HomeMy WebLinkAbout5.940 Original Contract
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2009-1235822 -- - - --I
Page 1 of 8 Agreement
Port Angeles City Of
, Clallam County Washington 04/23/2009 10:18:54 AM
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RETURN ADDRESS:
City of Port Angeles
P.O. Box 1150
Port Angeles, WA 98362
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DOCUMENT TITLE:
AGREEMENT FOR REIMBURSEMENT
MUNICIPAL SEWER SYSTEM EXTENSION
REFERENCE NUMBERS OF RELATED DOCUMENTS: 2007-1209120
Sewer Service Development Agreement
(Clallam County, City of Port Angeles, and Wal-Mart Stores, Inc.)
OWNER:
Wal-Mart Stores/Inc.
CITY:
City of Port Angeles
AGREEMENT FOR REIMBURSEMENT
MUNICIPAL SEWER SYSTEM EXTENSION
AGREEMENT, made this~ay of April, 2009 between Wal~Mart St.ores,
Inc., (hereinafter "Owner"), and the City of Port Angeles, (hereinafter "City").
In consideration .of the mutual covenants and agreements set forth herein the Parties
recite and. agree as follows:
RECITALS
1. The City owns and .operates a damestic sewer system.
2. Owner Will c.onstruct an approximately 106 faat extensi.on ta the City's seWer
system (the "Sewer Line Extensian") mare particularly depicted an Exhibits "B"
and "e" [maps] attached hereta and inc.orp.orated herein by this reference. The
Sewer Line Extensian shall be constructed using 4~inch diameter HDPE pipe, in
acc.ordance with plans an file with the County. The Sewer Line Extensi.on will
pr.ovide sewer service to the Owner's property, which is described.on Exhibit "N'
[pr.operty description], naw .owned by the Owner.
3. F.oll.owing c.ompleti.on .of c.onstructi.on .of the SeWer Line Extensi.on, Owner will
dedicate and transfer the Sewer Line Extensi.on t.o the City f.or use as part .of the
City's sewer system.
4. The Parties expect and anticipate that the City, fram time~t.o~time, will incur c.osts
and expenses f.or the maintenance, repair and replacement .of the Sewer Line
Extensi.on.
5. The Owner agrees t.o fully reimburse the City f.or all c.osts and expenses in the
future incurred by the City for the repair, maintenance, and replacement .of the
Sewer Line Extension.
AGREEMENTS
1. All.of the recitals set f.orth ab.ove are adopted by the Parties as material elements of
this Agreement.
2. Up.on c.ompleti.on .of c.onstructi.on of the Sewer Line Extension by Owner, Owner shall
c.onvey the Sewer Line Extensi.on t.o the City by bill of sale. F.oll.owing such
conveyance, the City shall operate, repair, maintain and rec.onstruct the Sewer Line
Extensi.on t.o the same extent and in accordance with same procedures and p.olicies
that apply t.o .other sewer lines .owned by the City.
3. In c.onsiderati.on.ofthe .operation and maintenance of the Sewer Line.Extension bY-the
City, the Owner agrees to fully reimburse t.o the City all actual costs and expenses the
City incurs for and arising from the operation, repair, maintenance, and reconstruction
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of the Sewer Line Extension, and if the Sewer Line Extension ceases to be used to
provide sanitary Sewer service to the Owner's property, for the costs and expenses the
City incurs in removing andlor abandoning in place of said sewer service line.
4. The Owner shall pay to the City the sums due to the City pursuant to this Agreement
within thirty (30) days of the date of the City's invoice to the Owner for the same.
Payment shall be made at the address Owner provides herein under "Notices" or as
may be later changed in writing by City.
S. Nothing in the Agreement shall be construed to limit, affect, or ill:lpair in any manner
the right of the City to regulate the use of its sewer system, pursuant to the provi$ions
of any ordinance, resolution, or policy now or hereafter in effect. The City's
imposition of any such requirements shall not be deemed an impairment of this
Agreement.
6. Owner shall supply the City with a maintenance guarantee bond, or equivalent,
acceptable to the City, in. the amount of $5,000 as surety for the payments due under
this Agreement. The amount of the available surety shall be replenished and
maintained at $5,000 throughout the life of this Agreement. If a bond is provided, it
shall be executed by a surety company authorized to do business within the State of
Washington and shall be subject to the approval of the City,
7. This Agreement shaU become operative upon its being recorded with the ClaUam
County Auditor, and shall remain in full force and effect for so long as the Sewer
Line Extension is used to provide sanitary sewer service to the Owner's property.
