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HomeMy WebLinkAbout001020 Original Contract 2016-1333669 Page 1 of 12 Notice Rodney & Tina Lipman Clallam County Washington 04/25/2016 08:48:45 RN ®III W!F.W VVIC M Return Address: City of Port Angeles "�) /k —�- �� Record #001020 Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) Document Title(s)(or transactions contained therein):(all areas applicable to your document must be filled in) 1• �./`� -� iii' --- 2. 3. 4. Reference Number(s) of Documents assigned or released: Additional reference#'s on page of document Grantor(s) Exactly as name(s)appear on document f 2. Additional names on page of document. Gra ee(s) Exactly as name(s)appear on document 2. Additional names on page of document. Legal description(abbreviated: i.e. lot,block,plat or section,township,range) Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number ❑Assessor Tax#not yet assigned The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. "I am signing below and paying an additional$50 recording fee(as provided in RCW 36.18.010 and referred to as an emergency nonstandard document),because this document does not meet margin and formatting requirements.Furthermore,I hereby understand that the recording process may cover up or otherwise obscure some part of the text of the original document as a result of this request." Signature of Requesting Party Note to submitter:Do not sign above nor pay additional$50 fee if the document meets margin/formatting requirements 90 T41V, EXHIBIT A �•� `�N Preliminary Final X aAw NOTICE OF DEVELOPER REIMBURSEMENT AGREEMENT AND CHARGE RKSDRA# 2015-01 NOTICE IS HEREBY GIVEN pursuant to the Developer Reimbursement Ordinance, Chapter 13.68 of the Port Angeles Municipal Code, a copy of which is attached hereto as Exhibit C. The City of Port Angeles, Washington, is levying a charge on property which is located within the Assessment Reimbursement Area identified in the attached Exhibit E and which is served by the water, sewer, storm sewer and/or street system improvements constructed and paid for by a private developer, the description and cost of which improvements are set forth in the attached Exhibit D. This charge is for the purpose of reimbursing the developer who constructed the improvements and shall be in force and effect for up to fifteen years from the date of recording the Developer Reimbursement Agreement with the Clallam County Auditor; provided that, if the developer is reimbursed for the cost of the improvements prior to the expiration of the fifteen-year period, then further developer reimbursement charges and payments shall not be made. The amount of the charge is based on the fair pro-rata share of the cost for each parcel served by the improvements and is calculated and set forth, together with the rate of interest and administration costs, in the attached Exhibit F. This charge shall be paid to the City prior to any development of property within the Assessment Reimbursement Area identified in Exhibit E, which development requires connection to, or use of, said improvements pursuant to City ordinances. Owners of property within said area shall have all rights and options set forth in the Developer Reimbursement Ordinance including the right to request a public hearing with regard to the area boundaries and assessments, before the City Council within twenty days of the mailing of the preliminary version of this notice. Upon final approval of the developer reimbursement agreement and charge and the assessment reimbursement area, the final version of this notice will be filed for record, together with the Developer Reimbursement Agreement attached hereto as Exhibit B, in accordance with the provisions of Chapters 35.72, 35.91 and 65.08 of the Revised Code of Washington. DATED this�day of ��M 2016. CITY EINEEF3 ATTEST: CITr CLERK Exhibit A- Notice of Developer Reimbursement Agreement and Charge Exhibit B - Developer Reimbursement Agreement Exhibit C - Developer Reimbursement Ordinance Exhibit D- Description and Cost of Improvements Exhibit E -Assessment Reimbursement Area Exhibit F - Developer Reimbursement Charge Exhibit A-Notice of DRA and Charge(February 2010) Page 1 of 1 i 90 T,4 EXHIBIT B HE'S DEVELOPER REIMBURSEMENT AGREEMENT KS DRA #2015-01 THIS AGREEMENT is entered into this_e&—dayof Pfpe( l 2016, by and between the CITY OF PORT ANGELES, a municipal corporation, hereinafter called the "CITY"and Rodney&Tina Lipman, husband and wife, their heirs, successors, and assigns, hereinafter called "OWNER". WHEREAS, OWNER has constructed at its own cost and expense certain municipal water, sewer, storm sewer, and/or street system improvements; and WHEREAS, the CITY has established an assessment reimbursement area within which owners of property are required to reimburse OWNER for the pro rata cost of said improvements whenever such property is developed in a manner that said improvements would be required pursuant to City ordinances; and WHEREAS, OWNER has offered and the CITY has accepted said improvements in accordance with the provisions of Chapter 13.68 PAMC and the terms of this Agreement; now, therefore, In consideration of the above representations and the following covenants and agreements, the parties hereby agree as follows: Section 1. This Agreement and the City's Developer Reimbursement Ordinance, Chapter 13.68 PAMC, a copy of which is attached hereto as Exhibit C, shall establish the rights and duties of the parties with regard to reimbursing the OWNER for those improvements, the cost and description of which is set forth in the attached Exhibit D. Section 2. This Agreement shall be in effect for a period of fifteen years from the date of its recording with the Clallam County Auditor; provided that, if the developer is reimbursed for the cost of the improvements prior to the expiration of the fifteen-year period, then further developer reimbursement charges and payments shall not be made. Section 3. The charges that are subject to this Agreement shall be levied against the property within the assessment reimbursement area identified in the attached Exhibit E, in the amount calculated and set forth in the attached Exhibit F. Section 4. OWNER agrees that the CITY shall not be responsible for the collection of any developer reimbursement charges other than in the manner provided by the Developer Reimbursement Ordinance. Section 5. OWNER shall give notice to property owners who are subject to the developer reimbursement charge in accordance with the procedures of Chapter 13.68 PAMC using the Notice form attached hereto as Exhibit A. Section 6. The CITY shall within sixty(60) days of receipt transmit developer reimbursement payments, less the CITY administrative fee and cost of defective work, if any, to the OWNER. Section 7. OWNER represents and covenants that the necessary easements pertaining to these facilities have been submitted to and approved by the CITY and recorded concurrently with this Agreement