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20150218171118740.pdfN I � lfE E-ARs Ian; 121 5th AVENUE N09IH v EDMOfNDS, WA 98020 = (425) 771-(L2-4I"TYC i w%v,v.admo,idswa.9ov ap02PS440 771-0221 DEVELOPMENT SERVICES DEPARTMENT Expirationl. Bond No 71610273 EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA (ESL€ -dA) SITE RESTORATION BONDING COIViPANY BOND Edmonds Building Permit No, BLD2014-0942 Project Address 15701 75th Place West Developer/caner Vats NI. Car 1 — 5 WHEREAS, Van M. Caryl hereinafter referred to as "The Princispal", has applied to the City of Edmonds, hereinafter referred to as "The City", to ite Restoratioxi- uth Subsidence constructer T andslirlP TTa�ar Arca located at 15701 75th Place West Within City limits. WHEREAS, as required by City Ordinance #3632, this form will certify that this Surety has a bond for the above referenced project. This bond is established for restoration and/or other repairs or stabilization measures, as required by Edmonds Community Development Code Chapter 19.10.050A. NOW, THEREFORE, the undersigned Principal and bonding company, WESTERN SURETY COMPANY 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 $ 50,000.00 lawful money of the United States, according to the following terms and conditions: 1) The total sum indicated will be withheld by this Surety from disbursements, to any entity other than the City of Edmonds or its designee. Only written authorization from the City shall cause release of the Bond. 2) If the Principal does not complete all repairs and/or restorations within 24 hours of service of written notice, then the Surety shall, upon demand by 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, so that the repairs can be installed or completed immediately to City standards. Such funds shall also be paid to tide City for emergency repairs undertaken TO stabilize the site, ulbllc il7?proi/c^fi@2,'itS, cry:I€it1=S a;;f?l?i rtil,it1: S1:a'lc;tl;' S, :ttbu0lCiif?g ii'1".s'}`G'id't"coi 1PJnf'tfd _x !( Restoration �' 1 Fses.� i� .ron i'or€ . =o! n page r,= Sis-'er Ci y - Hekinatl, ja.pDr, where it is impossible or impractical to provide the 24 hour notice to correct. The Surety shall not be liable to the owner for disbursement of said funds to the City of Edmonds or on its behalf. 3) In the event the Principal fails to complete any of the above repairs or restoration 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 for the purpose of completing the repairs. This provision shall not be construed as creating an obligation on the part of the City or its representatives to complete such repairs or restorations. 4) In the event any lawsuit is instituted by the City, 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. 5) This bond shall remain in full force and effect until occupancy approval on the structure is granted by the City Building Official. DATED this 13th day of January r 2015 WESTERN SURETY COMPANY Bonding Company Jolin M. Brown Attorney-i�,,-Fact 'orney cer Wabash Ave., 41st Floor 0 icer/Title 333 S. Wabad, �A,, Chicago, IL 60604 / 605-336-0850 Address/Phone 71610273 Van M. Siarl Developer/Owner/Principal Print Name 15701 75th P1. W., Edmonds, WA 98026 Mailing Address 425-870-8084 Phone Number 1 -\building new folder 2010\es1ha\es1ha bonding corn pa ny,docx ESI-HARestoration Bond Form Page 203 Wil"AUT 1121 STATE DFILLINOIS ) /ms. County of COOK On this 14th d ay of January _2015before me, the undersigned, o Notary Public 1nand for the State ofILLINOIS ' duly commissioned and sworn, personally appeared JOHN M BROWN to meknow hn6ethe ATTORNEY wFACT _of WESTERN SURETY COMPANY the corporation that executed the foregoing instrument,and acknowledged the said instrument t0bethe free and voluntary act and deed ufsaid corporation, for the uses and purposes therein mentioned, and *noath state that he was authorized to execute said instrument and that the seal affixed is the corporate seal o[said corporation, WITNESS n`yhand and official seal hereto affi d the day and year first above written. THOMAS M. HESTER C—ILA" OFFICIAL SEAL NOTARY PUBLIC }nand fordheState nf Notary Public, State of Illinois My Commission Expires �ow"�u=*o^��"/L October 02, 2016 ILLINOIS,8a�dioQai,—__ STATE OF WASHINGTON) }ss. County of On this before me, the undersigned, o Notary Public in and forthe State of Washington, duly commissioned and sworn, personally appeared umeknow tobethe the general partnership that executed the foregoing instrument, and acknowledged the said instrument tobethe free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, and on oath state that ___A�4 was authorized toexecute said instrument. WITNESS y rha I hereto affixed the ci� of o% NOTARY PUBLIC in and fc Washington, Residing at., X st I.\building new esilia bonding Wrnpally,docx ESLHA Restoration Bond Form Page 3 of 3 ACKNOWLEDGMENT OF SURETY STATE OF Illinois — (Attorney -in -Fact) Bond No. 71610273 COUNTY OF Cook ss On this I'A 114- day of _J AN om, before me, a notary public in and for said County, personally appeared JOHN M BROWN to me personally known and being by me duly sworn, did say, that he/she is the Attorney -in -Fact of WESTERN SURETY COMPANY, a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the laws of the State of South Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of Directors and that the said JOHN M BROWN acknowledges said instrument to be the free act and deed of said corporation and that he/she has authority to sign said instrument without affixing the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at Chicago Illinois , the day and year last above written. My con ssion expires 12 , t! Form 106-9-2013 THOMAS M HESTER OFFICIAL SEAL ,fit Notary Public, State of Illinois 9 `;,� My Commission Expires l October 02, 2016 Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 71610273 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint JOHN M BROWN its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Van M. Caryl Obligee: City of Edmonds Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorneys) -in -fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of January 13 2016 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and its corporate se j;tg. w -affixed 13th day of January 2015 WEST R SURE COMPANY Paul T. ruflat, Vice President 9TQTrF°°z9rA COUNT 7s,lijj � ss On this 13th day of January in the year 2015 , before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and dee f said co o at'on. }4 4 4 4 44 4444444 4444 9 4 44444 + 8 S. PETRIK % a SEAL NOTARY PUBLIC $ a otary Public - South Dakota j�SOUTH DAKOTA l? X44444444444444444444444 'f My Commission Expires August 11, 2016 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony wherecf, I have hereunto set my hand and seal of Western Surety Company this 13th day of January 2015 WEST R SURE COMPANY Paul T. fruflat, Vice President Form F5306-8-2012