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Landscape maintenance bond correction letter 02232010.pdf11brwry 23, 20 10 N " E f GARY FKAKENSON F M 0 N 1) is R 7 1 7 C f KA C,,, N Vv A OA"j P d '5 r' 7, 9 ") "ij , F'fp ", 'd "2 5 T'), I , C, 2 c � Vosbym Ww"Undma"s oda as DEVEL,C) 1,AJE N DEF"Ad""il NJEN I" Floini F'dwards I .'l..,(" 2801 Alaskan Way N 107 suadc, Vok 98121 subjem 1"'andscaping Woenarwe Bond- Pcraiit Nos, [3LD200(.;0774 and BLD20060775 I , 0 Whoin 11 May Concerm The b,,,ailding pf-17flitS referealced above were l"or the con Mruolon ofbuil(fings 0, ond 7 ofthe Point L.dwards condornitfluni, devJopnicnl, Assocla;Wd w4h these penuits %"is a bond 11"or hnndsc�,'ipe in the namimi of S20,765.00 that xvrvy posted on March 17, 200& The bond empkes on, March 17, 2010, and requires that the landscaping at the site today matc,hes, what was, originallyapproved and installc& Based (mi inspections ofthe Ate pedbrmed 111mmmy 19 and 22, 2010, it was noted. that lea portions of the approved landscaping appeared to absent WInle the landSCEIJ)ing i1TnTIedhatQl)/ a4jacei"fl, to, buddings 6 and 7 seemed to be jdanted accwAh% to Me Wndscape plan mv�i sin-ving quite A as numb, artree� wem mink& rwWwly alang Ow slope an not*west sUe of Me d"clopnient, The highlightedarcas ori, tfic enclosed landscape plan are plants that appcar to be 111issing. In order tta release the brind, the missing landscaping must he rep�anted Consistent With the approved landscape pbn (enclosedy Once the trees are relalanted, I can peOrni another inspection and, if"the planned gs me coodstent wkh Me landscaping lAan, wlease the $20065.00 bond. If you choose not to peOnn the makmane and brim g the plantigg amu into agrem nou W Me opproved landscapQ #ary the CAI), can capture The bond and use the money to bring the Rhe hdi,) conMAiancc. A capy cd'the maintenance bond release: form is enck,,sed. If you We any tywilms or wish to schedule as thne Foriancill,wr landscaping ins,pecfinn, please Contact =425-771-0220 ar li�y eniail, al drnntuis,w'ul�s- K 'ien AsWaw Planner Cc: F4 BID20060,7711 and RLD21060775 Augus,, I � �-1590 Soar Cay . Hekwan nAy an MAINTENANCE BOND RELEASE FORM', MEMOT(),: PERMIT FROM -1 DIVISION DXI E Pl,,,A,N'N'IN<,"!D]"%'ISIONDA'1'1-," . ... . ....... — — ----- DATE SENTTO: DIJ11; BACK: RECHVED: * * * ** * ** * ** pl'. ** *,* ** z 'Y 1`7 17 . ......... I � Al'),10 DA,']"'E INSPECTED PERMIT III r . . . . . . ....... . ...... . .... ... S 'TD D SIE AR 04� 161'4211> . . . . . . . . . . . el "1-011 () WAN, ER ADMESS TYPE OF BONE) "f,( BONI) DATE Pos'r m Please field hispect at your, earliest convenience for the release of the subject boad, If there are please note in the spsace provided, Failure to respond by the moted bond expiration date cons t itutes Depla rtment approvalanA autoinatic release of the bond. It is each l' elan- responsibility Vi contact the deVelopet-JoiArner when,(jutslandin� issuelw°vvnl the relewst ol'the bould, Please copy the Pernft Coordinator on all (1ty correspondenCe Sent. regarding this bond. 1 10N IS APPROVED FORRELEASE 11 I BOND IS NOTAPPROVED - OUTSTANDING REQ1 NOTE1.) m a WORK TO BE COMPLE111) win-IrN, DAYS S(J"SPENS'E,'1,'0, COPY '1`0 F)LE dP m .o m iwpxY•"Iu x�rv�fNxluwSW!W Po � n Mxiiw.®�.u;m w6n� � ,'aWW 1WrvE 'M WNN18� CIY � eYNWNM'.� i4dpA � M1W � ,!" xbApµW k �15 � � 9�G &tx,; H „� 00bW MC' �dYE 1 ,: WAIINd vM xfl/ox®R &tl8 �'If� ���Nl�w..v xniii�tl dEb „ ., S dY�Yd k�IS•qVr— �B�M,88H r . x✓.ma dry qyqj„ /Wg. Iri, I Y ET 16 a _ 1 -3 i� 6. - 7' II 4�M I pw4 5 R nw f X41 ' I Iri, I Y ET 16 a _ 1 -3 i� 6. - 7' II 4�M Date Bond Posted Date Bond Expires ^ ]Bond Number 734655S City of Edmonds PREMIUM: $465.00/TERM OF TWO YEARS t, 1215 Avenue North • Edmonds - WA, 98020 - (425) 771-0220 Fax (425) 771-0221 Website; www-ci.edmonds.wa.us DEVELOPMENT SERVICES DEPARTMENT Planning • Building • Engineering MAINTENANCE BOND/BONDING COMPANY Edmonds Building Permit No. Building 6: 13LD20060774 Building 7: BLD20060775 Project Address pgi--rPpr,_E.dmands, WAg Developer/Owner POINT R WHEREAS,.FaNT EDWARI]S., LLC. hereinafter referred to as "the Principal", has constructed and installed certain improvements in connentinn with a project kaawa as POINT EDWARDS PHASE 5 on a site located at 31 and. 41 Pine Street Within the City of Edmonds, and . WHEMS, in order to provide security for the obligation of the Principal to repair or replace any improvement which proves defective within TWO 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. 2VOW, 2"H'.�)?-'�FGRE, the undersigned Principal and DEVELOPERS SURETY AND1'INDEMNIT)r COMPANY a corporation authorized to transact surely business in the State o�F Was)aington, hereinafter referred to as "the'Sux'eiy", agree and hind themselves, their heirs, executors, administrators and assigns, unto the City in the sum of $ 20 , 765. 00 , )awful 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 aperiod of T"TO years) 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 tirne 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 performsaid 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 band 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,\TF-MP\BUU-DINCiTORMTOrm&b;mBonag.JaOC7/07 RECEIVED BUILDING DEPT. 