and that such easements conform exactly to the as-built construction drawings. Upon the execution of this Agreement by both parties hereto, OWNER shall convey free and clear of all encumbrances to the CITY the aforementioned facilities with rights-of-way and/or easements, including maintenance easements, for all such facilities. Section 8. OWNER shall supply the CITY with a maintenance guarantee bond or equivalent acceptable to the CITY in the amount of ten (10) percent of the value of the improvements conveyed by the OWNER to the CITY to be in effect for a period of one year from the date of final acceptance of the improvements by the CITY. Said bond 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. Section 9. If prior to the expiration of one year after the date of acceptance of the improvements, any work is found to be defective, the OWNER shall promptly, without cost to the CITY, and in accordance with written instructions issued by the City Engineer, either correct such defective work, or, if it has been rejected by the City Engineer, remove and replace it with non-defective work. If the OWNER does not promptly comply with the terms of such instructions, the CITY may have the defective work corrected or the rejected work removed and replaced and may enforce its rights under the maintenance guarantee bond. All direct and indirect costs of such removal and replacement not reimbursed pursuant to said bond, including compensation for professional services, shall at the City's option either be paid by the OWNER to the City and/or withheld from the developer reimbursement charge transmittals to the OWNER. Section 10. This Agreement shall become effective upon satisfactory completion by the OWNER and acceptance by the CITY of the construction of the facilities conveyed by the OWNER to the CITY and upon execution of the Agreement by the parties and recording with the Clallarn County Auditor. The OWNER shall test all portions and elements of the facilities as specified by the CITY in order to demonstrate the satisfactory construction of the facilities. Exhibit B-Agreement(February 2010) Page 1 of 2 DEVELOPER REIMBURSEMENT AGREEMENT DRA #2015-01 Section 11. OWNER agrees that the CITY will not be liable under any contracts to which OWNER is a party pertaining to the construction of the facilities. OWNER agrees to hold harmless, defend and indemnify the CITY from any obligations pertaining to such contracts or construction. Section 12. OWNER warrants that it has furnished the City with accurate bills of sale for all facilities pertaining to this Agreement. Section 13. OWNER acknowledges and agrees that the referenced developer reimbursement charges calculated in Exhibit F are estimates. OWNER further acknowledges any agrees that there is no guarantee that said charges will be paid or accrued during the period of this Agreement IN WITNESS WHEREOF, the parties hereto have executed t ' r ent on the day and year first above written. CITY__ P RT ANGELES: O N 4 CITY ENGINEE ...__.._.� _._. r ATTEST: APP ROVED AS TO FO ITY aERK CITY ATTORNEY STATE OF WASHINGTON ) ) ss. County of Clallam ) Ois date, before me the undersigned Notary Public in and for the State of Washington, personally appeared c �7 (re c; � � to me known to be the individuals who executed the foregoing Developer Reimbur ement Agreement and acknowledged to me that they signed the same for the uses and contents therein mentioned. DATED this ( day of ' 2016. NOT RY PUBLIC fo Washington, residing at SI:wC;b tr" My commission expires: Exhibit A- Notice of Developer Reimbursement Agreement and Charge oma""""P��3 BRO�`'�.,�� Exhibit B - Developer Reimbursement AgreementgsIO,l,°.°'S� Exhibit C - Developer Reimbursement Ordinance = soNOT,q Exhibit D - Description and Cost of Improvements 9y , Exhibit E -Assessment Reimbursement Area Exhibit F- Calculation of Developer Reimbursement Charge :•Z,y SIIC g ••°��4 2019°°�C'1e°�� Exhibit B-Agreement(February 2010) Page 2 of 2 Exhibit C CHAPTER 13.68- DEVELOPER REIMBURSEMENT 13.68.010- Purpose. The purpose of this developer reimbursement ordinance is to define the rules and regulations for executing contracts between the City and developers for private construction of municipal water, sewer, storm sewer and street system improvements by providing means for partial cost recovery through a charge to later users of the systems who did not contribute to the capital costs thereof and for establishing assessment reimbursement areas defining which property is subject to such charges. (Ord. 2732, § 1, 12/25/1992) 13.68.020- Definitions. The following definitions shall apply to this ordinance: A. "Assessment reimbursement area" or "benefit area" means that area within the city or within ten miles of the City limits, which area includes parcels of real estate adjacent to, or likely to require connection to or service by, the water, sewer, storm sewer, and/or street system improvements constructed by a developer who has applied to the City for a developer reimbursement agreement pursuant to this ordinance. B. "Cost of construction" means those costs incurred for design, acquisition of right-of-way and/or easements, labor, materials and installation as required to create an improvement which complies with City standards. In the event of a disagreement between the City Engineer and the developer concerning the "cost of construction" in a particular situation, the determination of the Director of Public Works and Utilities shall be final. C. "Developer reimbursement agreement" means a written contract between the City, as approved and executed by the City Engineer, and one or more property owners providing for construction of water, sewer, storm sewer and/or street system facilities and for partial reimbursement to the party causing such improvements to be made of a portion of the costs of such improvements by owners of property benefitted by the improvements, as authorized and described in Chapters 35.72 and 35.91 RCW. D. "Developer reimbursement charge" or "assessment" means a fair pro rata charge to be paid by an owner of property within an area benefitted by the private construction of municipal water, sewer, storm sewer and/or street system improvements pursuant to this ordinance. E. "Street system improvements or facilities" means the acquisition of right-of-way and/or easements, design, inspection, grading, paving, installation of curbs, gutters, sidewalks, street lighting, traffic control devices and other similar improvements in accordance with City standards. F. "Water, sewer, and storm sewer system improvements or facilities" means the acquisition of right-of- way and/or easements, design, inspection and installation of improvements to City standards and includes the following: 1. "Water system improvements" includes such things as reservoirs, wells, mains and appurtenances such as valves, fire hydrants, telemetry stations, pumping stations, and pressure reducing stations; 2. "Sewer system