This Agreement shall automatically tenninate upon cessation of use of the Sewer
Line Extension to provide sanitary sewer service to the Owner's property, and Owner
reimbursement to the City for the costs and expenses the City incurs in. removing
andlor abandoning in place of said sewer service line.
8. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing signed by duly authorized representatives of the
City and Owner. ,
9. Notices: Payments required hereunder shall be mailed to the City at the address set
forth below. All other notices required or permitted by this Agreement shall be in
writing and Shall be deemed given when either (i) personally delivered, or (ii) three
(3) days after deposit in the United States registered or certified mail, postage prepaid
and return re.ceipt requested, or (Hi) one (1) day after deposit with a nationally
recognized overnight delivery service such as Federal Express, directed to the
following addresses set forth below.
City of Port Angeles Owner, Wal-Mart Stores, Inc.
P.O. Box 1150 2001 SE 10th Street
321 East Slh St Bentonville, AR 72716-0550
Port Angeles, W A 98362 Attn: Adele Lucas; Assoc. General Counsel
10. All of the provisions of this Agreement shall be binding upon the successors and
assigns of the Parties. Upon sale or transfer ofllie Owner's property, Owner shall be
relieved of any obligations hereunder, but the Owner's successor in interest shall be
bound by the terms of this Agreement.
2
11. This Agreement shall be construed in accordance with the laws of the State of
Washington, and jurisdiction of any resulting dispute shall be in Clallam County
Superior Court, Port Angeles, Washington.
12. No term or provision shall be deemed waived and no breach excused unless such
waiver. or consent shall be in writing and signed by the party claimed to have waived
or consented.
13. This writing, including its exhibits and all documents referenced herein, constitutes
the entire agreement between the City and the Owner, and supersedes all proposals,
oral or written, between the Parties on this subject.
14. This Agreement maybe executed in two or more counterparts, each of which shall be
deemed .an original and all of which together shall constitute the same agreement,
whether or not all parties execute each counterpart. Signatures transmitted by
facsimile or electronic mail shall have tnesame effect as original ink signatures.
15. This Agreement is made. and entered into for the sole protection and benefit of the
parties hereto and their SUCCeSsors and assigns. No other person shall have any right
of action based upon any provision of this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year
below indicated.
CITY OF PORT ANGELES
R, Wal-Mart Stores, Inc.
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John E. Clarke
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Title: -PliLe:c..ro~ ,'Ywau
Date: U ~'fL \ - 'Z.~ '1
Date:
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Attest:
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Becky J. 0, ity CI k
APl'ylved as to form: <<
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William E. Bloor, City Attorney
O;\Logal)lad<up\AGREEMENTS&CON'l'RACTS\2009 Agrmts&ContraClSIWalntat\.Sewcr Reimbursemenl Agml. OJ 1209.doc
3
EXHIBIT A