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. DATED this 29th day of February 2008 DEVELOPERS SURETY AND INDMENITY COMPANY Bo Company - t dffCer/Title Gerald L.. Ervin, Attorney in 17780 -Fitch, 8uite.200, Irvine, Fact MailingAddresslPhone CA 92614 7346555 POINT EDWARDS, LLC Develo /O rue rincipal Print Naive 2801 Alaskan Way, 4107, Seattle, WA 98121 Mailing Address (206) 374--0414 Bond Number Phone Number BONDING COMPANY SURETY ACKNOWLEDGMENT STATE OF WASHINGTON } ss. COUNTY OF } On this . day of . 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 of the corporation . that executed the foregoing 'instri ment, 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 was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WI'T'NESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC in and for the .State of Washington, residing at L_kTEnMUILDTNGWORMS\BONDMainDending.DOC7/07 City of Edmonds Maintenance Bond Bonding Company Page Three DEVELOPER/OWNER ACKNOWLEDGEMENT STATE OF WASIENGTQN ) ) ss. COUNTY OF /6 itJ1+ ) On this / _ day of %f'I/7 e -M before me, the under- signed, a Notary Public in and for the State of Washington, duty commissioned and sworn, personalty appeared -&V6;4 K X,6 --I ffoome known to be the NGI F,*Z. of 6kST t3E3t um-psL Lam_, 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 141y, was authorized to execute said instrument. WITNESS my band and official seal hereto affixed the day and year t above written. OTARY PUBLIC in and for the State of Washington, residing at i.. I MY NOTARY — • — PUBLIC L'kTE. .%UIF DING\FORMS\BONDMainBouding.DOC7107 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of LOS ANGELES On 2/29/08 before me, DEBRA K. BELL, NOTARY PUBLIC Date Here Insert Name and Title of the officer personally appeared GERALD L. ERVIN Names) of Sfgner(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they DEBRA K. 8ELL executed the same in his/her/their authorized capacity(ies), Commission # 1756102 and that by his/her/their signature(s) on the instrument the " A Notary Public - California person(s), or the entity upon behalf of which the person(s) Los Angeles County acted, executed the instrument. My Comm. Expires Jul 30, 2011 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct: Witness mhon an official seal Signature �� Place Notary Seal Above Sign ure o Notary blic OpTiONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. (Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ individual ❑ Corporate Officer — Title(s):_ ❑ Partner — ❑ Limited ❑ General © Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate OfficelTitle(s)_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here © 2007 National Notary Assoriatlon • 9350 De Sato Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 - www.NationiiNotary.org Item 95907 Reorder. Call Toll -Free 1-800-876-6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: *** Cindy L. Ridley, Janet L. Shaw, Cheryl Caiger, Debra Bell, Thomas C. Moore, Gerald L. Ervin, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Adomey(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 Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorneys) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, thatthe 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 SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008. County of Orange On January 1st, 2008 -_ _ _ _ _ _ before me, Christopher J. Roach, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T. Pate and Charles L. Day Name(s) of Signer(s) Ai.�IwArlrrJ COMM. # 't745999 ORAME C OUNTY My cat M. May 1-9, 2W Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isiare subscribed to the within instrument and acknowledged to me that helshelthey 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. Signature �-�r����— Chr' er J. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and 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 Certificate. This Certificate is executed in the City of Irvine, California, the 29thy of February, 2008 By. Albert Hillebrand, Assistantecretary ID-1380(Wet)(Rev.07l07) �SM�4�rtlpi)rN� AND By. Stephen T. Pate, Senior Vice President r OCT. By: ku+t 10 :M � 195B Charles L. Day, Assistant Secretary State of California County of Orange On January 1st, 2008 -_ _ _ _ _ _ before me, Christopher J. Roach, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T. Pate and Charles L. Day Name(s) of Signer(s) Ai.�IwArlrrJ COMM. # 't745999 ORAME C OUNTY My cat M. May 1-9, 2W Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isiare subscribed to the within instrument and acknowledged to me that helshelthey 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. Signature �-�r����— Chr' er J. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and 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 Certificate. This Certificate is executed in the City of Irvine, California, the 29thy of February, 2008 By. Albert Hillebrand, Assistantecretary ID-1380(Wet)(Rev.07l07)