BLD1998-0447Wr
DEN
U I�PHY
1 �1'l'/ 1E ATTORNEYS AT
LAW
Seattle Office:
John D. Wallace
R. Miller Adams
2100 Westlake Center Tower
Douglas E. Albright
Charles D. DeJong
1601 Fifth Avenue
Lee Corkrum
Robert T. Dollinger
Seattle, WA 98101.1686
BUILDING
Wayne D. Tanaka
Milton H. Doumit
(206) 447-7000
Robert G. Andr6
David A. Ellenhorn
Michael G. Wickstead
Kathleen C. Healy
VIA TELECOPIER FAX (206) 447.0215
S E p 12 1991
Robert A. Kiesz
Deanne C. Kopkas
Steven A. Reisler
Kent C. Meyer
W. Scott Snyder
Elizabeth C.Y. Peng
Christopher A. Washington
Jessica G. Rickard
James E. Haney
Theresa A. Rozzano
September 11, 1991
Phillip C. Raymond
Gil Sparks
Charles D. Zimmerman
Carol D. Bernasconi
Counsel to the Firm
William F. Joyce
John J. O'Donnell
Karen Sutherland
Stanbery Foster, Jr.
Roes D. Jacobson
Mr. Bill Bailey
Retired
Terra Associates _
Raymond D- Ogden, Jr.
Of Counsel
James A. Murphy
12525 Willows Rd.
Suite 101
Kirkland, WA 98034
Re: Applicant Bruce Warhol - City of Edmonds Building Permit
Dear Mr. Bailey:
I have had discussions this week with Bruce Warhol and his
bonding company regarding both the bond required for working in
the Meadowdale earth subsidence and landslide hazard area and
issues related to his ability to do site work during the rainy
season. In the course of our discussions, I noted that Section
19.05.050 of the Edmonds Community Development Code provides for
surety bonds and insurance, but notes that the Building Official
or Director m_ y require the bonding or insurance but is not
required to. As an alternative to providing the bond, Mr. Warhol
could apply to Dick Mumma, Building Gfficial�,or Peter Hahn,
Community Services Director for an exemption from these
requirements. Mr. Warhol asked that I write you in order to
outline the purpose for the requirements so that you may address
them as a part of Mr. Warhol's application.
The surety bond is intended to provide for site restoration. If,
for example, the contractor were to walk off the job or was
prevented from proceeding with construction because of labor
problems, the bond is intended to provide the City with
sufficient funds to stabilize or restore the site. The bond is
essential in steep slope environments. As you know, the most
sensitive time in grading or foundation work is the period in
which the toe of the slope has been cut but the site has not yet
been stabilized through retaining walls or other site work. The
problem becomes far less critical when the City is faced with a
relatively flat and otherwise stable site.
If Mr. Warhol applies for an exemption from the surety
requirement, I suggest that his request be accompanied by a
report or statement from you regarding both the requirement and
Wenatchee Office: 1 South Chelan Street, P. O. Box 1606, Wenatchee, WA 98807, (509) 662-1954, FAX (509) 663-1553
O
Mr. Bill Bailey
September 11, 1991
Page 2
the amount of the bond for site restoration work. In other
words, were there to be gaps in site work, what risks would
occur? Are there public or private structures or facilities that
could be in danger if work were halted? Based on your prior
review, are there critical times in the construction process for
this lot when immediate site stabilization would be required in
order to avoid a risk of harm to others? These issues and any
others which you feel are relevant to the bond and site stability
should be addressed in your letter.
Mr. Warhol has also raised the issue of the amount of time left
before the "rainy season" begins. As with all requirements under
Chapter 19.05, the work period requirements of the building
official are site specific. If Mr. Warhol wishes to apply for a
longer period in which to do site preparation, that application
should be accompanied by a report or statements from you
indicating whether or not site work can safely go forward after
October 1st. The City typically prohibits site work in the
Meadowdale landslide area from October through April based on
past geotechnical reports. If there are site specific conditions
which would mitigate in favor of work on the site, they should be
addressed in your report.
The purpose of my letter is to provide you with some background
regarding the purpose of the City's requirements. The actual
decision to require insurance or to designate a period for site
work is the decision of the City's Building Official and that of
its Director of Community Services. Your report should be
addressed to them.
