(Bank Letterhead)
SPECIAL ACCOUNT ASSIGNMENT FOR CONSTRUCTION PERFORMANCE SURETY
For security purposes only, ______, (“Developer”) has deposited funds in a special non-interest-bearing account for the purpose of surety for the full and faithful performance by the Developer of the construction of certain roads, monuments and drainage facilities for (County Project # & Project Name) (“Project”) specified in the typical section and roadway improvement plans for said Project, accepted on the day of , 20_____ and on file in the Office of the Spokane County Engineer.
The Developer hereby designates SPOKANECOUNTY, a political subdivision of the State of Washington, as beneficiary of the following:
Special Account Number .
in the face amount of ($XXXXX – public improvements)
($XXXXX – private improvements)
($XXXXXX - Total)
and held in and by
.
Bank Name
Bank of ______
______Branch (the “Bank”)
- It is a condition of this special account assignment that it shall be automatically extended, without amendment, for an additional period of one year from the present expiration date or each future expiration date, unless we have notified you in writing not less than thirty (30) days before such expiration date, that we elect not to renew this letter of credit. All written notification shall be sent via registered mail.
The undersigned Developer hereby authorizes the Bank to pay over to Spokane County all, or a sufficient portion of the monies on deposit in the special account referenced hereinabove, upon (1) written documentation being received from the Spokane County Engineer indicating that the purposes for which the special account was assigned have not been fully and faithfully performed as required; and (2) a statement from the County Engineer of that amount of money which the County deems necessary to complete such obligation. Upon receipt of such written documentation, the Developer hereby authorizes the Bank to release to Spokane County that amount of money requested, up to the maximum amount in the special account.
In the event that completion of said road and drainage facilities are not completed within two (2) years of the date of plan acceptance, all funds in the account shall be forfeited to SpokaneCounty upon written request by the Spokane County Engineer to the Bank. It is understood and agreed that in the event of any shortage of funds to complete said improvements, the County may have recourse against the Developer.
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For public roads & drainage facilities
Said special account assignment for construction performance bond purposes in the amount of $XXXXXX for the public road and drainage improvements for this project shall remain in effect until such time as the construction of said improvements has been accepted by the County Engineer and said improvements have been established as public facilities by Resolution of the Spokane County Board of County Commissioners.
Said special account assignment for construction performance bond purposes shall convert to a special account assignment for warranty bond purposes, in such amount as required by the County Engineer, upon (1) the County Engineer’s final acceptance of the public roads, monuments and drainage facilities for this project; and (2) establishment of same as public facilities by Resolution of the Spokane County Board of County Commissioners; and (3) upon the Bank’s receipt of the County Engineer’s notarized statement of final acceptance and establishment.
Said special accountassignment for warranty bond purposes is made as security for the full and faithful performance by the Developer of a guarantee against all defects in workmanship and materials which may become apparent during a period of two (2) years after the County’s establishment of the improvements as public facilities.
During the warranty period, the CountyEngineer may request payment from the Bank for the purposes of remedy of such defects in materials and workmanship become apparent, by providing documentation to the Bank. The CountyEngineer’s documentation shall indicate that the work done contains defects in materials or workmanship in the construction of the improvements for the Project and therefore the purposes of said special account assignment have not been fully and faithfully performed as required. The CountyEngineer’s documentation shall also include a statement of the amount of money that the County deems necessary to complete such obligation. Upon the Bank’s receipt of such written documentation, the Developer hereby authorizes the Bank to release to Spokane County that amount of money requested, up to the maximum amount in the special account
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For Private Roads and Drainage facilities
Said special account assignment for construction performance bond purposes in the amount of $XXXXXX for the private road and drainage improvements shall remain in effect until such time as (1) the construction of the private road and drainage improvements for this project have been certified by the Developer’s Construction Engineer, in accordance with the Spokane County Standards for Road and Sewer Construction, and (2) said certification has been accepted by the County Engineer; and (3) the Bank has received the County Engineer’s notarized statement of final acceptance.
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A copy of all such documentation and correspondence with the Bank shall be provided by the CountyEngineer to the Developer at the address noted below.
DATED this day of ______, 20____.
BANK:______
ADDRESS : ______
CITY, STATE , ZIP: ______
PHONE : ______
BANK REPRESENTATIVE :
NAME: ______
TITLE: ______
State of Washington)
)ss
County of Spokane)
I certify that I know or have satisfactory evidence that (name of person) is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the (type of authority, e.g., officer, trustee, etc.) 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 the instrument.
Dated
Notary Public in and
for the State of Washington.
My Appointment Expires: ______
DATED this day of ______, 20____.
DEVELOPER ______
ADDRESS : ______
CITY, STATE, ZIP: ______
PHONE: ______
State of Washington)
)ss
County of Spokane)
I certify that I know or have satisfactory evidence that (name of person) is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the (type of authority, e.g., officer, trustee, etc.) 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 the instrument.
Dated
Notary Public in and
for the State of Washington.
My Appointment Expires: ______