WAL -MART LEGAL DESCRIPTION
(BASED UPON LAND TITLE COMPANY OF CLALLAM COUNTY SUBDIVISION GUARANrEE NO. CL-34780)
THA T PORTION OF THE EAST HALF OF SECTION 7 AND THAT PORTION OF THE WEST HALF OF SECTION
8, ALL IN TOWNSHIP 30 NORTH, RANGE 5 WEST, W.M., CLALLAM COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
BEG1NNING AT THE WEST QUARTER CORNER OF SAID SECTION 8;
THENCE NORTH 01'03'42" EAST ALONG THE WEST LINE OF SAlDSECTION 8, A DISTANCE OF 247.29
FEET TO A POINT ON TIlE SOUTHERLY RIGHT OF WAY LINE OF HIGHWAY 101, SAID POINT BEING ON A
NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 666.26 FEET AND A RADIAL LINE
TIlROUGH SAID POINT BEARS NORTH 06'41'15" EAST;
THENCE EASTERLY AND SOUTHtRL Y ALONG SAID RIGHT OF WAY LINE THE FOLLOWING COURSES AND
DlST ANCES; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14'26'46", A
DISTANCE OF 167.99 FEET; THENCE LEAVING SAID CURVE SOUTH 21'08'01" WEST, A DISTANCE OF
20.00 FEET TO A POINT ON A NON-TANGENT CURVE CONCA VE SOUTHWESTERLY HAVING A RADIUS
OF 646.26 FEET AND A RADIAL LINE THROUGH SAID POINT BEARS NORTH 21'08'01" EAST;
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24'01'00", A DISTANCE
OF 270.89 FEET; THENCE LEAVING SAID CURVE SOUTH 45'09'01" WEST, A DISTANCE OF 30.00 FEET
TO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 616.26
FEET A RADIAL LINE THROUGH SAID POINT BEARS NORTH 45'09'01" EAST;
THENCE SOUTHEAST~RL Y ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08'45'29", A DISTANCE
OF 94.20 FEET;
THENCE LEAVING SAID CURVE SOUTH 16'49'01" EAST, A DISTANCE OF 161.38 FEET; THENCE SOUTH
02'41'05" EAST, A DISTANCE OF 163.35 FEET;
THENCE SOUTH 21'09'41" WEST, A DISTANCE OF 158.63 FEET;
THENCE SOUTH 37'53'31" WEST, A DISTANCE OF 303.63 FEET;
THENCE SOUTH 25'03'42" WEST. A DISTANCE OF 186.98 FEET;
THENCE SOUTH 14'44'02" WEST, A DISTANCE OF 91.17 FEET TO THE NORTHERLY EXTENSION OF THE
EAST LINE OF LOr 20 OF BLOCK 2 OF THE SUBDIVISION OF BLOCKS 12, 13 AND 20 OF RAILWAY
ADDITION RECORDED IN VOLUME 3 OF PLATS, PAGE 40, RECORDS OF SAID CLALLAM COUNTY;
THENCE NORTH 02'06'50" EAST ALONG SAID NORTHERLY EXTENSION A DISTANCE OF 14.86 FEET TO
THE CENTERLINE OF HANNAH STREET;
THENCE NORTH 87'58'12" WEST ALONG SAID CENTERLINE A DISTANCE OF 22.90 FEET TO THE
NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 20;
THENCE SOUTH 02'05'02" WEST, A DISTANCE OF 153.92 FEET TO THE SOUTHWEST CORNER OF SAID
LOT 20;
THENCE SOUTH 88'00'06" EAST. A DISTANCE OF 22.82 FEET TO THE SOUTHEAST CORNER OF SAID
LOT 20; THENCE NORTH 02'06'50" EAST ALONG THE EAST LINE OF SAID LOT 20, A DISTANCE OF
47.87 FEET TO THE WESTERLY RIGHT OF WAY LINE OF HIGHWAY 101;
THENCE SOUTH 26'53'16" EAST ALONG SAID WESTERLY RIGHT OF WAY LINE. A DISTANCE OF 47.07
FEET TO THE WEST LINE OF LOT 18 OF SAID BLOCK 2;
THENCE SOUTH 02'08'38" WEST, A DISTANCE OF 6.66 FEET TO THE SOUTHWEST CORNER OF SAID Lor
18;
THENCE SOUTH 88'00'06" EAST ALONG THE SOUTH LINE OF SAID LOT 18, A DISTANCE OF 3.69 FEET
TO SAID WESTERLY RIGHT OF WAY LINE;
THENCE SOUTH 26'53'16" EAST ALONG SAID WESTERLY RIGHT OF WAY LINE A DiSTANCE OF 561.02
FEET TO THE NORTH LINE OF BLOCK 21 OF RAILWAY ADDITION RECORDED IN VOLUME 2 OF PLATS,
PAGE 9, RECORDS OF SAID CLALLAM COUNTY;
THENCE NORTH 88'05'51" WEST ALONG SAID NORTH LINE, A DISTANCE OF 463.87 FEET TO THE WEST
EXHIBIT A CONT.
