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bld20130919 - Performance Bond.pdfT7�� H� 7"Tl��0Y�[l� /^ � ��/ �~��r��/���/`) o1uxAVENUE WWII ,cowOyux.vmoo02o^wmVn1 46�� DEVELOPMENT SERVICES DEPARTMENT Expiration- No WAC 53859 DAVE EARLING EARTHSUBSIDENCE AND LANDSLIDE HAZARD AREA /ESLHA\ SITE RESTORATION BONDING COMPANY BOND .` ' Edmonds Building Permit No, PnojectAddns 1502Q.,72ndAy&nuc—W&at,,E—dra-Qn-�L.-WA.--9.80D--.----- Developer/Owner Meadovrview Estates. LLC hereinafter referred tuas "The Pr|ndpa/", has applied to the City ofEdmonds, hereinafter referred to as "The City", to construct located at 15620 72nd Avenue West, Edinonds, WA 98020 within City limits. WHEREAS, as required by City Ordinance 43632, this form will certify that this Surety has n bond for the above referenced pnject. 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, 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 inthe sum of lawful money nfthe United States, according tothe following terms and conditions: 1) The total sum indicated will be withheld by this Surety from disbursements, to any entity other than the City ofEdmonds nrits designee, Only written authorization from the City shall cause release o[the Bond. 3) If the Principal does not complete all nypmio 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 (1O)days ofreceipt ofsaid demand, the amount ufthis Bond orsuch |esseramount as may be specified in the demand, so that the repairs can be installed o/ completed immediately to City standards. Such funds shall also be paid to the City for emergency repairs undertaken to stabilize the site, public improvements, or utilities and/u, adjacent structures, |:\buiWinDnew folder 2O10\eoha\esNabon ��U1AKe�nmtiunBond FormPage 1of3 ° /ncoryom/u/m/�our// mvu ° Sister City UoNnun.Jupan whore it is impossible orimpractical 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 beha|[ 3) In the event the Principal fails to complete any of the above repairs or restoration within the time period specified by the City, by employees and agents shall have the right attheir sole election to enter onto said property for the purpose of completing the repain. This provision shall not be construed as creating an obligation on the pod of the City or its representatives to complete such repairs orrestorations. 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- day of 4r/ NET Jr, Developer/Owner/Principal 1k I Officer/Title Dar(e�ejakdelsl6, Attorney -In -Fact Address/Phone Bond Number E. Kent Halvorson Print Name 12515 Willows Rd. NE.,KirldandWA 98034 - Mailing Address 8O34MaiUnQAddress PhoneNunohor 1:\building new folder 2010\eslha\esiha bonding company,dou ESLI-IA Restoration Bond Form Page 2 of 3 BONDING COMPANY SURETY ACKNOWLEDGEMENT STATE OF WASHINGTON) > ss, County of 'IVA on this ay ___2014__,before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned arid sworn, personally appeared _L�adenqakjejSkL_to me know tnbethe /\ [Meu^ » the oo,poratinn that executed the foregoing inxtmmentand acknow|edQedthe said instrument tobethe free and voluntary act and deed of said corporation, for the uses and put -poses therein mentioned, and on oath state that She -was authorized to execute said instrument and that the seal affixed is the corporate seal ofsaid corporation. WITNESS my hand and official seal hereto affixed.,th,e day and year first above PTARY PUBLIC in and for the State of W -A Washington, Residing at Bothell, WA ---- --- D EVE STATE OF WASHINGTON) % County of On this day of before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared --- o me know to be 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 state that was h 6 04", SVM 'fo 4jtfj WITN co ��eal hereto affixed the day and year first above writteni, NOTARY PUBLIC in arid fo� the State of VVesh|n#Lun, Residing at �' � / Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint, individually, Andy D Prill; Brandon K Bush; Chad M Epple; Darlene Jakielski; Jim S Kuich; Jim W Doyle; Julie M Glover; Michael A Murphy; Nancy J Osborne; S M Scott; Steve Wagner; Theresa A Lamb of Bothell and State of Washington their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: FIFTEEN MILLION ($15,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 24thday of January , 2014 ��"' Cq'h°°• .1014.44 il `., p pb+' '- ®®*O�NG ; ®O,'-'"0,9 A•9 •• MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. 0 m 11-°.. 20 3 r', „ X31 • 1933 : c; . y�. ®• � y''°, ®®°• STATE OF IOWA +�_° 11'� COUNTY OF POLK ss. ""'++""' ®' ° ° ° ° ° President On this24thday of January 2014, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. MARANDA GREENWALT PF Commission Number 770312 My Commission Expires 014" October 28, 2014 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. 1, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this daa of POA 0014 (11 /11) Secretary