HomeMy WebLinkAbout001221 Original Contract City of Part Angeles
Record #001221
2017-1350211
Page tl of AgreeMent.
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RETURN ADD EN6
Oty.e,fPost Angedes
Deparirraerat of Pubhc Works and Utflifdcs
321 @:3 A"Stre t,
Port k4ngeu c,r,WA 98361
AGREEMENT TO REMOVE �+;NC'ROACHME.NT
within
PUBLIC RIGHT-OF-WAY
WHEREAS: 1, � t Comnariv. Qn_b.Qhalf pfim.
t hevro the
U.S.Q. Inc. owner in fee simple of the following described property:
Lot l l &part of"vacated "A"street& bats l; _ 14, Block 97, Townsite of Port Angeles
Parcel Number: 0630000 76Cl0000
Address: 738 Marine Drive,fort Angeles, WA 98362
do hereby acknowledge that ground water monitoring wells have been and will be constructed b
me within the adjoining public street or roadway.
NOW,THERE ++C IW,: Foradequate consideration, l agree that said ground water monitoring
wells and any associated appurtenances shall be expeditiously demolished, removed,modified,
rebuilt or restored at nay expense within sixty(60)days of receipt of written notice from the
Director of Public Works and Utilities Department(Director)with work to be done in
accordance with the requirements and conditions deemed necessary by the Director or his
designee at such time as the City finds that it is necessary to modify the right-of-way. if the
required work is not done in a timely fashion and/or if the work does not meet the requirements
and conditions set forth,the City is authorized to have the work done and the cost thereof.'
including reasonable overhead and attorney's fees shall become a civil debt of the property
owner and shall be,,a lien against the property.
We do also hereby agree that the Director may, without notice,remove the private improvements
as necessary, to repair utilities or other public facilities and that the City has no obligation to
reconstruct or replace Such private improvements.
The property owner agrees to indemnify,hold harmless and defend the (.1ty, its employees,
agents and assigns from and against all claims or lawsuits as alleging iqjury or damage to
persons or property,as a result of the construction and location of the private improvements as
,provided herein.
,It is agreed that this agreement shall run with the land and shall be binding on the undersigned
owner, his heirs,devisees, successors and assigns and all owners now or hereafter of the land
described above,
Name
Assistant Secret
Title
STATE OF WASHINGTON
)ss.
COUNTY OF CTALLAM
On this date,before me the undersigned Notary Public in and for the State of Washington,
personally appeared to me known to be the
individual who executed the foregoing Agreement to Remove Encroachment within Public
Right-of-Way and acknowledged to m1,that they signed the same for the uses and contents
therein mentioned.
DATED this day of ---t-201
NOTARY PUBLIC for Washington,
residing at
My commission expires:
J
NAMMENC04FERWOW Constrixtion\2017 Pcrmfts\RCP 17-03 Mw.nAaring WeMAgmetnew to remove
CALIFORNIA ALL-PURPOSE I"l KN!' WLED ENT CIVIL,CODE § 1189
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A notary public or other officer completing this certificate verifies only the ident'it'y of the individual who sNgned the
deacur hent to whlch this certificate is attached,and net the truthfulness,accuracy,or validity of that document.
State of California
County of
On .....__._. beeem .......... . C r f_� " r�r"
wu a .. ... u "
Cate Here Insert Name and Tithe of the Officer
personally appeared .w_.0 _..._....... . � o u t;
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4/l2/28I7
Public Works Engineering
Bond for Right ofWay Construction permit#17-U3
Monitoring well in Alley.
Chevron Environmental at 738Marine Drive.
LICENSE OR
PERMIT BOND L,CE IV ED
Liberty ;O'ITY OF PORT ANGEL,`
10�mutum', PUBLIC WORKS
SURETY 2017 APR 10 PH
Bond 070022116
LICENSE OR PERMIT BOND
KNOW ALL BY T14ESE PRESENTS,That Nve, CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY
6001 Bollinger Canyon Road,Can Ramon,CA 9283
asPrincipl,and the Liberty Mutual Insurance Company -,a corporation,
as Surety,are held and franly,bound unto CITY OF PORT ANGELES
321 East 5th Street, Port Angeles,WA 98362 as Obligee,
ill like still)of
Tweive Thousand and 00/100 Dollars( 12,000.00
for which sunt,well and truly to be paid,we bind ourselves,our firs,executors,administrators,successors and assigns,jointly and
severally,firmly by these presents,
Signed and sealed this 22nd day of March 2017
THE CONDITION OFTHIS OBLIGATI .II SUCH,That WHEREAS,the Principal leas been or is about to be granted a license or
perinit to do business as installation of monitoring weH and soil borings at 738 W.Marine Drive,Pori Angeles,WA
by the Obligee.