improvements" includes such things as treatment plants, mains and manholes, pump stations, force mains, and telemetry stations; 3. "Storm sewer system improvements" includes such things as mains, retention/detention facilities, pumping stations, inlets, catch basins, and manholes. Page 1 f (Ord. 2732 § 2, 12/25/1992) 13.68.030-Application for developer reimbursement agreement. A. Any property owner, who uses private funds to construct water, sewer, storm sewer and/or street system improvements where the cost of construction is greater than $6,000.00, said limit to be adjusted annually in accordance with the ENR (Engineering News-Record) Construction Cost Index, in the City or within the City's utility service area, to connect to existing City water, sewer, storm sewer or street systems for the purpose of serving the area in which the real property of such owner is located, may apply to the City to establish a developer reimbursement agreement in order to recover a pro rata share of the costs from subsequent users of the system(s). B. The application must be on a form prescribed by the City Engineer and must be accompanied by a nonrefundable application fee as set forth in Chapter 3.70 PAMC. C. The City Engineer may require the applicant to submit a certified statement by a State of Washington licensed professional engineer containing an itemization of the total projected cost of the system improvements and a copy of the design drawings and specifications. D. The City Engineer is authorized to establish policies and procedures for processing applications and determining eligibility of a system for a developer reimbursement agreement consistent with the requirements of this ordinance. E. Applicants for developer reimbursement agreements must be in compliance with all City ordinances, rules and regulations in order to be eligible for processing of such agreements. F. A developer reimbursement agreement application shall not be accepted for the improvement of a developer's abutting right-of-way and transitions as required pursuant to City ordinance. An exception may be allowed when vertical grade and alignment changes are required by the City Engineer to promote traffic safety and the City Engineer recommends a developer reimbursement agreement. G. The proposed improvements must be consistent with the comprehensive utility and/or transportation plans of the City. H. The City must have the capability and capacity to service the water, sewer, storm sewer and/or street facilities. I. The applicant must agree to an annexation covenant for the property to be serviced by the proposed improvements, if such are located outside the City limits and any such improvements must be located no further than ten miles outside the City. J. The application must comply with the requirements of this ordinance and all other applicable City ordinances. (Ord. 3270, 1/26/2007; Ord. 2932 § 41, 10/11/1996; Ord. 2732 § 3, 12/25/1992) 13.68.040-Assessment reimbursement area and charge. A. The City Engineer shall formulate an assessment reimbursement area (benefit area) based on the following: 1. For water, sewer and storm sewer systems. The assessment reimbursement area shall be based upon a determination of which parcels did not contribute to the original cost of the utility system improvement(s) and are located so that they may subsequently be served by or use such improvement(s), including through laterals or branches connecting thereto. I 2. For street systems. The assessment reimbursement area shall be based upon a determination of which parcels adjacent to the improvements would require similar street improvements upon development. Page 2 i B. The City Engineer will determine the assessment or charges for parcels within the assessment reimbursement area by calculating the fair pro rata share of the cost of construction for each property which might tap, connect or be served by the system(s), determined on an acre, front footage, equivalent water meter, or other equitable basis. C. A notice containing the assessment reimbursement area boundaries, the preliminary assessments or charges, and a description of the property owner's rights and options under this ordinance, including the right to request a public hearing before the City Council with regard to the area boundaries and assessments, will be forwarded by registered mail to the property owners of record as shown on the records of the Clallam County Assessor within the proposed assessment reimbursement area. D. If any property owner requests a hearing in writing within 20 days of the mailing of the notice, a hearing shall be held before the City Council. Notice of such hearing shall be given to all affected property owners. E. All notice requirements set forth in this ordinance shall be the sole responsibility of the applicant and shall be satisfied by a notarized affidavit that the applicant has mailed the notices pursuant to the requirements set forth herein. F. After reviewing the public hearing testimony and the preliminary determination of the City Engineer, the City Council may approve, modify or reject the assessment reimbursement area and/or charges. The City Council's determination shall be final. (Ord. 2732 § 4, 12/25/1992) 13.68.050- Implementation of developer reimbursement agreement. A. The application for developer reimbursement agreement and the non-refundable application fee shall be submitted to the City Engineer prior to acceptance by the City of the improvements. The application shall be in compliance with the requirements of this ordinance and all other applicable City ordinances. B. After the construction has been completed and accepted by the City in accordance with the terms of the developer reimbursement agreement, the final cost of the improvements shall be reviewed against the preliminary assessments established by the City Engineer and the agreement and charges shall be modified accordingly. C. The developer reimbursement agreement and a notice of the agreement and charge shall be recorded in the Clallam County Auditor's office within 30 days of the final execution of the agreement. It shall be the sole responsibility of the applicant to record the agreement and notice. D. The applicant shall mail a copy of the agreement and notice to each owner of record of all properties subject to the developer reimbursement charge. The applicant shall provide a notarized affidavit that the applicant has mailed the agreement and notice. E. Once the agreement and notice are recorded and mailed, the developer reimbursement agreement and charge shall be binding on all owners of record within the assessment reimbursement area. (Ord. 2947, 1/31/1997; Ord. 2732 § 5, 12/25/1992) 13.68.060- Rights and non-liability of City. The City reserves the right to refuse to enter into any developer reimbursement agreement or to reject any application thereof. All applicants for developer reimbursement agreements shall be deemed to release and waive any claims for any