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AG 97-130 DATE IN: DATE OUT; CITY OF' F'EDERAL WAY W DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVI¡¡;W/SIGNATURE ROUTING SLIP 1. ORIGINATING DEPTJDlv.; ~'\'- \~,\C~\ ~\'¡ ~~C ~ 2. ORIGINATINI3 STAF"F" PERSON~'(\<:::'\\I\;;\Gí\' EXT;~ 3. DATE REQ. By: 4. TYPE OF" DCCUMENT REQUESTED (CHECK CNE): 0 PReF"ESSleNAL SERVICES ABRUMENT 0 MAINTENANCE/LABeR AGREEMENT 0 PUBLIC WeRKS CeNTRACT 0 SMALL PUBLIC WeRKB CeNTRACT 'L... THA. .",000' 0 PURCHASE ABREEMENT ""T<"A~, SUNNU'., E,U'NH'." AI3#: 0 REAL ESTATE PURCHASE & SALES ABREEMENT 5. PRO.JECT NAME~~'~ '- ~,,~ "'\\'~~\&\~ \.£\~ \\ill:\- 6. NAME OF" CONTRACTOR; ADDRESS; PHONE; TYPE OF" PERSON OR ENTITY (CHECK ONE): 0 INelvleuAL 0 PARTNERSHIP 0 SeLE PRePRIETeRSHIP STATE: 0 CeRPeRATleN TAX ID#/SS#, SIGNATURE NAME; TITLE; 7. SCOPE OF" WORK; ATTACH EXHISIT A - A COMPLETE AND DETAILED DESCRIPTICN OF" THE SERVICES OR SCOPE OF" WORK, INCLUDING CCMPLETION DATES F"DR EACH PHASE OF" WORK AND LOCATION OF" WCRK. B. TERM; COMMENCEMENT DATE; COMPLETION DATE; 9. TOTAL COMPENSATION; '" C'LDU~T<O o. .OU'LT ~.o. CH"." AnACH .CH'OULOO 0' '.HLDY'.. mL" A'O .OURLT _T'.' $ !INCLUDES EXPENSES AND SALES TAX, IF" ANY) REIMBURBABLE EXPENSES; DYES DNa IF" YES, MAXIMUM DOLLAR AMOUNT: $ Is SALES TAX OwEe? 0 YES D No IF" YES, $ PAID "Y; 0 CONTRACTeR OCITY 1 O. SELECTION PROCESS USED (CHECK DNEI: 0 REaUEST .eR BIDS 0 REaUEBT .eR PRepeSALB 0 REaUEST .eR QueTES 0 REaUEST .eR QUAUF"lCATleNS 0 ARCHITECT & ENGINEER LIST 0 SMALL WeAKs ReSTER II.C~~E~~W 0 DIREcTeR ô" 0 LAW (ALL ceNTRACTsl 0 RISK MANABEMENT ..,.¿" ¿:;? ;NITIAL/DATE~VED ~ (bf3 'ALL CO.._CT. EXC'NT AH..OH..,", CO.T_CTO. ."'C"ON OOCUH'." 0 PURCHASING 12. CONTRACT SIGNATURE ROUTING .,,{::: DEPARTMENT ~ MANA"ER ~;DL:::y BACt¡~-7.'1:5T'NG DEPT. ~BNED AI3 # ~ABINB' PLEASE CHARGE Te, INITIAL/DATE A"PROVED ~ COMMENTS WN'TE' O"."AC nAY. W'YH CONnACY CANARY, m., YC nm .,NK. CA. om. "OLOENROO' o"."A"NO .ym LO... 'R<v .,.., A& 97-13D ;: Applicant: CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, A Utah Corporation Sole Bond #: 8/1-5'-37-2..1) Permit': BLD97-0010 Bond Amount: $138.424.00 Cash Deposit Amount: $3.460.00 Project: Addition & Remodel to Federal Way LDS Church Property Address: 31816 47th Avenue, Federal Way, WA 98023 CITY OF FEDERAL WAY AGREEMENT AND PERFORMANCE/MAINTENANCE BOND THIS AGREEMENT ("Agreement") is dated effective this 16th day of May, 1997. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City") and CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, A Utah Corporation Sole ("Applicant"). A. The Applicant is required to perform certain work and/or complete certain improvements, which consists of expansion of parking to include paving and installation of detention facility and water quality coalescing plate separator. In addition, the Widening of So. 47th Street a public street to includes curb, gutter, sidewalk and storm drainage facilities at the above referenced address located in Federal Way, Washington in connection with Applicant's Land Use Application under the above-referenced permit number ("Permit"); B. The improvements will be constructed or the work performed in accordance with record drawings and approved plans on file with the City ("Plans"); C. The City has determined that the Applicant must post security with the City pursuant to Sections 22-146 through 22-159 of the Federal Way City Code ("FWCC") as now existing or hereafter adopted or amended, to guarantee Applicant's performance of the required construction of improvements or performance of work, maintenance or repair in accordance with the Plans as a condition of granting the Permit. NOW, THEREFORE, the Parties agree as follows: 1. Imorovements. Applicant shall construct all improvements and perform all maintenance pursuant to the Plans, to the City's satisfaction (OWork"). The obligation to maintain the improvements shall continue for a period of two (2) years after issuance of the certificate of occupancy or final inspection, or such longer period as required by the FWCC or other applicable law, rule or regulation. 2. Como/etion of Work. The Applicant shall complete the Work to the City's satisfaction, within the time periOd prescribed by the City, and in full compliance with the Plans, including any approved amendments thereto, and in conformance with all applicable laws, rules or regulations. 