Very truly yours,
OG N MURPHY WALLACE
Scott S der
WSS:crd
cc: Bruce Warhol
Dick Mumma
Peter Hahn
WSS53574L/0006.040.034
CITY OF EDMONDS
250 - 5TH AVE. N. • EDMONDS, WA 98020 • (206) 771-3202
COMMUNITY SERVICES:
Public Wod; s • Planning • Parks and Recreation • Engineering
8gp.19
y
July 31, 1991
Bruce Warhol
1122 Viewland Way
Edmonds, WA 98020
LARRY S. NAUGHTEN
MAYOR
PETER E. HAHN
DIRECTOR
yw�Q�Q��3i�9/
Re: Site restoration bond for 16004 - 73rd P1. W.., Edmonds
Dear Mr. Warhol,
Because of the slide potential in the subject area, a site restoration
bond will be required. This bond is to cover the repair of damaged
utilities and pavement surfaces should a slide occur as a result of
constructing a house at the subject address. An estimate of $57,500
has been determined to cover the total restoration of said utilities
and pavement surfaces.
If you have any questions, please call me.
Sincerely,
ADDISON L. CHRISMAN IV
Engineering Inspector
ALC/sdt
c: Sharon Nolan, Permit Coordinator
WARHOL/TXTFORMS
/� 'f::�
Alberts
• Incorporated August 11, 1890 •
Sister Cities International — Hekinan, Japan
CITY OF EDMONDS
250 - 5TH AVE. N. - EDMONDS, WA 98020 - (206) 771-3202
COMMUNITY SERVICES:
Public Wor!cs - Planning • Parks and Recreation a Engineering
890_19
y
July 31, 1991
Bruce Warhol
1122 Viewland Way
Edmonds, WA 98020
Re: Site restoration bond for 16004 - 73rd P1. W.., Edmonds
Dear Mr. Warhol,
LARRY S. NAUGHTEN
MAYOR
PETER E. HAHN
DIRECTOR
Because of the slide potential in the subject area, a site restoration
bond will be required. This bond is to cover the repair of damaged
utilities and pavement surfaces should a slide occur as a result of
constructing a house at the subject address. An estimate of $57,500
has been determined to cover the total restoration of said utilities
and pavement surfaces.
If you have any questions, please call me.
Sincerely,
ADDISON L. CHRISMAN IV
Engineering Inspector
ALC/sdt
c: Sharon Nolan, Permit Coordinator v
WARHOL/TXTFORMS
® Incorporated August 11, 1890
Sister Cities International — Hekinan, Japan
C�
j8gp-190
CITY OF EDMONDS
250 - 5TH AVE. N. • EDMONDS, WA 98020 • (206) 771-3202
COMMUNITY SERVICES:
Public Works • Planning • Parks and Recreation • Engineering
May 22, 1991
Bruce Warhol, General Contractor
1122 Viewland Way
Edmonds, WA 98020
RE: Plan Check # 306 805 Dayton Street
Plan Check # 312 16004 73rd Place West
LARRY S. NAUGHTEN
MAYOR
PETER E. HAHN
DIRECTOR
Dear Mr. Warhol:
The City of Edmonds Building Division has received permit applications
on the subject projects. The initial review has been satisfactory by
all City departments.
Minor revisions are required by the Building Division before the permit
application may be issued.
If there are any questions, please feel free to call me at 771-3202.