NOW,nierecorc,if the Principal w,ell and truly comply with applicable local ordinances,and conduct,business in conformity therewith.
then this obligation to be void;otherwise to remain in full force and effect,
PROVIDED,HOWEVER�, 1.This bond
shill continue in force:
until March 22nd 2018 or until the date of expiration of any Continuation Ccrtificate
executed by the Surety
Olt
F Until canceled as herein provided.
2 This bond inay be canceled by the Surety by the sending of notice in writing to the Cibligee,slating when,not less dian thirty,clays
thereafter,liability hereunder sivill wrinittate as to a t acts or onassions of the Principal,
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CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY
Princifwnl
61 Bv ,A-
IFO 1 11"',
7
Liberty Mutual Insurance Company
rmer
CH By
9,
Marina Tapia Attorney iia-Fact
L 10608 10M
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A Notary Public or other officer completing this ceitificate verifiesonly 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 Los An ele-
Cin MAR 2 2 2017 before me, Bernadette Aleman Not, Public ,personally
appeared Marina Tia who proved to me on the basis of.satisfactory evidence to be the
person(s) whose name( ) is/am subscribed to the within instrument and acknowledged to me that
he/she/t.4”executed the same in s/herAe4 authorized capacity(` ), avid that by cher/
signature( )on the instrument the person(,$), or the entity upon behalf of which the person(4)
acted, executed the instrument.
I certify under PFSNA'r' ' OF PERJURY tinder the laws of the
State of California that the foregoing,paragraph is true and correct..
' l"l*NESS my hand and official seal,
� � li ri P
ignature of otary Public
........... .......... ..................... ..........
THIS POWER,OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Isovar of Attorney limits ft acts of those named heroin,and they have no authority to hind the Company except In the manner and to the extent herein stated.
Certificate No _7556057
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty linsurance Company Is a corporation duty organized under the laws of the State of New,Hampshire, that
Liberty Mutual insurance Company is a corporation duty organized under the laws of the State of Massachusetts, and West American Insurance Company !is a corporabon duy
organized under the laws of the State of Indiana(herein coflecfively called the'Cornpan6es'),pursuant to and by authority herein set forth,,does hereby name,constitute and appoint,
Screctoc James Floss' KQ Come& Kristine Mendez;Lisa K.Crail„MaEnna Thi ;�
one Gerhard;Tracy Aston
aIt of the city of L22 Angeles ,state of CA each individually if there be more than one named,Its true and lawful attorney-in-fact to make,execute,seat,acknowledge
and deliver,for and on its behaff as surety and as its act and deed,any and all undertakings,bonds,recDgnizanoes and other surety obligations,In pursuance of these presents and shall
be as binding upon the Companies as If they have been duty signed by the president and attested by the secretary of the Companles in their own proper persons.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or oftue of the Companies and the corporate seas of the Companies have been affixed
thereto he 301,h day of November 2016
ar 0, The Ohio Casualty insurance Company
0
Liberty Mutual Insurance Company
D
0 YI t t91'
West merican insurance Company
By:
STATE OF PENNSYLVANIA as David M.Cairey',"4ssistant Secretary
couNTY OF MONTGOMERY
Onthis 30th day of November 2016
before me personally appeared David M,Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
Qo Company,The Ohio Casualty Company,and West Amehcan Insurance Company, and that he,as such,being authonzed so to do,execute the foregoing instrument for the purposes VY
NO
0.2 therein corualined by signing curt behalf of the corporations by himself as a duty authorized officer. 0
qr > IN WITNESS WHEREOF,i have hereunto subsonted my marine and affixed my notarial seal at King of PrussIa,Penri on the day and year first abovewritten 0 Q�
tltt P COMMONWEALtH OF PENNays
SLVANIA
Notahal SeW 'Y:
XaryuhTeresa PasreJla,No0
OF Upper Mef*n Two,Montgomery Countyrosa Public ..............—----- Ct
0 My ComrnmsOro Expwas 128,2017 C�'
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0 V V;r;W"�anjn ZsKrcWk)n of Notanes 0
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C 2! This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Oluo Casualty Insurance Company, Liberty Mutual
insurance Company,and West American Insurance Company wthch resolutions are now in full force and effect reading as foli
0)0)
m 0 ARTICLE IV-OFFICERS-Section 12,Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject 0