3. Performance/Maintenance Bond. Applicant shall deliver the fully executed Performance/ Maintenance Bond to the City in the form attached hereto as Exhibit "A" and incorporated by this reference ("Bond"), to guarantee Applicant's performance of the construction of the improvements and/or maintenance of the improvements pursuant to the Plans. 4. Release of Bond. If the Principal constructs the improvements in accordance with the terms of the Bond, the Permit and all applicable law, the sum of the Bond shall be reduced by seventy percent (70%) after final inspection and approval of the improvements by the City and the City will deliver to Principal the fully executed Partial Release of Bond attached hereto as Exhibit "B". Except as set forth in the preceding sentence, the Bond shall remain in full force and effect. That portion of the Bond equal to thirty percent (30%) of the original penal sum shall remain in full force and effect for two (2) years after final inspection and approval, as a maintenance bond to guarantee against defective materials and workmanship in the construction of the improvements and to insure continued maintenance of the improvements. Two (2) years after final inspection and approval of the improvements and performance of the maintenance, the City will release the remaining portion of the Bond by executing and delivering to Principal the Full Release of Bond attached hereto as Exhibit .C.. 5. Rioht to Comolete Work. In the event the Applicant fails to perform the Work, the City may, but in no event is it obligated to, request the disbursement of the Bond from the surety and perform any of the necessary Work. Upon demand, Applicant agrees to pay the City an amount equal to all of the City's costs and expenses in performing such Work in excess of the amount of the Bond. 6. .tJIcti.c¡¡. The Community Development Department of the City shall be given forty-eight (48) hours notice prior to the commencement of the Work. 7. Indemnification. Applicant agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) arising from, resulting, or connected with this Agreement and the Bond, including without limitation, the City's performance of the Work pursuant to Section 5 herein. 8. Administrative Cash Deoosit. In addition to the amount of the Bond, Applicant agrees to pay a cash deposit to the City pursuant to Section 22-151 of the FWCC, upon the execution of this Agreement equal to the following percentages of the amount of the Bond: Amount of Bond Amount of Cash Deoosit Up to $20,000 $20,001 - $50,000 $50,001 - $100,000 $100,001 and up 5% of Bond (minimum $100) 4% of Bond 3% of Bond 2-1/2% of Bond The cash deposit may be used by the City to cover its actual expenses in administering this Agreement and, if necessary, collecting and using the proceeds from the Bond. 9. Remedies Cumulative. No remedy provided for by this Agreement shall be deemed exclusive, but shall be deemed cumulative and in addition to every other remedy available to the City at law, in equity or by statute. Applicant's liability under this Agreement is not limited to the amount of the Bond. -2- 1 O. ~. Applicant shall record a license in the form attached hereto as Exhibit °D" and incorporated herein by this reference with the King County Department of Records, immediately upon the execution of this Agreement and at Applicant's cost. 11. General Provisions. This Agreement may not be amended except by written agreement signed by the Parties. Any provision of this Agreement which is declared invalid, shall not invalidate the remaining provisions of this Agreement. The failure or delay of the City to declare any breach or default shall not waive such breach or default. This Agreement may not be assigned by any Party without the written consent of the other Party. This Agreement shall be binding upon and insure to the benefit of the Parties' successors in interest. Time is of the essence. 