Sincerely,
6X 26zvl-)
Sharon Nolan
Permit Coordinator
• Incorporated August 11, 1890
Sister Cities International — Hekinan, Japan
LE
COVENANT OF NOTIFICATION AND INDEMNIFICATION/HOLD HARMLESS
Under the review procedures established pursuant to the State
Building Code, incorporating amendments promulgated by the City
of Edmonds, and as a prerequisite to the issuance of a building
permit for the construction of a residential structure and
attendant facilities, the undersigned OWNERS of property do
hereby covenant, stipulate and promise as follows:
1. •vU of Subject ivyGa a.Y. 1..1J cv VCnal. 1. ail
notification and indemnification/hold harmless relates to a tract
of land at the street address of-- o! �J7 • G+� ( insert
street address), Edmonds, Snohomish County, Washington and
legally described as:
,Z-or 3 �** Woes
(legal description]
2. Notification and Covenant of Notification. The above
referenced site (hereinafter "subject site") lies within an area
which has been identified by the City of Edmonds as having a
potential for earth subsidence or landslide hazard. The risks
associated with development of the site have been evaluated by
technical consultants and engineers engaged by the applicant as a
part of the process to obtain a building permit for the subject
site. The results of the consultant's reports and evaluations of
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FEB 9 - 1990
the risks associated with development are contained in building
permit file number (insert number) on file with the
City of Edmonds Building Department. Conditions, limitations, or
prohibitions on development may have been imposed in accordance
with the recommendations of the consultants in the course of
permit issuance. The conditions, limitations, or prohibitions
may require ongoing maintenance on the part of any owner or
lessee or may require modifications to the structures and earth
stabilization matters in order to address future or anticipated
changes in soil or other site conditions. The statements and
conditions proposed by the OWNERS' geotechnical engineer,
geologist, architect and/or structural engineer are hereby
incorporated by reference from the contents of the file as fully
as if herein set forth. Any future purchaser, lessee, lender or
any other person acquiring or seeking to acquire an interest in
the property is put on notice of the existence of the content of
the file and the City urges review of its contents. The file may
be reviewed during normal business hours or copies obtained at
the Planning Department, City of Edmonds, 505 Bell Street,
Edmonds, wash"Lngtan 98020.
3. Indemnification and Hold Harmless. The undersigned
OWNERS hereby waive any and all liability associated with
development, stating that they have fully informed themselves of
all risks associated with development of the property and do
therefore waive and relinquish any and all causes of action
against the City of Edmonds, its officers, agents and employees
WSS52079A/0006.040.034 -2-
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arising from and out of such development. In addition, the
OWNERS on behalf of themselves, their successors in interest,
heirs and assignees, do hereby promise to indemnify and hold
harmless the City of Edmonds, its officers, agents and employees
from any loss, claim, liability or damage of any kind or nature
to persons or property either on or off the site resulting from
or out of earth subsidence or landslide hazard, arising from or
out of the issuance of any permit(s) authorizing development of
the site, or occurring or arising out of any false, misleading,
or inaccurate information provided by the OWNERS, their
employees, or professional consultants in the course of issuance
of the building permit.
4. Insurance Requirement. In addition to any bonding which
may be required during the course of development, the Community
Services Director has/has not (strike one) specifically required
the maintenance of an insurance policy for public liability
coverage in the amount and for the time set forth below in order
to provide for the financial responsibilities established through
the indemnification and hold harmless agreement above:
(insert insurance requirements and time period,
if"any--if no insurance required, so state.]
WSS52079A/0006.040.034 -3-
WSS/klt 02/08/90
5. Covenant to Touch and Concern the Land. This covenant
of notification and indemnification/hold harmless touches and
concerns the subject tract and shall run with the land, binding,
obligating and/or inuring to the benefit of future owners, heirs,
successors and interests or any other person or entity acquiring
an interest in property, as their interest may appear. This
provision shall not be interpreted to require a mortgagor or
lender to indemnify the City except to the extent of their loss
nor to obligate such persons to maintain the insurance above
required.
DONE this day of , 199/.
By:
By:
STATE OF WASHINGTON )
• ) ss:
COUNTY OF S�t.t�-PmI sh )
I certify that I know or have satisfactory evidence
that 4)!11JL&L signed this instrument and acknowledged
WSS52079A/0006.040.034 -4-
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it to be (his/her) free and voluntary act for the purposes
mentioned in this instrument.
.DATED this f�� day of tt --V' 1991.
NOTARY PUBLIC
My commission expires: (�I�
STATE OF WASHINGTON
ss:
COUNTY OF )
I certify that I know or have satisfactory evidence
that signed this instrument and acknowledged
it to be (his/her) free and voluntary act for the purposes
mentioned in this instrument.
DATED this day of , 199_.
NOTARY PUBLIC
My commission expires:
STATE OF WASHINGTON
ss:
COUNTY OF )
I certify that I know or have satisfactory evidence
that signed this instrument, on oath
stated that (he/she) was authorized to execute the
instrument and acknowledged it as the (title)
of (name of party on behalf of whom instrument
was executed) to be the free and voluntary act of such party for
the uses and purposes mentioned in this instrument.
DATED this day of , 199_.
NOTARY PUBLIC
My commission expires:
WSS52079A/0006.040.034 -5-
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