liability of the City in the establishment and enforcement of such agreements. The City shall be not responsible for locating any beneficiary or survivor entitled to benefits under developer reimbursement agreements. Any collected funds not claimed by a developer prior to the expiration of a developer reimbursement agreement shall inure to the benefit of the appropriate utility and/or fund approved by the City Council. Page 3 I (Ord. 2732 § 6, 12/25/1992) 13.68.070-Term of developer reimbursement agreements. No developer reimbursement agreement shall extend for a period longer than 15 years from the date of final acceptance by the City. If the developer is reimbursed for the cost of the improvements prior to the expiration of the agreement, then further developer reimbursement charges and payments shall not be made. (Ord. 2756 § 3, 4/16/1993; Ord. 2732 § 7, 12/25/1992) 13.68.080-Ownership of systems. A. Upon approval of a developer reimbursement agreement and the completion and acceptance of construction, the system(s) shall become the property of the City. The City may charge and receive fees for utility system use according to the city's established rates. B. A copy of the engineering "as built" plans, specifications and drawings, including all necessary right-of-way and easement documents shall be provided to the City prior to acceptance of the water, sewer, storm sewer and/or street facilities. C. No connection to or other use of the facilities will be allowed or permitted until the City has officially accepted the construction. (Ord. 2732 § 8, 12/25/1992) 13.68.090- Defective work. The applicant shall be responsible for all work found to be defective within one year after the date of acceptance of the improvements by the City. The applicant shall provide the City with a "maintenance guarantee bond" or equivalent acceptable to the City in the amount of ten percent of the value of the water, sewer, storm sewer and/or street system(s) to be in effect for a period of one year from the date of final approval and acceptance of the system(s). If the applicant does not correct the work within a reasonable period after notice of the defect, the City shall be reimbursed for costs of correcting such defective work either by the applicant or by the bond proceeds. (Ord. 2732 § 9, 12/25/1992) 13.68.100-Connection/use prepayment requirement. A. Except as otherwise provided in subsection 10.B., connection to or use of the system(s) shall be prohibited and development permission shall not be granted unless the city has received payment, or acceptable assurance of payment, of the developer reimbursement charge, including interest and administration costs. B. The City will exercise its best efforts to assure compliance with this section; provided, however, that in no event shall the City incur liability for an unauthorized connection to or use of the facilities. (Ord. 2732 § 10, 12/25/1992) 13.68.110- Removal of unauthorized connections or taps. Whenever any tap or connection is made into any water, sewer and/or storm sewer system(s) without payment being made as required by this ordinance, the City Engineer may cause to be removed such unauthorized tap or connection and all connecting pipe located in the City right-of-way without any liability to the City or City officials. Page 4 i (Ord. 2732 § 11, 12/25/1992) 13.68.120- Interest on developer reimbursement charge. A. The beneficiary of a developer reimbursement agreement will receive interest in accordance with the terms of this section. B. If the charge is paid within 30 days from the date of execution of the agreement, no interest is payable. Otherwise, interest is payable from the date of execution of the agreement to the date of payment of the developer reimbursement charge. C. The rate of interest will be fixed at the Federal Reserve rate for a ten-year Treasury Note on the date the developer reimbursement agreement is recorded. D. Interest is calculated on the basis of a 365-day year and is not compounded. E. Total interest payable may not exceed the principal amount of the developer reimbursement charge. (Ord. 3425, 04/15/2011; Ord. 2732 § 12, 12/25/1992) 13.68.130-Administration costs. The City shall add five percent, but not less than $20.00 nor more than $500.00, to each developer reimbursement charge as reimbursement for the City's administration costs. (Ord. 2732 § 12, 12/25/1992) 13.68.140- Payments of developer reimbursement charge. A. Each payment of the developer reimbursement charge shall be made to the City in one lump sum including interest and administrative costs. The City will pay over the amounts due to the beneficiary within 60 days of receipt. B. When the developer reimbursement fee for a particular lot or parcel has been paid, at the request of the owner/payor the City Engineer will approve a certification of payment which may be recorded by said owner. C. Throughout the term of the agreement the beneficiary shall in writing certify annually in January the name(s)and address(es)of the beneficiary. The City is not responsible for locating any person who may be entitled to benefits under any agreement. Failure to receive the annual certification required under this subsection will give the city cause to refuse to make payment under the agreement, and money received may become the sole and exclusive property of the City. (Ord. 2732 § 14, 12/25/1992) N:APWKS\ENGINEER\DRA\DRA 2015-01\Exhibit C-CHAPTER 13.68 DEVELOPER REIMBURSEMENT.docx Page 5 SOF PO T.4 EXHIBIT D DEVELOPER REIMBURSEMENT AGREEMENT D RA#2015-01 .�� Sanitary Sewer CORKS ANOJ� DESCRIPTION AND COST OF IMPROVEMENTS DESCRIPTION OF IMPROVEMENTS The improvements covered by this developer reimbursement agreement include the construction of an 8 inch sanitary sewer main and appurtenant facilities to serve the area as outlined on Exhibit E. COST OF IMPROVEMENTS Documentation supporting the final engineering, inspection and cost of improvements has been provided by the developer. These costs have been reviewed and approved by the City Engineer. A summary of final costs follows: Sanitary sewer main includes 2 manhole and 400 LF of 8 pipe: $119,000.00 The final costs for the developer reimbursement agreement are based on actual engineering, construction, and inspection costs. Exhibit D - Description of Cost(February 2010) Page 1 of 1 NVAdll A:INGMA 11 I= � IALN VM 'S313E)NV 1210d LL SV:R1-1DISVOIA213S NIA3AHns� NOIiOBNNOO SS 210-1 1191HX�Vffl E)NIH33NION3 IIN 2: Lo 'D00 - - w'D 'D 'D 'D "o .. . . . . . . . ti -1 - - m m m ") m m m m m m m m m o w w w w LO � .0 W 10 W In e 'd tD e tp Ln 14 V) VF tq Vq VT VT li A': < o opp ppo Z) w 06 N w c> N e m 00 00 00 00 00 00 OD 00 00 00 00 03 00 00 Ln tn m m m m to u) Ln Ln Ln m CD C) In 0 0 .0 Y 'D al m tD lD m �r ID r, Il Cflr� r- u 0 C) 0 C) 0 0 0C, 'A m 'A 'A 0- Ln m m m m m m m In m m m m m U) to r, m E M U r4 MI-ITY 00 M10,71TIU Ittl � Iii t� t ii� � t#\ \#� LTI ui 4L /) C/C ) rY --T LL Lli E I Vol LU ry "UR JI LOO N'T IM Exhibit