal, the Developer shall pay the difference In addition, the Developer shall pay all administrative, legal, engineering, and inspection costs attributable to the renewal 3. INCORPORATION OF OTHER TERMS OF DEVELOPER EXTENSION AGREEMENT The Developer shall be responsible for meeting the standards and criteria of any and all District policies and Resolutions passed since the date of the original Developer Extension Agreement referred to heremabove All other matters set forth in the original Developer Extension Agreement, other than modifications made herein, shall remain a valid and enforceable part of this Agreement, and are herein incorporated by this reference Dated this day of 20_ DEVELOPER -Authorized Signature ADDITIONAL OWNER SIGNATURE SIGNATURE OF DISTRICT MANAGER approving Renewal Agreement Date 20_ Revised 1/26/2000 -2- ENGINEER'S RELEASE (Optional Engineering -To be completed when construction has been completed) ENGINEER'S NAME PROJECT NAME The undersigned ENGINEER does hereby certify and acknowledge that it has been fully paid ' and/or does fully release, transfer, assign and set over to SOOS CREEK WATER AND SEWER DISTRICT, all of its rights, title and interest in those certain improvements commonly referred to as ❑ ALL WATER MAINS, FIRE HYDRANTS AND APPURTENANCES ❑ ALL SEWER MAINS, MANHOLES AND APPURTENANCES ` IN THE DEVELOPMENT The undersigned ENGINEER does hereby waive any claim, right or title to said improvements, and further does hereby bargain, sell, transfer and set over to SOOS CREEK WATER AND SEWER DISTRICT, any ownership rights it may have therein in consideration of the acceptance by SOOS CREEK WATER AND SEWER DISTRICT of a Bill of Sale from the Developer described above. DATED this day of 119 Engineer's Signature Company Name STATE OF WASHINGTON ) )ss COUNTY OF KING ) I hereby verify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that signed this instrument and ( )acknowledged it to be free and E voluntary act for the uses and purposes mentioned in this instrument, or( ) on oath stated that is authorized to execute the instrument and acknowledged it as the (title) of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument Dated this day of 12000 Notary Public in and for the State of Washington, residing at My appointment expires Revised 1/26/2000 6 WATER DIVISION SEWER DIVISION NAME OF PLATIPROJECT DEVELOPER/OWNER ADDRESS PERFORMANCE AND INDEMNIFICATION BOND KNOW ALL,MEN BY THESE PRESENTS That we, as Principal, and , authorized to transact business in the State of Washington, as Surety, having its principal office and place of business at , are held and firmly bound unto Soos Creek Water and Sewer District, King County, Washington, as obligee, in the sum of ($ ) Dollars, lawful money of the United States of America, for which payment we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents The conditions of the above obligation are such that WHEREAS, the above named Principal has entered into a Developer's Extension Agreement in writing with Soos Creek Water & Sewer District for the installation of water and/or sanitary sewer improvements dated the day of 120 , as more fully described in such Agreement, a copy of which Principal and Surety acknowledge having in their presence and knowing the conditions thereof and the terms being incorporated herein, including conditions, covenants, promises, designs that were made a part of said Developer's Extension Agreement, and AND, pursuant to said agreement, the Principal has a duty to construct said improvements pursuant to the Developer's Extension Agreement and the plans and specifications attached thereto, and to thereafter provide Soos Creek Water and Sewer District with a Bill of Sale evidencing marketable title and being free of all encumbrances, claims and liens, and further to provide the District with easements, where necessary, again free of all claims, liens and encumbrances NOW, THEREFORE, it is understood and agreed that this obligation shall continue in effect until released in writing by Soos Creek Water and Sewer District, King County, Washington, AND, if the Principal shall well, truly and faithfully perform all provisions of the Developer's Extension Agreement, pursuant to and within the time period provided, subject to the final acceptance of such improvements by Soos Creek Water and Sewer District, and shall indemnify and save harmless Revised 1/26/2000 Performance and indemnification Bond—continued from all costs and/or damages by reason of the Principal's default and/or failure to perform, then this I , obligation shall be null and void, otherwise to remain in full force and effect AND, provided that the provisions of this bond shall not apply to any money loaned or advanced to the Principal or any subcontractor or other person in the performance of the Developer Extension I Agreement, f AND, the Surety hereby waives notices of any alteration or extension of time made by the District IT IS FURTHER DECLARED AND AGREED that nothing of any kind or nature whatsoever that I will not discharge the Principal shall operate as a discharge or release of liability of the Surety, any law, rule of equity, or usage relating to the liability of sureties to the contrary notwithstanding If any provision of this bond is held invalid, it shall not affect the remaining provisions contained herein SIGNED, SEALED,AND DATED this day of , 20_ Principal By SEAL (Print) Signature Title Surety By SEAL (Print) Signature. Title Address i 3 Revised 1/26/2000 -2 - WATER DIVISION SEWER DIVISION NAME OF PLAT/PROJECT DEVELOPER/OWNER ADDRESS PERFORMANCE BOND b KNOW ALL, MEN BY THESE PRESENTS That we, as Principal, and authorized to transact business in the State of Washington, as Surety, having its principal office and place of business at , are held and firmly bound unto Soos Creek Water and Sewer