LINE OF SAID SECTION 8;
THENCE No.RTH 0.1'56'0.3" EAST, A DISTANCE OF 983.99 FEET TO THE So.UTHWEST CORNER o.F THE
NORTHWEST QUARTER o.F THE No.RTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTlo.N
8;
THENCE NORTH 87'32'17" WEST, A DISTANCE OF 624.61 FEET TO. THE So.UTHEAST CORNER OF LOT 1
o.F THE SECOND AMENDMENT o.F THE M.P.C. SHORT PLAT AS RECORDED IN VOLUME 27 OF SHORT
PLATS, PAGE 39, RECORDS OF SAID CLALLAM COUNTY;
THENCE No.RTH 0.0.'18'26" WEST ALONG THE EASTERLY LINE o.F SAID LOT 1, A DISTANCE OF 68.15
FEET;
THENCE CONTINUING AlONG SAID EASTERLY LINE NORTH 34'04'26" WEST, A DISTANCE OF 67.87 FEET
TO A CURVE CONCAVE EASTERLY, HAVING A RADIUS o.F 205.00 FEET;
THENCE CONTINUING NORTHERLY ALONG SAID EASTERLY LINE AND SAID CURVE THROUGH A CENTRAL
ANGLE OF 36'0.1'0.3", A DISTANCE OF 128.87 FEET;
THENCE Co.NTINUING ALo.NG SAID EASTERLY LINE NORTH 0.1'56'37" EAST, A DISTANCE OF 22.24 FEET
TO A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 295.0.0 FEET;
THENCE Co.NTINUING NORTHERLY ALONG SAID EASTERLY LINE AND SAID CURVE THROUGH A CENTRAL
ANGLE OF 19'14'45", A DISTANCE OF 99.0.9 fEET TO THE NORTHEAST Co.RNER OF SAID LOT 1;
THENCE No.RTH 87'32'48" WEST, A DISTANCE OF 126.02 FEET TO THE NORTHWEST CORNER OF SAID
LOT 1;
THENCE NORTH 01'56'36" EAST ALONG THE WEST LINE OF SAID SHORT PLAT, A DISTANCE OF 104.13
FEET;
THENCE CONTINUING ALONG SAID WEST LINE NORTH 51'56'16" EAST, A DISTANCE OF 1.70 FEET;
THENCE CONTINUING ALONG SAID WEST LINE NORTH 32'03'44" WEST, A DISTANCE OF 2.53 FEET;
THENCE CONllNUING ALo.NG SAID WEST LINE NORTH 01'56'36" EAST. A DISTANCE OF 57.27 FEET TO
THE NORTHWEST CORNER OF LOT 3 OF SAID SHORT PLAT;
THENCE NORTH 57'56'16" EAST, A DISTANCE OF 180.94 FEEl TO THE NORTHEAST CORNER OF SAID
LOT 3;
THENCE SOUTH 01'56'36" WEST. A DISTANCE OF 222.90 FEET TO THE NORTHWEST CORNER OF LOT 4
Of SAID SHORT PLAT;
THENCE SOUTH 87'32'17" EAST, A DISTANCE OF 168.89 FEET TO THE NORTHEAST CORNER o.F SAID
LOT 4;
THENCE NORTH 01'56'36" EAST, A DISTANCE OF 338.36 FEET TO. THE No.RTHEAST CORNER OF LOT 2
OF THE AMENDED M.P.C. SHORT PLAT AS RECORDED IN VOLUME 24 OF SHORT PLATS. PAGE 48,
RECORDS OF SAID ClAlLAM COUNTY AND THE SOUTHERLY RIGHT OF WAY LINE OF HIGHWAY 101;
THENCE NORTH 57'56'16" EAST ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 79.50 FEET TO THE
NORTHWEST CORNER OF THE PARCEL OF LAND SHOWN ON THE UNITED OLYMPIC REALTY SURVEY
RECORDED IN VOLUME 17 OF SURVEYS, PAGE 59, RECORDS OF SAID ClALlAM COUNTY;
THENCE SOUTH 01'56'03" WEST, A DISTANCE OF 229.55 FEET TO THE SOUTHWEST CORNER OF SAID
PARCEL;
THENCE SOUTH 87'32'50" EAST, A DISTANCE OF 133.99 FEET TO THE SOUTHEAST CORNER Of SAID
PARCEL;
THENCE NORTH 01'56'03" EAST, A DISTANCE OF 97.40 FEET TO THE NORTHWEST CORNER OF THE
EAST 330.00 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SAID SECTION 7;
THENCE SOUTH 87'16'33" EAST, A DISTANCE OF 329.99 FEET TO THE POINT OF BEGINNJNG.
CONTAINING 1,058,870.40 SQUARE FEET - 24.30.83 ACRES. MORE OR LESS.
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LOCATION OF SANITARY
SEWER TO BE INCLUDED
IN MAINTENANCE
AGREEMENT
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WAL -MART
STORE #2196
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WAL -MART STORE *2196
PORT ANGELES, WA
OVERALL SITE MAP
EXHIBIT B
SCALE: l' = 200'
.
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~ - H/QIj}XAY 101
POINT OF CONNECTION ~ __
- EXISTING STUB --
PROPOSED
PUMP STATION
WAL-MART STORE *2196
PORT ANGELES,WA
SANITARY SEWER MAINTENACE AGREEMENT
SCALE: l' .. 50'
-
------
~....
END OF SANITARY
SEWER FORCE MAIN
SECTION IN
REIMBURSEMENT
AGREEMENT.
106 LF OF 4" HDPE
FORCE MAIN WITHIN
THE PUBLIC
RIGHT-OF-WAY
BEGINNING OF
SANITARY SEWER
FORCE MAIN SECTION
.IN REIMBURSEMENT
AGREEMENT.
EXISTING STORMWA TER POND
EXHIBIT C
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PAYMENT BOND
Bond to the City of Port Angeles
Bond # 08938928 TR #7459
"
KNOW ALL MEN BY THESE PRESENTS:
That we, the undersigned, Wal-Mart Stores, Inc. dba Store #2196, as Principal, and Fidelilty and Deposit
Company of Maryland, a corporation, organized and existing under the laws of the State of Washington, as a
surety corporation, and qualified under the laws ofthe State of Washington to become surety upon obligations to
municipal corporations as surety, are jointly and severally held and firmly bound to the City of Port Angeles in
the penal sum of $5,000.00 (Five thousand and no/100) for the payment of which sum on demand we bind
ourselves and our successors, heirs, administrators or personal representatives, as the case may be.
This obligation is entered into pursuantto the statutes of the State of Washington and the ordinances of the City
of Port Angeles.
Dated at
, Washington, this 23rd
day of
Decem ber
,2008.
The conditions of the above obligation are such that:
WHEREAS, the City of Port Angeles has entered or is about to enter into a contract with the said Wal-Mart
Stores, Inc. dba Store #2196, the above bounded Principal, the said contract being titled "Agreement for
Reimbursement of Municipal Sewer System Extension," and providing for payment to the City for
reimbursement to the City for maintenance of sanitary force main (which contract is incorporated herein by this
reference), and
WHEREAS, the said Principal has accepted, or is about to accept, the said contract, and undertake to perform
the obligations therein provided for in the manner and within the time set forth; now, therefore,
If the said Principal, Wal-Mart Stores, Inc. dba Store #2196, shall faithfully perform all of the provisions of said
contract in the manner and within the time therein set forth, or within such extensions of time as may be granted
under said contract, and shall indemnify and hold the City of Port Angeles harmless from any damage or
expense by reason of failure of performance as specified in said contract, then and in that event, this obligation
shall be void; but otherwise, it shall be and remain in full force and effect.
Signed this 23rd
day of December
,2008.
Fidelity and Deposit Company of Maryland
Surety
By ?a.w1?,~
JoAnn R. Frank, Attorney-in-Fact
Title
Wal-Mart Stores, Inc. dba Store #2196
Pdn~~,'
By: ~~
V 'f'1 CC;>.1'7~~oCr' z.jr1""~c.'
Title
1400 American Lane, Schaumburg, lL 60196
Surety Address
Marsh USA Inc., 701 Market Street, St. Louis, MO 63101
Agent Address
Jo Hollingsworth (3 I 7) 816-4881
Surety Contact and Phone Number
JoAnn R. Frank (314) 621-5540
Agent Contact and Phone Number
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ACKNOWLEDGMENT BY SURETY
STATE
OF Missouri
} ss.
City of St. Louis
On this
23rd
day of
December
2008 , before me personally
appeared
JoAnn R. Frank
, known to me to be the Attorney-in-Fact of
Fidelity and Deposit Company of Maryland
, the corporation
Ulat executed Ule wiUlin instrument, and acknowledged to me Ulat such corporation executed Ule same.
IN WITNESS WHEREOF, I have herewlto set my hand and af1ixed my oflicial seal, at my oflice in Ule aforesaid
County, Ule day and year in ulis certificate first above written.
My CommissiollHt*~I'1\:sNfm~e~r"2~p9
WOTARY PUBUC - NOTARY SEAi.t~~
STATE Of MISSOURI, ST. LOUIS mv
(Seal) MY COMMISSION EXPIRES la-OS-09
CDMMISSJON #05514582
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eldl A. N oUlelsen
Notary Public in Ule State of Missouri
City of St. Louis
S-0230fGEEF 2/98
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Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY,
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Law id Company, which are
set forth on the reverse side hereof and are hereby certified to be in full force and eff t 'Ot tGi reoI', does hereby
nominate, constitute and appoint Pamela A. BEELMAN, Cynthia L. ~i . 0 EN, JoAnn R.
FRANK, Karen L. ROIDER, Debra C. SCHNEIDER and ~.(~,\iIIJ, 0 uri, EACH its true
and lawful agent and Attorney-in-Fact, to make, exe 0 " ~ 'ver~ as surety, and as its act and
deed: any and all bonds and undertak' n tlOn f~ e ndertakings in pursuance of these
presents, shall be as bin~ing u Ie y'Wa I intents and purposes, as if they had been duly
executed and ackno~ @ t~r la I the Company at its office in Baltimore, Md., in their own
proper persons. Thi\'p' 0 a 'issued on behalf of Pamela A BEELMAN, Cynthia L. HANAK, Heidi
A NOTHEISEN, D~W ' JoAnn R. FRANK, Karen L. ROIDER, dated October 23, 2006.
The said Assistant 9cfr~ does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By-Laws of said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 12th day of
December, AD. 2007.
ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By:
Gregory E. Murray Assistant Secretary
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Theodore G. MQ/1inez
State of Maryland } 55'
City of Baltimore .
On this 12th day of December, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. MU~RA '1', Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known labe the tndividuals
and officers described in and who executed the preceding instrument, and they each acknowledged the ~xdcutio1}_ of the, saThe,
and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company'
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said
Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority
and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
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Maria D. Adamski Notary Public
My Commission Expires: July 8, 2011
POA-F 079-0626
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EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, AssistantSecretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this
23rd
day of
Decembe.r
2008
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PAYMENT BOND
Bond to the,City of Port Angeles Bond 4 09141166
KNOW ALL MEN BY THESE PRESENTS:
That wc,the undersigned, Westpori_J.I. : as Principal,and Fidelity and Deposit Company
of Maryland it corporation,organized and existing tinder the laws of the State of
Washington,as a surety corporation,and qualified under the laws of the State of Washington to become surety
upon obligations to municipal corporations as surety,are jointly and sovoraaly held and firmly bound to the City
of Port Angeles in the penal sum of S 5.000.00 (Five thousand and ao/100)
for the payment of which sum on demand we bind ourselves and our suc=sors,heirs,administrators or
personal representatives,as the case may be.
This obligation is entered into pursuant to the statutes of the State of Washington and the ordinances of the City
of Port Angeles.
Dated at Washington,this 17111dayof J111Y 20 15
The conditions of the above obligation are such that:
WHEREAS,the City of Port Angeles has entered or is about to enter into a contract with the said
Westport, LLC the
above bounded Principal,the said contract being numbertdCX__,and providing for payment to the City
for pa}-mcnt of and use of the city sewer services (which contruet is referred
to herein and is made a part hereof as though attached hereto),and
WHEREAS,the said Principal has accepted,or is about to accept,the said contract,and undertake to perform
the obligations therein provided for in the manner and within the time set forth;now,therefore,
If the said Principal, Westport, LLC . _ shall faithfully perform all of
the provisions of said contract in the manner and within the time therein sat forth,or within such extensions of
time as may be granted under said contract,and shall indemnify and hold the City of Port Angeles harmless
from any damage or expense by reason of failure of performanca as specified in said contract,then and in that
event,this obligation shall be void;but otherwise,it shall be and remain in full force and effect.
Signed thls 17th day of July 2p 15
Fidelit}^and Deposit Company of Maryland Westport, LLC
Surety/ oipal
r B'�
Kathleen L. Ber.�i.AUot7tey-in Faet Vf tyFlW t �1shn (Yl a0AGC '
Title Ti a
Arthur J. 311ag,her Risk Management Services, Inc.
