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Emerald Hills Performance Bond (2).pdfO F E D AI Date Posted �� Date Expires �� Bond Number 37K000012 � City of Edmonds 121 5"' Avenue North • Edmonds • WA 98020 • (425) 771-0220 Fax (425) 771-0221 Mr � Website: t��ti'w.ci.almonds.wa_us DEVELOPMENT SERVICES DEPARTMENT St. 189QJ Planning - Building • Engineering PERFORMANCE BOND/BONDING COMPANY Edmonds Building Permit No. BLD20180789 Pro'ect Address 224 - 12th Avenue N, Edmonds, WA N 004230-000-023-00 J Developer/Owner Select Homes, Inc. WHEREAS, Select Homes, 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 Lot 23 Emerald Hills on a site located at 224 - 12th Avenue N, Edmonds, WA 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, The Ohio Casualty NOW, THEREFORE, the undersigned Principal and bonding company, Insurance 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 Thirteen Thousand Seventy Four * $13,074.77-- lawful money of the United States, according to the following terms and conditions: *and 77/100ths Dollars--- 1) If the Principal does not cq�plete all improvements required by the above -referenced conditions, plans, and file within ((oo 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. L:\Building New Folder 2010\Forms\PERFORMANCE BOND BONDING COMPANY.doc6/29/201 I 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 7th day of August , 2019 The Ohio Casualty I urance ompany See Home , Inc. y: \ By: Bon g ompany Developer/Owner/Pri al Deborah Cook Attorney -in -Fact Dc?w a W N 1 Officer/Title Print Name 17771 Cowan, Suite 100, Irvine, CA 92614 16531 - 13th Avenue W, Suite A107 Mailing Address 37K000012 Bond Number Mailing Address Lynnwood, WA 98037 425.742.6044 Telephone Number BONDING COMPANY SURETY ACKNOWLEDGMENT STATE OF WASHINGTON ) ) ss. COUNTY OFSNOHOMISH ) On this 7th , day of August , 2019 before me, the tinder -signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Deborah Cook to me known to be theAttorney-in-Fact of The Ohio Casualty * , the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the tree 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. *Insurance Company WITNESS my hand and official seal hereto affixed the day and year first above written. 61►��1� , C rlvl PUV 14"" NOTARY PUBLIC in and for the ,.,..•....,,� _� ��E AN, ,off State of Washington, residing at ,S6 n w a oc�1, bi A- �NOT�y m PUBLIC ems, I�I� %;M�� p ' l 114�op L:\Building New Folder 2010\Forms\PERFORMANCE BOND BONDING COMPANY.doc6/29/2011 City of Edmonds Performance Bond Bonding Company Page Three DEVELOPER/OWNER ACKNOWLEDGEMENT STATE OF WASHINGTON ) ) ss. COUNTY OF �DrNCA -Of—` s ) -ram. On this , day of n —6u 5t Zo:9 before me, the under -signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared n� tij ��s �, •; � _ to me known to be the v'A ( &FO of 4,>_ 1 { A Kotr ¢s 1 r c- 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 KX1 was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. a. N TARY PUBLIC in and for the State of Washington, residing at . F comm. Imms SEP130. 201 �i ••...••' di'; ,'''.,, � wASN ..�•. L:\Building New Folder 2010\Forms\PERFORMANCE BOND BONDING COMPANY. doc6/29/2011 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7397399 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Catherine M Fleck; Deborah Cook• Marianne L. Jackson; Mary L. Faure'; Patricia A Fuqua all of the city of Everett state of WA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowleage and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surely obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 17th day of June 2016 �- CA3G �fINSt, JP�INSule ��y�INV- Q`� 1906 0 0 1919 0 1912 9 1991 a *\aL J>y 'y,IFNI^tQ.1C�D STATE OF PENNSYLVANIA COUNTY OFMONTGOMERY American Fire and Casualty Company 'o The Ohio Casualty Insurance Company N Liberty Mutual Insurance Company West mencan Insurance Company N By: David M. Care . Assistant Secretary On this 17th day of June , 2016 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute 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 have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. gP PAST COMMONWEALTH OF PENNSYLVANIA Q� ponw 41 Notarial Seal ' y Teresa Pastella, Notary Public By: OF Plymouth Twp., Montgomery County Teresa Pastella, Notary Public a.. My Commission Expires March 28, 2017 `1PY,G Member, Pennsylvania Association of Notanes qFry W This Power of Attorney is made and executed pursuant to an by authority of the following By-laws and Authorizations ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS — Section 12. Pourer of Attorney. Any officer or other official of the Corporation authorized for that purpose In writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe. shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such altomeys-in-fact subject to the limilafions set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casually Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this :— day of .20 t .10 CA.) (V INSU WSW, nN LNSUgR F J 1906 0 0 1919 0 1912 ° ` 1991 c By: Gregory W. Davenport, Assistant Secretary J � d'�ny �',e+,.r"� rj�D � �"Irnu«��`5 �� ,9�j �'-,�rtt•~ e: '� Sinnn� O vN >' W O C E O C, Q M O� O O E .M y O t O i+ tD Oc �d •� d y0 cm E N t� co c co r0 O Fo 26 of 100 LMS_12873_122013