District, King County, Washington, as i obligee, in the sum of ($ ) Dollars, lawful money of the United States of America, for which payment we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents The conditions of the above obligation are such that WHEREAS, the above named Principal has entered into a Developer's Extension Agreement in writing with Soos Creek Water & Sewer District for the installation of water and/or sanitary sewer improvements dated the day of , 20 , as more fully described in such Agreement, a copy of which Principal and Surety acknowledge having in their presence and knowing the conditions thereof and the terms being incorporated herein, including conditions, covenants, promises, designs that were made a part of said Developer's Extension Agreement, and AND, that said Developer Extension Agreement contains provision for construction of portions of the District's water and/or sewer system on real property not owned by the Principal, hereinafter referred to as "off-site" portions of the system, AND/OR, that the Developer Extension Agreement provides for construction by the Principal of on-site portions of the District's water or sewer system which are contained in and are a part of the Comprehensive Plan of Soos Creek Water and Sewer District or are General Facilities of the District, AND, that said off-site and/or on-site portions of the extension shall be constructed within months of the date of the signing of such extension agreement, unless extended as herein provided, I Revised 1/26/2000 a Performance Bond-continued AND, that it is understood and made a part of the consideration for this obligation that the District shall have the right to sue on this bond in its own name to recover for any loss, injury, damage, or liability whatsoever sustained or incurred by it by reason of any breach of the Developer Extension Agreement related to the above-referenced portions of the extension, or any failure by the Principal to complete said portions of the extension in accordance with District standards and the Developer Extension Agreement, AND, it is understood and made a part of the consideration for this obligation that the District shall have the further right to sue on this Bond in its own name to recover for any loss, injury, damage, or liability whatsoever sustained or incurred by it by reason of the failure of the Principal to pay all contractors, laborers, mechanics, sub-contractors, agents, matenalmen, and all persons who shall supply such Principal and/or its Contractor, any subcontractors, or agents, with provisions or supplies for completion of those portions of the Developer Extension referenced herein NOW, THEREFORE, it is understood and agreed that this obligation shall continue in effect until released in writing by Soos Creek Water and Sewer District, King County, Washington, AND, if the Principal shall well, truly, and faithfully perform all provisions of the Developer Extension Agreement related to off-site construction performed pursuant to this Agreement, or onsite construction of portions of the water or sewer system which are portions of the Comprehensive Plan of the District, or General Facilities thereof, and fulfill all of the undertakings, covenants, terms, conditions, 1 and agreements of said Developer Extension Agreement related to those portions of the extension, and any amendments and extensions thereof that may be granted by the District, with or without notice to the Surety, AND, if the Principal shall pay all contractors, laborers, mechanics, sub-contractors, agents, materialmen, and all persons who shall supply such Principal, its Contractors, sub-contractors, or agents with provisions or supplies for construction of those portions of the developer extension, then this obligation shall be void and promptly released by Soos Creek Water and Sewer District, otherwise to remain in full force and effect, AND, the Surety hereby waives notices of any alteration or extension of time made by the District. IT IS FURTHER DECLARED AND AGREED that nothing of any kind or nature whatsoever that will not discharge the Principal shall operate as a discharge or release of liability of the Surety, any law, rule of equity, or usage relating to the liability of sureties to the contrary notwithstanding If any provision of this bond is held invalid, it shall not affect the remaining provisions contained herein Revised 1126/200A 2 Performance Bond—continued SIGNED, SEALED, AND DATED this day of 20 Principal By SEAL (Print) Signature Title S u rety By: SEAL (Print) Signature Title: Address: Revised 1/26/2000 -$ SOOS CREEK WATER AND SEWER DISTRICT PRECONSTRUCTION MEETING CHECK LIST DATE TIME PROJECT DEVELOPER CONTRACTOR ENGINEER (if Opt) APPROVALS : SEWER WATER A KCWTD A FIRE MARSHAL B KC PERMIT B KC PERMIT PERMIT NO PERMIT NO C GRADING PERMIT C. GRADING PERMIT D KENT D KENT E MAPLE VALLEY E RENTON F. COVINGTON DUE PRIOR TO PRECONSTRUCTION MEETING: 2ND 112 DE FEES WATER SEWER OFFSITE EASEMENTS INSURANCE CERTIFICATE CONTRACTOR BID SHEET APPROVED ROAD AND STORM PLANS PUGET SOUND ENERGY PLANS OTHER Revised V2612000 WATER DIVISION SEWER DIVISION NAME OF PLAT/PROJECT DEVELOPER/OWNER ADDRESS VALUE OF SYSTEMS YEAR OPTIONAL ENGINEERING YES NO Total Construction Costs (includes labor, material, etc) SEWER: Mainline, including manholes Stub services (6") Tax Tax Total Total WATER: Mainline (valves, fittings, etc ) Hydrants Tax Tax Total Total Services NOTE: The State Auditor requires us to obtain backup Tax Information for all systems installed Please attach supporting documentation (copies of Total bid, contract, etc.) Other costs incurred(Obtaining easements, other engineering costs, etc) I hereby certify that the information provided herein is true and correct to the best of my knowledge DATED THIS day of 20 Signature: By (Print) Title Revised V2612000