F OF pORTgNC O`�� DEVELOPER REIMBURSEMENT AGREEMENT, DRA#2015-01 Sanitary Sewer RKS ANOJ DEVELOPER REIMBURSEMENT CHARGE ENGINEERING $18,000.00 CONSTRUCTION $90,000.00 PERMITS, INSPECTION, AND TESTING $11,000.00 TOTALS $119,000.00 The developer reimbursement fee for DRA 2015-01 will be based on equivalent water meters in the benefited area. Distributing the costs equally between the above results in a developer reimbursement fee of$6,263.16 per equivalent water meter. At the time of payment, interest (1.85% per year)** and administration costs (fee collected + 5%) in accordance with the ordinance will be added at the time of payment. All parcels in the latecomer area will be assessed accordingly upon request for service. Any parcels outside the original latecomer area which connect to the gravity sewer system will be assessed using the above fees per parcel. **Federal Reserve interest rate for a ten-year Treasury Note on April 20, 2016. NAPWKS\ENGINEER\DRA\DRA 2015-01 Lipman\Final Docs\Exhibit F-Reimbursement Charge.doc(February 2010) Page 1 of 1 Bond No. 106333307 KNOWALL MEN BYTHESE PRESENTS: ThatRodney&Tina Li an DBA Lioman's Automotive as Principal, and Travelers Casualtv & Suretv Companv of America, a corporation organized and existing under and by virtue of the laws of the State of Washington and authorized to do the business of surety in the State of Washington under the laws thereof, as Surety, are held and firmly bound unto the CITY OF PORT ANGELES in the full and just sum of Eleven Thousand Nine Hundred Dollars, lawful money of the United States of America, for the payment of which sum, well and truly to be made, we hereby bind ourselves, our and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION lS SUCH, thatVr/HEREAS, the above- named principal(s) is/are about to file a plat named GODDYNS ADD, located in Section 07, Township 30 North, Range Ql West of W.M.[or, if applicable: Block(s) 2lLOf 20 of lhe Townsite of Port Angelesl, Clallam County, Washington, and in the judgment of the Director of Public Works and Utilities are required to file a bond in the sum above-named, conditioned that the Principal(s) will warrant the performance and guarantee workmanship and materials used in the construction of streets, alleys, storm drainage systems, sewer lines, manholes, and side sewers, and water mains, valves, hydrants, and appurtenances, by making repairs, correcting deficiencies, and performing emergency maintenance on such public facilities for a period of not less than twelve (12) months from the date of connection to public system. Principal(s) further agree(s) to promptly reimburse the City of Port Angeles for all emergency repairs and/or maintenance necessary, to preserve and maintain public safety and welfare. All necessary repairs shall be performed by the Principal(s) on receipt of seven (7) days'wriften notice from the Director of Public Works and Utilities directing the performance of such work. At the end of the twelve (12) month period of maintenance by the Principal(s), the Director of Public Works will, upon request by the Principal(s), inspect subject public facilities and, if in condition satisfactory to the said Director of Public Works and Utilities, then this obligation shall be void; otherwise to remain in full force and effect. lN WITNESS WHEREOF, the Seal and signature of said ct pal(s) is/are hereto affixed and Travelers Casualty & Surety Rod D Princi By: Surety maintenanc€ bond (February 2010) By n-Fact) Page 1 of 1 PUBLIC FACILITIES MAINTENANCE BOND attested to by its duly authorized Aftomey-in-Fact and Companv of America, this 5 day of April, 2016. Travelers Casualtv & Surety Companv of America WARNING:THIS POWER OF ATTORNEY lS INVALID WTHOUT THE REO BORDEB .-. TRAYELERSJ POWER OF ATTORNE\' Farmington Casualty Company Fidelity and Guerent! Insurame Comprtry Fidelity and Cuarant!' lnsurance Utrdenf,riters. Inc St. Paul Fire and \tarine Insurance Compar! St. Paul Guardicn Insurance Compsry St, Paul Mercury Insurzroce Company Ilarelers Casualty alld Surdy Codpsnt Tiavelers Casualo alrd SurEtv Cofipan) ofAmerica Udted States Fidelit-v a[d Guaralh Compan! Attomey-tn Fact No Certificate No,0 06662479 230507 KNOW AIL MEN BY THrSE PRESENTS: That Farminglon Casualty Company. St. Paul Fire and Madne Insurance Company, St. Paul Guardiar Insura&€ Company. St. paul Mercury Insurance Company, Travelers Casualty and Surety Company. TraveleB Casualty and Surcry Company of America. and United States Fidelity and Guaranry Company are cotpotzltions duly oEa zed uDder the laws of the Slale of Connecticul. that Fideliry and Guaranty Insurance ComPany is a corporarion duly organized urder the taus of the Stale of lowa. and that Fidelity and Guaranly Insurance Underwrite$. lnc.. is a corPoradon duly organized ulder the laws of rhe State of Wisconlin (hereid collectively called $e "Companies"). and that the Companies do hercby make. constitute and apPoint Daniel J. Fryer, Cathy L. wahlsten, Paul M. Reed and Brenda DeChant of rhe City of State of Weshington . their true and lawful Aromey(s)-in-Fact, each in their separate capaciry if more than one is named above, to sigo, execute, seal and acknowledge any and all tlonds, recognizances. conditional undenakings and other wrilings obligatory in the narure rhereof on behalf of the Companies in their business of guaranleeing the fidelity of persons. 8laranteeing the performance of contlacts and executhg or glarantering bonds and undenal(ings required or permitEd in any actions or pmceedings allowed by law. day of Februarv 2016 Farminglon Cosuslty Compatry Fidelity and Gurranty lnsurance Compatry Fidelity and Gueranty InsuraDce Underwriteru, Inc. st. Paul Firr ard Ma ne Insurance Company St, Paul Guardian lnsurance Compa[y 51. Psul Mercur!' ImuraEce Company Travelers Casuall-v alld Suiety Compeny Tfavelers Casualty alld Surcty Company of America United States Fideliq and Guaranty Company State of Connecticut Cily of Hardord ss. B)' On rhis lbe l9th du)of Februar!'. 