1400 American Lane, Schamburc,iL 60196 111 Veterans Blvd., Suite 1 130, Metairie, LA 70005
Surety Address Agent Address
Kathleen L. Berri 504-888-1100 Kathleen L. Berm 504-888-1100
Surety Contact and Phono Number Agent Contact and Phone Number
�,:� .�sc�u'sY�xrtRCOtm.ACrx+�,e woszsrevxratr�am.rzrr�e�
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- 4
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New
York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the"Companies"), by
THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said
Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby
nominate,constitute,and appoint George V. BAUS,JR.,Kathleen L. BERNI,James J. LYNCH, Ili, Edward J.MURPHY, III and
Greg R.WESTON,all of Metairie,Louisiana, EACH its true and lawful agent and Attomey-in-Fact,to make,execute,seal and deliver,
for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or
undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply, to all intents and purposes,as if
they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at
its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND
at its office in Owings Mills, Maryland.,in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V.Section 8,of
the By-Laws of said Companies,and is now in force.
IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 9th day of June,A.D.2015.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
$SAL Z
aw i
+z s '
Secretary Vice President
Eric D.Barnes Thomas O.McClellan
State of Maryland
County of Baltimore
On this 9th day of June,A.D.2015,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,THOMAS O.
MCCLELLAN,Vice President,and ERIC D.BARNES,Secretary,of the Companies,to me personally known to be the individuals and officers described
in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly swom,deposeth and saith,that he/she is the
said officer of the Company aforesaid,and that the seals affixed to the preceding immanent are the Corporate Seals of said Companies,and that the said
Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written.
LV
it 11 Woo,
Maria D.Adamski,Notary Public
My Commission Expires:July 8,2019
POA-F 0564499A
I
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies,
recognizances,stipulations,undertakings, or other like instruments on behalf of the Company,and may authorize any officer or any such
attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of
the By-Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice:President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of AttomLy...Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vicc-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a
certified copy of any power of attorney issueed by the Company,shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this1ltbday of July 2Ql5_.
0 oapj�
o; SEAL
rrw t ua tae m
1
Michael Bond,Vice President
W A S H ORT NGELES
i N G T O N, U. S. A.
Public Works & Utilities Department
September 17, 2015
Fidelity and Deposit Company of Maryland
Attn: Jo Hollingsworth
1400 American Lane, Tower 1, 18t" Floor
Schaumburg, IL 60196
SUBJECT: RELEASE OF PAYMENT BOND NO. 08938928 TR#7459
Dear Jo,
Fidelity and Deposit Company holds the above noted Payment Bond for Wal-
Mart Stores, Inc. dba Store #2196. This bond was issued unto the City of Port
Angeles, as Obligee, for the sum of$5,000.00. The Bond is being released due
to the sale of the property and Wal-Mart is no longer the owner.
Fidelity and Deposit Company and Wal-Mart Stores Inc. are hereby released
from the obligations of said bond.
Sincerely,
j
C. Puntenne ,
City Engineer
Attch: Permit Bond # 08938928 TR#7459
cc: File
Wal-mart Stores, Inc.
City Clerk
N:\PWKS\ENGINEER\Wastewater Correspondence\Walmart Supercenter Gravity Sewer Extension 2009\Payment Bond Release Store
Number 2196.docx
Phone: 360-417-4800/Fax: 360-417-4542
Website: www.cityofpa.us/Email: publicworks @cityofpa.us
321 East Fifth Street- P.O. Box 1150/Port Angeles, WA 98362-0217
......, . w. ... ............ . .. __. ......... ..... — - --
` PAYMENT BOND
Bond to the City of Port Angeles Bond# 08938928 TR#7459
KNOW ALL MEN BY THESE PRESENTS:
That we,the undersigned,Wal-Mart Stores Inc. dba Store#2196,as Principal,and Fidelilly and Deposit
Company of Maryland a corporation,organized and existing under the laws of the State of Washington,as a
'surety corporation,and qualified under the laws of the State of Washington to become surety upon obligations to
municipal corporations as surety,are jointly and severally held and firmly bound to the City of Port Angeles in
the penal sum of $5,000.00(Five thousand and no/100)for the payment of which sum on demand we bind
ourselves and our successors,heirs,administrators or personal representatives,as the case may be.
This obligation is entered into pursuant to the statutes of the State of Washington and the ordinances of the City
of Port Angeles.
Dated at Washington,this 23rd day of December ,2008.