'flf:( CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, A Utah Corporation Sole ,¿£! ~ ,Ted D. . , Authorized Agent Its: 50 East North Temple Street Salt Lake City, Utah 84150 (208) 342-2735 CITY OF FEDERAL WAY By: )Jßi,~ " Ô4- City Clerk, N. Christine Green, CMC APPROVED AS TO FORM: ~C,~,~'~~j.J.r,.. Londi K. Lindell, City Attorney c,'..,...VS\D0CUMENnIIIlI87 00.1011DSAGÆE.DOC 5112/97 - pw97-188 -3- [Corporate Notary] STATE OF Utah) ) 55. COUNTY OF Salt bJœ ) Lake On this day personally appeared before me Ted D. Simmons , to me known to be the Authorized Agent of , the corporation that executed the foregoing License, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any. is the corporate seal of said corporation. GIVEN m, hood ,"d olf;.,' .." Oh. ~ ~" of ~ ~~L~ . (notary sig ) Marvin S. Harding (typed/printed name of notary) Notary Public in and for thettate of Utah. My commission expires ()c b~"" .3(;. /f'!8 ,19..22. L,IPRMSYSIDOCIJMENT\8LD97 00. I OIlDOAGREE.DOC Rov;,"", 01.29.97 - r---~w~~~ïii:~1 .(t) 'efi= . . - '=!iI.an Expåe8 . I . 00t0bIr1lo. '898 . L----==~~~~~--~ -8- l'! I. -1'\ ) CERTIFICATE OF AUTHORITY RECEIVED DEC 2 9 1995 u¡¡n UI'L 01 Corp. Camm. Coda I, H. DAVID BURTON, do hereby certify that I am the Presiding Bishop of THE CHURCH OF JESUS CHRIST OF LATrER-DA Y SAINTS, a religious association, and by virtue of such office I am the Corporation Sole of the CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATrER-DA Y SAINTS, a Corporation Sole, organized under the laws of the State of Utah; that I am the person designated in the Articles of Incorporation of said Corporation Sole to sign and execute the deeds and other instruments of writing and to transact all of the business of said Corporation Sole, pursuant to the provision of Title 16, Chapter 7, Section 8, Utah Code Annotated 1953, as amended; and that pursuant to said Section 16-7-8 thereof, I hereby designate and name TED D. SIMMONS as an agent empowered to execute on behalf of said Corporation Sole: 1) Documents relating to the purchase, sale, development, use, imprQvement, taxation, encumbrance and release thereof, or other disposition of real property. 2) Certain corporate documents, namely, annual reports, stock and bond powers, proxies, water stock certificates, and franchise tax forms. 3) Miscellaneous documents, such as agreements, promissory notes, bills of sale, assignments, loan participation agreements, petitions, notices, and reports. . . Øf.'~~~ ~,1t!~~ at Salt Lake City, Utah, this 29th day of December, 1995. QIyI..¡,;¡ it' c;ø,..."I""" u3'ëo.....rcIoi ~8 1~It~yc."~ftl/l'~~:'.,~apot; CORPORATION OF THE PRESIDING BISHOP OF THE r. ÜI:',I8:: ."II.I~~ '~3 FiiiiEy ~ CHURCH OF JESUS CHRIST OF LATrER-DA Y SAINTS Ihll CMIIftCII8 \11....1. A C . S 1 ' ....JJ7777 !;t¿;~ ~ o~ Sol, DllJ!sIon DIrecta' c c: c: ,,- '- C- c: UNI1ED STA1ES OF AMERICA) STA1E OF UTAH : ss. COUNTY OF SALT LAKE dn the 29th day of December, 1995, personally appeared before me H. DAVID BURTON, personally known to me to be the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints, who duly acknowledged that he signed the foregoing instrument as Corporation Sole of the CORPORATION OF THE PRESIDING BISHOP OF mE CHURCH OF JESUS CHRIST OF LATrER-DA Y SAINTS, and that the seal impressed on the within instrument is the seal of said Corporation, and the said H. DAVID BURTON acknowledged to me that said Corporation executed the same. My commission expires: ""'~~~~¡~d'o--'~='-~ . ./~".... ,. ""II'IC ¡ Il~d~'% MARYlYHIf H. PACE I I ¡~l~K j;) 6OeasrSouthT.mple.mco I ! ~~~~.j My==~S::Jkl ~ c/2, . NOTARY P LI in and for the State of Utah, residing in Salt Lake City, Utah EXHIBIT A PrejBct: Addition & RBmDdBI to Federa' Way LOS Church PBnnit #: BLD97-O010 CITY OF FEDERAL WAY PERFORMANCE/MAINTENANCE BOND Bond #8145-37-20 KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned, CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, A Utah Corporation Sole, as principal ("Principal"), and Federal Insurance Company, the undersigned corporation organized and existing under the laws of the State of Utah, and legally doing business in the State of Washington as a surety ("Surety"), are held and firmly bound unto the City of Federal Way, a Washington municipal corporation ("City") in the penal sum of One-Hundred Thirty-eight Thousand, Four-Hundred Twenty-four and no/100 Dollars ($138,424.00) for the payment of which they firmly bind themselves and their legal representatives, successors and assigns, jointly and severally. This obligation is entered into in pursuant to the statutes of the State of Washington