2016 . before me p€r:ionall, appeared Roben L. Raney. who acknowledSed himself to be lhe Senior Vice Presidenr ofFarmington Casualty Company. Fidelity and Guaftnty Insurance Company. Fidelity and Guaranty Insuranc€ Underwrilers. Inc.. St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insuraoce Compary, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casuahy and Surery Company ofAmerica. and United States Fidelity and Guaranty Company. and thar he. as such, being authorized so !o do. executed the foregoing instrumenl for lhe purpos€s therein contained by signing on behalf of the corpomdons by himself as a duly authorized officer. h Witmss Whenof,I hereudto set my hand and official s€al My Commission expires the 3{hh day of June, 2016. sti./" C ]t'ldie C. T.ftauh. \okr) Public 195,EAL 58440-8-12 Printed in U.S.A RNEY I IN D E D BORDER lN MTNESS WHEREOF. the Companies have caus€d rhis instnLrrnent to be sigoed and tlEir corporate seals ro be hereto affixed. rhis l9lh @@@ @ Roben L- Ran y. WARNING:THIS POWER OF ATTORNEY lS INVALID WTHOUTTHE REO BORDEFI This Power of Attomey is granted under and by th€ aulhority of the following rcsolurions adopted by the Boards of Direcrors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company. Fidelily and Guaraoty Insu.ance Underwriters, Inc., St. Paul Fire and Marine lnsurance Company. St. Paul Guardian Insurance Conpany, St. Paul Mercury Insurance Company, Truvelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Cuaranty Company. which resohtions are now in lill force and effect, r€ading as follows: RESOLVED, lhat lhe Chairman, the President, ally vice Chairman, any Executive vice President. any Senior vice Presidenr. any Vice President. any Second vice Pr€sideff, the Treasurcr, any Assislant Treasurcr,lhe Corporate Secr€tary or any Assistant Secrctary may appoint Attomeys-in-Fact and Agenrs to acl for and on behalf of $e Company and may give such appointe€ such authority as his or her cenificate of authority may prescribe to sign with the Compsny's oame and seal with the ComPany's seal bonds, recognizances, contracts of indemnity, atrd oth€r writings obligatory in the nalur€ of a bond, recognizance, or condirional undenaking, and any of said officeN or the Board of Directors at any time rnay rcmove any such appointee and revoke the power given him or her: and it is FU&IHER RESOLVED, lhal the Chairman, lhe President, any Vice ChairmaD, any Execulive Vice President. any Scnior Vice Presidenl or any Vice President may delegate all or 3ny pan of the forcgoing authority lo one or morc officers or €mploye€s of this Company, provided thal each such delegation is in writing ard a copy lher€of is filed in fie ofiice of the Secretary; and it is F-t RTHER RESOLVED. thal any boDd, recognizanc€, cotrtr?ct of indemnity, or writing obligalory in the nature of a bond, rccognizance. or conditional und€(fing shall be valid and bindiog upon the Company l{hen (a) siged by the PresideDt, a[y Vice Chairman. any Executive Vice Pr€sidenl. any S€nior Vice Prcsid€nt or any Vice h€sidenl, any Second Vice PrcsideDt, tbe Treasurer, any AssistaDt Trcasurer, the Corporate SecrEtary or any Assistad Secr€lary ard duly atrested and sealed wilh the ComPany's seal by a Seoerary or Assislant Secrctary; or (b) duly execuEd (u fr seal, if required) by one or morc Attomeys-in-Facl and Agents pursuant to the power Prcsctibed in his or her cenificale or their certificates of aulbority or by one or nrorE Company officers pursuant to a wri(en delegalion o{ aurhoriry: and it is FURTHER RESIOLVED, thai (he sitDaturc of eeh of the following ofrcers: Pr€sidenl. any Executive vice Prcsidenr, any Senior vice Prcsident. any vice Presidenr, any Assistanl Vice hesident. any SecIelary. any Assistant Secretary, and the seal of rhe Compa[y may be affixed by facsimile to any Power of Attomey or to ary cenificate r€lating tlErcro appoinliDg Resident \4ce Presidents, Resided Assistanl SecrEtaries or Attomeys-in-Facr for purposes only of executing and attesting bonds and undenakings and olhcr writitrgs obligatory in the natue thereof, and any such Power of Atlomey or cenificare bearing such facsimile signatur€ or facsimile seal shall be l'alid and bindinB upon the Company and arly such power so executed and certified by such facsimile signaturc and facsimile seal shall be valid and binding on the Company in the future with respect to ary bond or understatrding to which il is atrached. I, Kevin E. Hughes. $e undeNigned. Assislant Secretary, of Faminglon Casualty Company. Fideliry and Guaranty Insurance Company. Fidelity and Guaranty Insurance Unden rite6. Inc.. St. Paul Firc and Maine Insurance Company, St. Paul Guardian lnsurance Company. St. Paul Mercury Insurance Company. Travelers Casualry and Surely Company. Travelers Casualty and Surety Company ofAmerica, and United States Fidelity and Guaranty Company do hereby cenify rhat the above and forcgoing is a true and conecl copy of the Power ofAnomey executed by said Companies, which is in full fo&-e arld effect and has not b€en revoked. lN TESTIMONY WHEREOF.I have hereunto set my hand and a6xed the seals of said Companies this 5 day of 1015. { Kevin E. Hughes. Assistant Sec WARNING:THIS POWER OF ATTORNEY lS INVALID WTHOUT THE REO BORDER Itt ,951 E AL @@@@ To vetify the audr€nticily of lhis Power of Attom€y, cal l-80u21-388t] or conlact us at www.Eavelersbond.com. Please rcfer to lhe Attorney-In-Fact number, the above-narDed individuals and the details of the bond to which the power is attached. WABNING:THIS POWER OF ATTORNEY lS INVALID WTHOUTTHE REO BORDER ,-, TRAYELERSJ POIVER OF ATTORNEY Farmington Crsudty Compan!' Fidelity end GuaraDty Insurarice Company Fidelity and Guararty InsuraDce Underririters, IDc. St. Paul Fire and Marine lnsurance Company S1. Paul Guardian lnsurance Company St- Paul Mercur) Insurance Compaly Tiavelers Casualty and Surety Company Travcl€rs Casralty ar Surety Compery of ADerica Uoit€d States Fidelit! ard Gu.ranty Compary Atlorn€v-ln Fact No.Certificate Iio.006662499 23050't KNOW ALL MEN BY THESE PRESENTS: That Farminelon Casualty Company. St. Paul Fire and Marin€ Insurance Company. St. Paul Guardian Insuranc€ Company. St. Paul Mercury lnsurance Company, Tmvelers Casualty and Surely Company. Travelers Casualty and Surety Company of America. and United Slales Fidelily and Guaranty Company are corpomtions duly organized under lhe laws of the Slate of Connecticut. that Fidelity and Guamnty lnsurance Compaly is a corporation duly organized under ahe Iaws of the State of lowa. and !ha! Fidelity and Guaranty Insuralce Underwrilers, lnc., is a corporation duly organized under the laws of the SEre of Wisconsin (herein collectively catled the "Companies"). and that $e Companies do hereby malc. constitute and appoinl Daniel ,. Fryer, Carhy L. Wahlsten, Paul M. Reed, and Brenda Dechant ol rhe crl\ or' Pnrt Angeles Srare of Washin rheir true and lawful Aromey(s)-in-Fao. each in their separate capaciry if more than one is named above. to sign. execure. seal and acknowledge any and all bonds. recognizances. conditional undenakings atrd other writings obligalory in the narure rhereof on behalf of the Companies in rheir buriness of guara[teeing the fidelity of persons. Suaranteeing the performance of contmcts and execuling or guaranteeing bonds and undenakings requircd or permitled in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be siSned and thef corporate seals to b€ hereto affixed.lhis l9rh day of FebruaD . 2016 Farminglon Casualty Comp&y Fidelity aDd Guaranty Insorant! Company Fidelitf end Gllaranty Insurrnce Uoderr{ritcrs. lnc St. Peul Fire atrd MariDe lDsuratrce ComprnJ_ St. Paul GuardiaD Imurance Compaly St. Paul Mercury l[surance Company Tiavelers Casualty and Sur€tv Company Travelers Casualty snd Surety Company of America United States Fidelity and Guaranlr.. Compary State of Connecticut Cily of Hanford ss. B! on this rhe !9th duv of Februarr, -2Q]]L , before me personally appeared Robe( L. Raney. who acknowledged hirns€lf to be the Senior Vice President of FarmingtoE Casualt_v Company. Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underuriters. Inc.. St. Paul Fire and Marine Insurance Company, St- Paul Guadian Insurance Company. Sl. Paul Mercury Insurance Company. Tmvelers Casuahy and Surcty Company. Tmvelers Casualty alld Surely Company of America, and United States Fidelity and Gudanty Company, and thal he, as such, being authorized so to do. executed the foregoing inslrumenl for the purpos€s Lherein contained by sigling on behalf of the corpomtions by hims€lf as a duly authorized ofrcer. ID witncss Whereof,I hercunlo set my hand and official s€al My Commission expircs rhe 30rh day ofJutre.2016, c Meie C. Tetreault. NotaD Public rtdqlfio 195'SEAL 58440-8'12 Printed in U.S.A THE RED DER ffi@@ @ WARNING:THIS POWER OF ATTORNEY lS INVALID WTHOUTTHE RED BOROER This Power of Anomey is grarred under and by the authority of the following rcsolutions adopted by the Boards of Dircctors of Fannin8ron Casualty Coirpany. Fidelity and Gtlaraoty Insurance Company. Fidelity aM Guaranty Insurarce Ud€rwriteB, IDc., St. Paul Fire and Marine lnsurance Company, St. Paul Guardian hsurarce Compary, St. Paul Mercury lnsuance Company, Travelers Crsually and Surety Company. Travelers Casualry and Surety Company of America. and United Stares Fidelity and Guaranty Company. which resolutions arE no\, in full force and effecr. reading as follows: RESOLVED, lhat the Chairman. lhe President, atry vice Chairmall, any Execurive vice President. any SeDior vice Presidenr. any \tcc Presidenl. any Second vice Presidenl, lhe TrEasurcr. any Assislant TreasurEt dr€ Corpomte Secretary or any Assistant Secretary may appint Anomeys-in-Fad and Agen6 to act for and on behalf of th€ Company and may give such appoint€e such authori(y as his or her cenificate of authority may prescrib€ ro sign with lhe Company's name and seal with the Company's seal bonds, recognizances, contracts of indem ty, atrd other writinSs obligatory in the nature of a bond, rccogtrizarce, or condilional undertaking. and any of said officers or thc Board of Drcctors at any time may rcmove any such appointee and rEvoke the power given him or her: and it is FT RTIIER RtrJOLVED, thal the Chairman, the Presidenl, any Vice Chaiman, any Executive Vice Prcsident, any Senior Vice President or any Vice President may delegat€ all or any pan of the foregoing authority lo one or more olficers or employees of this Company, provided that each such delegarion is in wriring and a copy therEof is filed in the office of the Secrelary; and it is FURTIIEI' RESOLVED. that any bond, recoglizanc€. conrract of indemnily. or urriting obtigatory in the nature of a bond, recognizance. or conditional undenaking shall bc valid and binding upon the Company when (a) sigrcd by lhe hesidenr. any vice C'hairman. aDy Executive \4ce President. any Senior Vice President or any vice Presidert, any Second vice President.lhe Trcasurer, my Assislanl Treasurc( the Corporale Secretary or any Assistant Secretary and duly attested and sealed wilh the Company's s€al by a SecrElary or Assistant Secrelary; or (b) duly executed (under seal, if requircd) by one or morc Attomeys-i[-Fact and Agenrs pursuant to lhe powcr Pr€scribed in his or her cenilicale or their certificates of aufiority or by one or more Company oflicers pursuatrl to a lrTirten delegatio[ of aurhorityl and ir is FT RTHER RESOLI'ED. thal the siSDaturc of each of the followiog officer: President. any E\ecutive \4ce Presidenr. any Senior Vice hesident, any \4ce Presidenr, any Assista[t Vice Pr6ident, ary S€..e!ary, ary Assistant Secretary, and rhe s€al of the Company ma] be a6x€d by facsimile !o any Power of Attom€y or to any and undenakings and orher writi[gs obligatory in the nalure lhereof, alld any such Power of Anomey or ccrtificate bearing such facsimile signature or facsimile s€al shall be valid and binding upon lhe Company and any such power so executed and cenified by such facsimile signaturc aod facsimile seal shall be valid and binding on the Company in dre futurc with respect ro aDy bond or understandilg to which it is anached. I, Kevin E. Hughes. the und€Isi8ned. Assistant Secrelary, of FarminSon Casuahy Company, Fidelity and Guaranty Insurance Company, Fideliry and Guaranty Insurance UnderwriteB. tnc.. Sl. Paul FiIe and Marine Insurance Company. St. Paul Guardian lnsurance Company. St. Paul Mercury lDsurance Company. Travelcrs Casualty and Surcty Company, Travelem Casualty and SurEty Company offunerica, and United Stat€s Fidelity and cuaranty Compa[y do hereby cenify thar lhe above and forcgoing is a true and corect copy of the Power ofAttomey executed by said Companics. which is in full fo€e eDd effect a has not been revoked. lN TESTMONY WHEREOF.I have hereutrto ser my hand and afhxed lhe seals ofsaid Companies this 27 day of Ma r.h l0 t7 Z* {/44 " "."- ".laug*ar*a""a, *alEtar) WARNING:THIS POU/ER OF ATTOBNEY lS lNvALlD WITHOUTTHE RED BOnDER Ir6qr1& 1951 EAL @@@@ Ib verify the authenticity of this Power of Attotney, call l-800-421-38E0 or conlact us at r*wrv.Eavelers_bondcom. Please rcfer to the Anomey-In-Fact number, the above-naeed individuals and the details of the bond to which the power is attached. D EGEIVEN r,Pa : r*'JUl"*,ro and surery compruy orAmerica Clt'dtur^.t*n *ktsd(*.6DdErlrEfte siE,D;*- License No. RIDER To be attached to and form part of Bond No. t06333307 Issued on behalfof RoDNEy& TINA LtpMAN d/D/e - LIPMAN'S auroMorlvE CITY OF PORT ANGELES as Principal, and in favor of as Obligee. It is a$eed that: I t. the Surety hereby gives its consent to change the Name: from to: I 2. The Surety hereby gives its consent to change the Address: from: zEl0 E Hwv l0l PoRT ANGELES, WA 9t362 to: Fo Bor l6lt, Port Angelc\ wA 9t362 [ :. ttre Surety hereby gives its consent to change the from: to: This rider shall become effective as of March 27. 2017 PROVIDED, however, that the liability ofthe Surety under the attached bond as changed by this rider shall not be cumulative. Signed, sealed and dated March 27 20t7 of ? By: or By' F Accepted CITY OF PORT ANCELES Obligee By ,-. TRAVELERSJ s-41 l r (E/66) PORTAINGELES 001020 WASHINGTON, U. S. A. '1frr Public Warks & Utilities Department r May 4, 2017 M M Fryer& Sons Insurance Inc. 603 E f=ront Street Port Angeles,WA 98362 Re: Travelers Casualty& SuretY Company of America RELEASE OF PUBLIC FACILITIES MAINTENANCE BOND NO. 1063333,07 Rodney&Tina Lipman DBA Lipman's Automotive Dear Sir; Please consider this authorization to release the above mentioned bond for Rodney &Tina Lipman, the band amount of$11900.00. All construction of the sanitary sewer improvements have been constructed per the approved plan and accepted by the City of Port Angeles as complete. If you have any questions please call Roger Vessr Assistant Civil Engineer, at 360 417-4812, or email at rvess@cityofpa.us Sincerely„ Craig Fu , PE Director Public Works and Utilities for the