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HomeMy WebLinkAbout5.940 Original Contract .5. q<!o 2009-1235822 -- - - --I Page 1 of 8 Agreement Port Angeles City Of , Clallam County Washington 04/23/2009 10:18:54 AM ."1 ~III~. ~~l~ ,M~ 'IIN. r~', r",r.III'~r",'IIIl'/\l'll~ ~1I111111 RETURN ADDRESS: City of Port Angeles P.O. Box 1150 Port Angeles, WA 98362 -- -" 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 -;:#;1 / q to - 0 4> 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. ~ .......~~~ John E. Clarke ~F-~. ~ :::1 C!~" A. CvT' Title: -PliLe:c..ro~ ,'Ywau Date: U ~'fL \ - 'Z.~ '1 Date: ~; (i' v'--tSIJ1J L\ ) \L\ )cf'\ Attest: -Ao ~ ~ .ldf!o^ Becky J. 0, ity CI k APl'ylved as to form: << VdL-: ~- b~~L~ 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. \\J\ ~~ ~G'0 " ~ LOCATION OF SANITARY SEWER TO BE INCLUDED IN MAINTENANCE AGREEMENT o , WAL -MART STORE #2196 o ~ t:j i WAL -MART STORE *2196 PORT ANGELES, WA OVERALL SITE MAP EXHIBIT B SCALE: l' = 200' . ~ ~.~ <( ~ - 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 5. CJ<lo .. ... 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 ,-; / G:\Leg"L~"-~~"e\:W~~~IENTS&CONTRACTSIPUB WORKSIPA YMENT BONDWal-Mart.03 J209.doc . i. ' \...,~,. (1..':--< \.. ! . ~..' , ., 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 ~..~ eldl A. N oUlelsen Notary Public in Ule State of Missouri City of St. Louis S-0230fGEEF 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 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 /1 -- ! L=fQ-f- < "1 f,t.tv-o' ~(,fl.:x? ~!.~ y 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. ,,\11111',,/ \.....\'\\(o.y~.b.~(f"l', \,; -.: 0' _',0,,,,,, :~ ~~""-1~('~/,,-./.;~~ :~'I..' :,( ( ;;,. 1'; F ~~\t{~, ".: I,' ";;t(>...l:.,l(:....l.~..~. II',~"(. i:"i."i.r;(\;',,'\;. /tll 11\1" ~[) ~L2 Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 POA-F 079-0626 ".. .'. , ., . . . . < 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 ..' J 4' . . /J >~ ,;1,,1 r; ,{A:"'-"4K. 'I . '~ Assistant Secretary r 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� } i i - 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