and the ordinances, regulations, standards and policies of the City, as now existing or hereafter amended or adopted. The Principal has entered into an Agreement with the City of even date to perform certain work and/or complete certain improvements. which consists of expansion of parking to include paving and installation of detention facility and water quality coalescing plate separator. In addition the Widening of So. 47th Street, a public street to include curb. gutter, sidewalk and storm drainage facilities at the above referenced address located in Federal Way, Washington in connection with Applicant's Land Use Application under the above-referenced permit number ("Permit"); NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Agreement, and shall pay all laborers, mechanics. subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold the City. their officials, agents. employees and volunteers harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of the Principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City harmless from any damage or expense by reason of failure of performance as specified in the Agreement, or from defects appearing or developing in the material or workmanship provided or performed under the Agreement within a period of two (2) years after its final acceptance thereof by the City. then and in the event this obligation shall be void; but otherwise, it shall be and remain in full force and effect. And the Surety, for value received. hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond. and it does hereby waive notice of any change. extension of time. alterations or additions to the terms of the Agreement or to the Work. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the Agreement without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five percent (25%) of the original amount of this bond without the consent of the Surety. Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of the terms of the Agreement, the Surety shall make a written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the City, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or 0 in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes thl! City's, claim of default, the Surety shall notify the City of its finding and its intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has elected. Should Surety elect option (a) to cure the default, the penal sum of the 80nd shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work, the City shall notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph, prior. to any interplead action. In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of defal_'lt by the Principal, the Parties agree to participate in at least four hours of mediation in accordance with the mediation procedures of United States Arbitration and Mediation ("USA&M"). The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by the Seattle USA&M office, 4300 Two Union Square, 601 Union Street, Seattle, Washington 98101-2327. The Surety shall not interplead prior to completion of th~ mediation. DATED this ~ day of June , 199~, CORPORATE SEAL OF PRINCIPAL: CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, A Utah Corporation Sole SURETY Federal Insurance Company BY: .~ cr\~ Norman D. Squir~s Attoraey-in-Fact By:<... ¿~ Ted D. Autbørfled Apnt Its: Owner Representative SEAL 50 East North Temple Street Salt Lake City, Utah 84150 (208) 342-2735 -2- ~~~w~'* ~~'\t'N#¡~~i!ii #!f~ìif!~~W! :iH ii4WWit#lWn ~~~_!m¡!jjlji¡ff~~ ,I- I State of Utah. County of Salt Lake r\l)- ": - - - - - Ño-.;' Ñ,~ - - ., . ,..'-;"i'" MELISSA MAUN I . ,:,.,' '.' '; 447 Eut 100 South I .r., 'SaIt,.....,....,- .", , .-..,.,..Ulah84116 '~" . ~.lanExpll'Øl . . '11, 18l1li . L.-------~.'~~-_.I I On June 5, 1997 ,before me, the undersigned, í $s. .a Notary Public of s;ùd county and state, personally appeared . Norman D. Squires known to me to be the Attorney-in.Fact of Federal Insurance Company the Corporation that executed the within instIUment, and known tD me to be the person who executed the said instrument on behalf of the CorpDration therein named, and acknowledged to me that such Corporation executed the same. ~t,À/ff/J' ' ({ NOTARY PUBLIC CORPORATE SEAL OF SURETY: Federal Insurance Company By: N~D.