City of Port Angeles CC; Rodney &Tina Lipman Attached; Copy of Bond#106333307 N:\PNdKStENGINEER\C7RA\DRA 2015-01 C.iipttoaralLdpmsan Payment Brand Release.dou Phone: 360-417-4800/Fax: 360-417-4542 Website: www.cityofpa.us/ Email: publicworks@cityofpa.us 321 East Fifth Street x P.C . Box 1150/ Port Angeles, WA 98362-0217 c~ "j"W4,y�Oc Bond No. 106333307 PUBLIC FACILITIES MAINTENANCE BOND C (DPY KNOW ALL MEN BY THESE PRESENTS: That Rodney & Tina Lipman DBA Li man's Automotive„ as Principal, and Travelers Casualty & Sure Company of America„ a corporation organized and existing under and by virtue of the laws of the State of Washington and authorized to do the business of surety in the State of Washington under the laws thereof, as Surety, are held and firmly bound unto the CITY OF PORT ANGELES in the full and just sum of Eleven Thousand Mine Hundred Dollars, lawful money of the United States of America, for the payment of which sum, well and truly to be made, we hereby bind ourselves, our and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that WHEREAS, the above- named principal(s) is/are about to file a plat named GODDYNS ADD, located in Section 07, Township 30 North, Range 06 West of W.M.[or, if applicable: Block(s) /LOT 20 of the Townsite of Port Angeles], Clallam County, Washington, and in the judgment of the Director of Public Works and Utilities are required to file a bond in the sum above-named, conditioned that the Principal(s) will warrant the performance and guarantee workmanship and materials used in the construction of streets, alleys, storm drainage systems, sewer lines, manholes, and side sewers, and water mains, valves, hydrants„ and appurtenances„ by making repairs, correcting deficiencies„ and performing emergency maintenance on such public facilities for a period of not less than twelve (12) months from the date of connection to public system. Principal(s) further agree(s) to promptly reimburse the City of Port Angeles for all emergency repairs and/or maintenance necessary, to preserve and maintain public safety and welfare. All necessary repairs shall be performed by the Principal(s) on receipt of seven (7) days' written notice from the Director of Public Works and Utilities directing the performance of such work. At the end of the twelve (12) month period of maintenance by the Principal(s), the Director of Public Works will, upon request by the Principal(s), inspect subject public facilities and, if in condition satisfactory to the said Director of Public Works and Utilities, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, the Seal and signature of said P cipal(s) is/are hereto affixed and attested to by its duly authorized Attorney-in-Fact and g Travelers Casualty & Surety Company of America, this day of Ajaril, 2016. Rodne n Tin tnarl DBA Li man's Automotive Principe .._ By. Travelers Casual & Sure Company of America Surety By. Cat }f ht! tomey-fin-Fact) maintenance bonddbc(February 2010) Page 1 of 1 WARNING:THIS POWER OF ATTORNEY IS MVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSFarmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company, St,Paul Guardian Insurance Company Attorney-In Fact Nov 230507 Certificate No. 006662479 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company,St, Paul Fire, and Marine Insurance Company, St. Paul Guardian Insurance Company,St, Paul Mercury insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,arid Urnted States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty, Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwrites,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Daniel J.Fryer,Cathy L. Wahlsten,Paul M.Reed,and Brenda DeChant oftheCityof— PnrtAncrp�q State their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to,sign,execute,seal and acknowled.ge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing b.)nds and undertakdrigs required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seats to be hereto affixed,this 19th day,of EebrIL Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company t982 cs a 1977 19 1 I",SI HARTFORD, Z CON S E A L,,�"" State of Connecticut By: City of Hartford ss, Robert L,Raney,,,enior Vice President On this the j9tb.__......day of Eebmay 6 acknowledged himself to before me personally appeared Robert L.Raney,who ac'n wledged be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St,Paul Guardian Insurance Company,St,Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by hnnscIf as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal- * \-Marie C.Teneault,Notary Public My Commission expires the 34th day of June,2016. 58440-8-12 Printed in U.S.A. WARNINOF ATTORNEY IS INV AI Q WrTHOUT THE RED BORDER ...... ......... WARNING:THIS POWER OF ATTORNEY IS INVAUD MTHOUT THE RED BORDER This Power ofAttorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc,,St. Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Comparay,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the,Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasmer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for said on behalf of the Company and may gime such appointee such authority as his or her certificate of authority may,prescribe to sign with the Company's rumie and seal with the Company's seal tion&,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or die Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOUVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Se nor Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their ocrtificates of authority or by one or more Company officers pursuarn to a written delegation of authority„ and it is FURTHER RES01,VED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any,Assistant Vice President,any Secretary,any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to an), orrfificakv relating thereto appointing Resident Vice Presidents,Resident Assistant Secrctarics or Attorneys-in-Fast for purposes only of executhig and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsirnite signature and Facsimile seal shall,he valid and binding on the Company in the future with respect to any bond or understanding to which it is attached, 1,Kevin E.Hughes,the undersigned,Assistant.Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwrittrs,Inc,,St.Paul Fire and Marine Insurance Company,St.Paid Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company ofAmerica,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Corripanies,which,is in full force mid effect and has not been revoked. LN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seats of said Companies this day of Aprj,j..... 20 lCe in E, ssistain Seinl9tery HARMORD, a Ott SEA GONK SZJLL i&o t 4i .1 Ly tie wwhenti,lv of this Power Of Attorney,call or contact us at vew%,,Lravelersbvnd.ctn.-.Please refer, to the Artomey-In-Fact number,the above-named individuals and the details or die bond to which the power is attached, WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER