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Ltr.Attachments.Sent.6.24.10.pdfC .1 .lune 24, 2010 1211 01"11 AVENUE NIO RTI-il - E©MONDS, WAS 98020 - 426-771-0220 - FAX 425 -77C -C7221 Website ww vv d edrmonds.ws.Ls PUBLIC WORKS DFPARTUiENT Engireerirg Divislon Bank of Washington .Coe Bunte 19424 58"' Place Lynnwood, WA 980136 Subject: Site Improvennent Maintenance Bond Release, 2012 5k1r Ave S Dear 1wv'Ir, Bunte, MAYOR The City of Edmonds Engineering Division, has pertbri ned the required two year maintenance inspection of the site improvements 5or the Bank of Washington. In order for the Site Improvement Maintenance Bond to be released,, the following corrections must be made: a four panels with clacked concrete curb and gutter need to be replaced. The four panels are located along the north property line. Due to the recent overlay and crosswalk improvements along Dayton and the corner of 5'h Ave S and Dayton, the City of Edmonds would like to offer an alternative to the immediate repair of the failed curb and gutter. A payment in lieu ofreplacement of the failed curb and gutter, payable to the City of Edmonds, would be accepted to delay disruption and possible damage to the newly constructed road and crosswalk. The City shall handle the payment according to State and City laws and may, at some unspeci bed point in the future, carry out the replacement of the panels. I have included an agreement for the payment in lieu and a fee quantity worksheet showing the amount of payment required. The Engineering Division will release the current maintenance bond upon receipt of both copies of the signed agreement and payment in the amount of $1,10301.38 (see enclosed cost estimate). A fully executed copy of the agreement will be returned to you. The Bank of Washington shall then be released by the City from its obligation to replace the defective panels. Please feel free to contact me with any questions you may have at 425-771-03220 ext. 1324. cc; Bond file enc Ari gtjst 11 18'9: Sister City - Hekinan, Japan 121 5-0 1 AVEN(JE NORTHI - EEMONIDS, WA 98020 - 426-771 0220 - FAX 425-771-0221 We )site,: www 6.edrionds.wa.us PUBLIC WORKS DEPARTMENT Engineering Division GARY HAAKENSON MAYOR This is an Agreement between the City of Edmonds (herein after the "'City") and the Bank of Washington (herein after the "Bank") for the payment of funds by the Bank to the City in lieu of certain curb and gutter improvements required at tile public right-of-way at Dayton St. and 5th Ave. S. Whereas, the Bank previously posted a maintenance bond with the City as a condition of certain permit for improvements at 202 5th Ave. S. Whereas, the City has determined, the Bank agrees, that there are 4 panels of curb and gutter that were part of public improvements by the Bank at 202 5th Ave. S. that are defective and must be corrected by the Bank. Whereas, the City and the Bank agree that to correct the defect, all 4 panels must be replaced. Whereas, under the ter nis of the aforementioned maintenance bond, the City would have the right to "call" the bond if theBank does not replace the 4 panels of cracked curb and gutter. Whereas, replacement of the 4 panels would required cutting into the abutting road and crosswalk, which were recently improved and overlaid by the City. Whereas, the 4 panels, although defective, do not pose an in danger to public safety. Whereas, the reasonable cost for the City to replace the 4 panels is estimated to be $1,100.38. Now, therefore, the City and the Bank agree as follows: 1. In lieu of replacing the 4 defective panels referenced above, the Bank shall pay the City $1,100.38. After receipt of payment, the Bank shall be released by the City from its obligation to replace, or otherwise COITCCt, said defective panels. The City shall refrain from making any demand concerning replacement or correction of said defective panels on any obligation by the maintenance bond referenced above. 2. The City shall handle the payment according to applicable State and City laws, and may, at if son -re Linspec. ied point in the future, carry out the replacement of the panels. It shall be at the City's sole discretion to decide when, if ever, to replace any of the panels. Again, at the sole discretion of the City, replacement of the panels may be carried out as a single public works project or multiple public works projects at different times.. !BFP796996.1)0(';l"t00006.90�01701 I lnc�orporutc�d A,.ig�st 11, 1890 Sister City - Hekinan, Japan 3. The Bank shall indemnify, save and hold the City harmless from any and all costs, expenses, fees, including reasonable attorney fees, charges, penalties, claims, suits, or damages of any kind arising out of this Agreement; except to any portion of the same that is the direct result of wrongful actions by the City. 4. This is the entire Agreement between the City and the Bank. Any prior understanding, written or oral, shall be deemed merged with its provisions. It shall not be amended except with the express written consent of the parties hereto. If any provision of this Agreement shall be invalid or unenforceable in any respect for any reason, the validity and enforceability of any such provision in any other respect and of the remaining provisions of this Agreement shall not be in any way impaired. AGREED this day of , 2010. CITY OF EDMONDS Mayor Gary Haakenson ATTEST/AUTHENTICATED : Sandra S. Chase, City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: W. 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