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20170407103810.pdfO F E D III Date Bond Posted '11 �� �✓� Date Bond Expires Li --.r Bond Number 382694 City of Edmonds 121 5"' Avenue North • Edmonds • WA 98020 • (425) 771-0220 Fax (425) 771-0221 Website: www.ci.cdmonds.wa.us DEVELOPMENT SERVICES DEPARTMENT st. 1 890 Planning • Building • Engineering MAINTENANCE BOND/BONDING COMPANY Edmonds Building Permit No, BLD20140299/ENG20140385 Project Address 23220 Edmonds Way Developer/Owner Kautz Route LLC WHEREAS, Kautz Route LLC , hereinafter referred to as "the Principal" has constructed and installed certain improvements in connection with a project known as Brackett Court Apartments on a site located at 23220 Edmonds Way within the City of Edmonds, and WHEREAS, in order to provide security for the obligation of the Principal to repair or replace any improvement which proves defective within 2 year(s) (not to exceed two years) from acceptance of the improvement by the City of Edmonds herein referred to as "the City", and to enable the City to release the performance bond provided in connection with said improvements, this bond has been secured and is hereby submitted to the City. NOW, THEREFORE, the undersigned Principal and Indemnity Company of California 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 $ 4,425.00--- , lawful money of the United States, according to the following terms and conditions: 1) The Principal and Surety agree that in the event that any of the improvements installed by the Principal or Surety pursuant to the above referenced plans, conditions and file fail to remain free from defects in materials, workmanship or installation or in the case of landscaping, fail to survive for a period of 2 year(s) from the date of acceptance of the installation by the City, the Surety shall, upon demand of the City and the failure to cure the defect within a reasonable time as determined and specified by the City, remit to the City within ten (10) days of receipt of demand for remittance, the amount of this bond or such lesser amount as may be specified in the demand. 2) If the Principal fails to cure any defect within the time period requested by the City, its employees and agents are hereby authorized to enter onto said property and perform said work. This provision shall not be construed as creating an obligation on the part of the City or its representatives. 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. L:\Building New Folder 2010\Forms\BONDMainBonding.doc6/29/2011 City of Edmonds Maintenance Bond Bonding Company Page Two 4) This bond shall remain in force and effect until the obligations secured hereby have been fully performed and until released in writing by the City at the request of the Surety or the Principal. Jessica Yuhas Attorne -i -fact Officer/Title 17771 Cowan, Suite 100, Irvine, 800.782.1546 Mailing Address/Phone 339342SM Bond Number ril _ 2017 Developer/Owner/Principal G®Kborn) Sk.-,,TT(4 Print Name PO Box 31097, Seattle, WA 98107 Mailing Address 206.661.3963 Phone Number BONDING COMPANY SURETY ACKNOWLEDGMENT STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this 6th , day of April ) 2017 , before me, the under- signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jessica Yuhas to me known to be the Attorney -in -Fact of Indemnity Company of California , 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 she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day 00 ��:' RVQ�e�K NC = ' N°t °' Ey,P1aE5 s StE coM' 20 • NE �6, 20 • year first above written. C in and for the bn, residing at LABuilding New Folder 2010\Forms\BONDMainBonding.doc6/29/2011 City of Edmonds Maintenance Bond Bonding Company Page Three DEVELOPER/OWNER ACKNOWLEDGEMENT STATE OF WASHINGTON ) ss. COUNTY OF ) On this (9f-- , day of }-JW , 90 1+, before me, the under- signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared God ' cS"- N%A tome known to be the 029,nQiri4 ayn2l2a— V of Kautz Route LLC 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 l-],OV-zxot,3. `:N -�-.T�A was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. `� • IVOTARYPUB(IC •; G�.c C041M• EXPIRES "s JUNE 16, 2020 ; "s • OP t,1111 SHWA It 181111110 NE BLIC in and for the S ington, residing at efi-L 1°JA LABuilding New Folder 2010\Forms\BONDMainBonding.doc6/29/2011 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Kara Skinner, Cameron L. Huntsucker, Mercedes Trokey-Moudy, Jessica Yuhas, jointly or severally*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached IN WITNESS WHEREOF, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 6th day of February, 2017. By: �1 �if(�� OZC �•'���AND�y�. 9�\Pi+!:Ypc Daniel Young, Senior Vice -President 0`fAl �,y 1936 ,.67 0 By: - ��7 <rroR? a��� P cA(�r��a<��r a: Mark Lansdon, Vice -President A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On February 6, 2017 before me, Date personally appeared LUCILLE RAYMOND Commission N 2081945 M Notary Public - California Z Orange County M Comm. Er Ires Oct 13 2018 Place Notary Seal Above Lucille Raymond, Notary Public Hare Insert Name and Tithe or the Officer Daniel Young and Mark Lansdon Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. � r Signature Lucillp (3 ond, Notary Public CERTIFICATE v The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this CertificGte. ... r,,,, This Certificate is executed in the City of Irvine, California, this 6th day of April 2017 tv AND /No 4p,�9P0 r Ot '••J-� <P?J?o ' Fri_= > p� n'; ' Fo:Z' ?�' ar. B 1936 — 0 s y Cassie J. risford, Assistant tary - 0 •�!CrFOR��'•ao�- 1 °yam n 67 'Ql o rr A Z •,� 7�iD •...... AAA•••. ATS-1002 (02117) �''•�.,,,,;;,,,.••`•