The conditions of the above obligation are such that:
'WHEREAS,the City of Port Angeles has entered or is about to enter into a contract with the said Wal-Mart
Stores, Inc.dba Store#2196 the above bounded Principal,the said contract being titled"Agreement for
Reimbursement of Municipal Sewer System Extension,"and providing for payment to the City for
reimbursement to the City for maintenance of sanitary force main(which contract is incorporated herein by this
reference), and
WHEREAS,the said Principal has accepted,or is about to accept,the said contract, and undertake to-perform
the obligations therein provided for in the manner and within the time set forth; now,therefore,
If the said Principal, Wal-Mart Stores Inc. dba Store#2196,shall faithfully perform all of the provisions of said
contract in the manner and within the time therein set forth,or within such extensions of time as may be granted
under said contract,and shall indemnify and hold the City of Port Angeles harmless from any damage or
expense by reason of failure of performance as specified in said contract,then and in that event,this obligation
shall be void; but otherwise, it shall be and remain in full force and effect.
Signed this 23rd day of December ,2008.
Fidelity and Deposit Company of Ma land Wal-Mart Stores Inc.dba Store#2196 -
Surety Principal _
By: 4J, B Y: �...
_
JoAnn R.Frank,Attorney-in-Fact V,Ca ,c-, �3�1{�fCCq
Title Title
1400 American Lane Schaumburg IL 60196 Marsh USA Inc. 701 Market Street St Louis MO 63101
Surety Address Agent Address
Jo Hollingsworth (317)816-4881 JOAnn R.Frank (314)621-5540 _
Surety Contact and Phone Number Agent Contact and Phone Number
GALegal Ber!%P'C'C GREEkfF.NCS&CONTRACTSIPUB WORKSTAYMENTBOND.Wal-Man.031209.dm
ti1,•.
I
V
ACKNOWLEDGMENT BY SURETY
STATE
OF Missouri
City of St. Louis ss.
On dhis 23rd day of December 2008 ,before me personally
appeared JoAnn R. Frank
} P , known to me to be die Attorney-iii-Fact of
Fidelity and Deposit Company of Maryland
die corporation
that executed the within instrument,and acknowledged to me drat such corporation executed die same.
IN WITNESS WHEREOF, I have hereunto set my haihd and affixed my official seal, at my office in die aforesaid
Cowhty,die day aihd year in this certificate first above written.
My CommissionKxDirksriN t 2009.
NOTARY PUBLIC-NOTARY SEAL � Oeidi A. Nodheisen
STATE OF MISSOURI,ST.LOUIS CITY Notary Public in die State of Missouri
(Seal) MY COMMISSION EXPIRES 10-" City of St. Louis
COMMISSION#05514582
S-0230/GEEF 2/98
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a
corporation of the State of Maryland,by THEODORE G.MARTINEZ,Vice President,and GREGORY E.MURRAY,
Assistant Secretary,in pursuance of authority granted by Article Vl,Section 2,of the By-Law id Company,which are
set forth on the reverse side hereof and are hereby certified to be in full force and eff t �t a roof,does hereby
nominate,constitute and appoint Pamela A.BEELMAN,Cynthia L. PintentEsand i O EN,JoAnn R.
FRANK,Karen L.ROIDER,Debra C.SCHNEIDER and uri, EACH its true
and lawful agent and Attorney-in-Fact,to make,exe o e as surety,and as its act and
deed: any and all bonds and undertak' n do f dertakings in pursuance of these
presents,shall be as binding u ►� ,as y, a purposes,as if they had been duly
executed and ackno th r la t the Company at its office in Baltimore,Md.,in their own
proper persons. Thi o a issued on behalf of Pamela A.BEELMAN,Cynthia L.HANAK, Heidi
A.NOTHEISEN,De Jo . L. dated 3
Ann R FRANK Karen L ROIDER, a ed October 2.,2006.
The said Assistant S ry does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2,of the By-Laws of said Company,and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 12th day of
December,A.D.2007.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
'ep DfPOfri
rw'w e
o Ing i
r
By:
Gregory E.Murray Assistant Secretary Theodore G.Martinez
State of Maryland l ss:
City of Baltimore f
On this 12th day of December, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY-, Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known Faroe th6 individuals
and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the,sarhe,
and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company-
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said
Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority
and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
`,kIS11grp1�
wail; 1+.:.!:,:<t�G.�
Maria D.Adamski Notary Public
My Commission Expires: July 8,2011
POA-F 079-0626 ,,`
i'
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2.The Chairman of the Board,or the President,or any Executive Vice-President,or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business- of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
1,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 23rd day of December 2008
Assistant Secretary