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0269_001.pdf0 F E D NI Date Posted �� �� Date Expires --"K- d Bond Number 107043552 City of Edmonds 121 5"' Avenue North • Edmonds • WA 98020 • (425) 771-0220 Fax (425) 771-0221 Website: ���_v_w_.ci,c<intunds_wa.us DEVELOPMENT SERVICES DEPARTMENT 17450 Planning • Building - Engineering PERFORMANCE BOND/BONDING COMPANY Edmonds Building Permit Nu. BLD 201661366 Project Address 303 Edmonds St., Edmonds WA 98020 Develol)crAhviler Wilcox Contruction, Inc. WHEREAS,. Wilcox Construction, Inc. , hereinafter referred to as "the Principal", has applied to the City of Edmonds, hereinafter referred to as "the City", to construct the project known as Beach Walk Apartments on a site located at 303 Edmonds St., Edmonds, WA 98020 within the City of Edmonds, and WHEREAS, the City approved the requested action and, WHEREAS, the approval granted by the City and the provisions of the Edmonds Development Code require certain improvements to be made in connection with construction of the project, and whereas the improvements are shown on the approved site plan and other required plans and are further defined by the conditions identified in the City file, Travelers Casualty and NOW, THEREFORE, the undersigned Principal and bonding company' Surety Company of America, a corporation authorized to transact surety business in the State of Washington, hereinafter referred to as "the Surety", agree and bind themselves, their heirs, executors, administrators and assigns, unto the City in the sum of Twenty nine thousand four hundred and oonoo $ 29,400.00 lawful money of the United States, according to the following terms and conditions: 1) If the Principal does not complete all improvements required by the above -referenced conditions, plans, and file within _ 24 months (not to exceed 24 months), then the Surety shall, upon the demand of the City, remit to the City within ten (10) days of receipt of said demand the amount of this bond or such lesser amount as may be specified in the demand. 2) In the event the Principal fails to complete all of the above referenced improvements within the time period specified by the City, its employees and agents shall have the right at their sole election to enter onto said property described above for the purpose of completing the improvements. This provision shall not be construed as creating an obligation on the part of the City or its representatives to complete such improvements. 3) In the event any lawsuit is instituted by the City of Edmonds, the Principal or the Surety to enforce the terms of this bond or to determine the rights of any party hereunder, the prevailing party in such litigation shall be entitled to recover from the losing party its costs, including reasonable attorneys' fees, incurred as a result of such lawsuit. I- Building New Folder 2010\Forms\PERFORMANCE BOND BONDING COMPANY.doc6/29/2011 City of Edmonds Performance Bond Bonding Company Page Two 4) This bond shall remain in full force and effect until the obligations secured hereby have been fully performed and a bond guaranteeing maintenance of all improvements for a period of two (2) years from acceptance has been submitted to the City in an amount to be determined by the City, of the cost of the improvements and in a form suitable to the City, and until released in writing by the City at the request of the Surety or the Principal upon expiration of the period specified in the above paragraph. DATED this 14th day of February , 2019 Bonding Company Developer/Owner/Principal Patti White, Attorney -in -Fact Officer/Title Print Name PO Box 3018, Bothell, WA 98041-3018 234 5th Ave South, Edmonds, WA 98020 Mailing Address Mailing Address 107043552 425-774-4185 Bond Number Telephone Number BONDING COMPANY SURETY ACKNOWLEDGMENT STATE OF WASHINGTON ) ) ss. COUNTY OF WA ) On this 14th , day of February 2019 , before me, the under -signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Patti White to me known to be the Attorney -in -Fact of Travelers casualty and surety company of America the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that Patti White was authorized to execute said instrument and that the seal affixed is the corporate seat of said corporation. WI ESS my hand and official seal hereto affixed the day and year first above written. Y PUBLIC in and for the `,,��� State of Washington, residing at �%% o S Klil Bothell, WA ••o��Kealon, = NOTARY N►i PUBUC _ s • O: 0'*;' 0 fWASN���`�� LABuilding New Folder 2010\17ormsTERFORMANCE BOND BONDING COMPANY.doc6/29/2011 City of Edmonds Performance Bond Bonding Company Page Three DEVELOPEIVOWNER ACKNOWLEDGEMENT STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this 15 AAA. . day of ` eb o7\Dl_., before me, the under -signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the _ �'�'lt�� pee of Wilcox Construction, Inc. the general partnership that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, and on oath stated that _ b was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. N(Yl RY LIC in and for the OKSANABUDC ENKO Notary Public State of Washington, residing at i state of Washington My Appointment Expires Feb 15, 2022 LABuilding New Folder 2010\17ormsTERFORMANCE BOND BONDING COMPANY.doc6/29/2011 Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS] St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St.Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Julie M. Glover, S.M. Scott, Michael A. Murphy, Jim W. Doyle, Andy D. Prill, Jim S. Kuich, Chad M. Epple, Steve Wagner, Theresa A. Lamb, Carl M. Lovested III, Patti White, Teresa Glombecki, and Maxwell Martin, of Bothell, Washington, their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity ofpersons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and theircorporate seals to be hereto affixed, this 3rd day of February, 2017 . OE,=D�,, HARfFfA10, R` CarLl1 k6 State of Connecticut By: 1- City of Hartford ss. Robert L. Raney, Senior Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. T� My Commission expires the 30th day of June, 2021 mOJ1�R. C Auet�oS Marie C. Tetreault, Notary Public 'yhEI:CF' This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 14th day of February , 2019 ' ,�1• y M*W':ns�4 a � c Kevin E. Hughes, Assi%tant Secretary To verify the authenticity of this Power ofAttomey, please call us at 1-800-421-3880. Please refer to the above-namedAttomey-in-Fact and the details of the bond to which the power is attached.