to such trent tion as the Chairman or the President may prescribe,shall appoint such attorneys-fin-fast„as may be necessary to act to behalf of the CoWration to make,execute,seW,
O.S acknowledge and defiver as surety any and all undertaivirigs,bonds,recognizances and other surety oNqations. Such aftorneys-m-fact,subject to the IInntaborts set forth in their respective
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powers of aftorney,shafl 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
C1 riaeXeCUtod,such instruments shall be as Mill as III s�gned by the President and attested to by the Secretary,Any plower or aulhctr4 granted to any representahve or atterney-in-fact under >
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the provisions of this article may be revoked atany fume by the Board,the Chairman,the Ptesident or by the officer or officers granting such power or authority, Mt
F4
ARTICLE X114-Execution of Contracts-SECTIONS Surety Bonds and Undertakings,Any officer of the Company authorized for that purpose in wnfing by the chatmian of the president,
> and subtect to such limitations as the chairman or the president may prescribe"shalt appoint such attorneys-in-fact,as,may be necessary to act In behalf of the Company to make,execute,
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Cf seal,alcknoWedge and deliver as surety any and all undertakings,bonds,recogruzances and other surety ob4glations. Such attorneys-in-fact subject to the limitations set forth In their
Z respective powers of attorney,shall have full power to hind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company, When so 0
executed such instruments shall be as binding as if signed by the president and attested by the secretary. 0
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 art on behalf of the Crit any to make,execute,seaP,acknowledge and deliver as surety any and aN undertakings,bonds,recogrnzances and other surety
obligations.
Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mediarricaly reproduced signature of any assistant secretary of the
Company,wherever appearing upon a reirtfied copy of any power of attorney Issued by the Company h connection wdh surety bonds,shaft be valld and binding upon the Company with
the same force and effect as though manually of
t, Renee C. Liewifyin, the unde*ri Assistant Secretary, The Ohio Casually insuraws Company, Liberty Mutual Insurance Company, and West Anxitan trisurance Company do
hereby ceitty that ft original,power of attorney of winch the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in fuIf force and effect and
has not been revoked.
2017
IN TESTIMONY WMAR 2 2 HEREOF,i have hereunto set my hand and affixed the seats of said Companies this day of 20gra t 1
000-
rW S
Ely:
Renee C,LIew ssudant Secretary
90 of 500
1 128730841016
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL.CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signedy the
__..
document to which thls certificate is attached,and not the truthfulness„accuracy,or validity of that document.
State of C,alifomia
County of Contra Q osta
On 3/24/2017 before me„ Jade Pongcharoen,Notary Public.
___...__....... _M......._
Date Here Insert Name and Title of the Officer
personally appeared .._ Navin�._1 aha"an
Mame(,) of Signer(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 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 PENALTYOF PERJURY under the laws
r�1wrNwrr�www���''�" of the State of California that the foregoing paragraph
JAIDE PoNUUHAAOEte is true and correct.
Notary Public caworrawa ta county I WITNESS m hon
iZ4mycornm
anar�uissaerus tE2ttE
low
y off' eal.
Ex ices AugEr,202
Signature_......... .
�i mature of Notary Public_....__..._ .,.
u,r
Place Notary Seat Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document..
Description of Attached Document
Title or Type of 'Document Bond no. 0700 2116
Document Date: 3/22/2017 _.w_...........m_,. Number of Mages: 1
_._..__ .. ..4 ...
Signers) Other Than Named Above. o others
Capacity(ies) Claimed b St ner(s)
Signer's Dame: Navin �t4 r Signer's Name:_ _..._ n/a
:i Corporate Officer _ Title(s): Treasurer Corporate Officer -- Title(s):
�..J Partner — ;Limited General D Partner --- '"J Limited E]General
i
Individual :a Attorney in Fact C.-1 Individual attorney in Fact
Trustee �] Guardian or Conservator Trustee i:: Guardian or Conservator
l Other:
Other: _
Signer Is Representing: _._ Signer Is Representing: _..............
Chevron EnN? ra_nnient 0 J ar rnent C;o rr ny _ ..._ _...._ ... _a .. ._....._.,_.
02015 Nationai Notary Association •www.NationalNotary,org- 1-800-NQS NOTARY(1-800-876-6827) Item 1189017