~ Attorney-in-Fact (Attach Power of Attorney) Melissa Malin Name of Person Executing Bond 447 East 100 S¿~th S",..",¡'pICiry IT'!' R611' Address (RC11) ,71-7740 Phone BOND NUMBER: 8143-37-20 APPROVED AS TO FORM: ~~.~)~~~~. LONDI K. LINDELL. CITY ATTORNEY CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within bond; that . who signed the said bond on behalf of the Principal. was of the said Corporation; that I know his or her signature thereto is genuine. and that said bond was duly signed. sealed. and attested for and in behalf of said Corporation by authority of its governing body. Secretary or Assistant Secretary c,IPAMSYSIOOCUMENT\8lDO7 00.' OIlDSAGÆE.DOC 'H. Nc. - - -3- POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ 07059 Telephone: (908) 903-2000 Fax No.: (908) 903-3656 Know all Men by these Presents, That FEDERAL INSURANCE C9MPANY, .an Indiana Corporation, has constituted and appointed, and does hereby constitute and appoint Norman D. Squ1res, R1chard G. Taylor, Mary B. Cristaudo, and Roger B. Ricks of Salt Lake City, Utah----------------------------------------------- each its true and lawfuIAttomey-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to-wit: 1. Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or reguiations relating to Customs or Intemal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization,. public or private; bonds to Transportation Companies, Lost Instrument Bonds; Lease Bonds, Workers' Compensation Bonds, Miscellaneous Surety Bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3. Bonds on behalf of contractors in connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By-Laws, caused these presents to be signed by its Vice President and Assistant Secretary and its corporate seal to be hereto affixed this 13 t h day of July 19 95 FEDERAL INSURANCE COMPANY BY /1A",^-kI:1.~/ Gerardo G. Mauriz Vice President STATE OF NEW JERSEY } County of Somerset as. On this 13th day of July 1995,beforemepersonallycameKennethC.Wendeltomeknownandby me known to beAssistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attomey, and the said Kenneth C. Wendel being by me duly swom, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof: that the seal affixed to the foregoing Power of Attomey is such corporate seal and was thereto affixed by authority of the By-Laws of said Company, and that he signed said Power of Attorney asAssistant Secretary of said Company by like authority; and that he is acquainted with Gerardo G. Mauriz and knows him to be the Vice President of said Company, and that the signature of said Gerardo G. Mauriz subscribed to said Power of Attomey is in the genuine handwriting of said Gerardo G. Mauriz and was thereto subscribed by authority of said By- Laws and in deponents presence. Notarial eal Acknowledged and Swom to before me £Ze~ / Notary Public IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE WRITE TO US AT THE ADDRESS LISTED ABOVE. FO<m 15-11>0134 (Rev. 5-94) GENERAL LINDA SAWCHM NoIoIy P\,b¡¡~ $,... 01 Now Jon.y No. ,O\1}~2 Co"",,;";oo Expi,c, July 29, 1994 CERTIF1CATE OF AUTHORITY l" ',:, ) RECEIVED DEC 2 9 1995 ( ¡¡n UIV, 01 Corp. Camm. Coda I. H, DAVID BURTON. do hereby certify that I am the Presiding Bishop of TIiE CHURCH OF JESUS CHRlST OF LATTER-DAY SAINTS, a religious association, and by virtue of such office I am the Corporation Sole of the CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a Corporation Sole, organized under the laws of the State of Utah; that I am the person designated in the Articles of Incorporation of said Corporation Sole to sign and execute the deeds and other instruments of writing and to transact all of the business of said Corporation Sole, pursuant to the provision of Title 16, Chapter 7, Section 8, Utah Code Annotated 1953, as amended; and that pursuant to said Section 16-7-8 thereof, I hereby designate and name TED D. SIMMONS as an agent empowered to execute on behalf of said Corporation Sole: 1) Documents relating to the purchase, sale, development, use, improvement, taxation, encumbrance and release thereof, or other disposition of real property. 2) Certain corporate documents, namely, annual reports, stock and bond powers, proxies, water stock certificates, and franchise tax forms. 3) Miscellaneous documents, such as agreements, promissory notes, bills of sale, assignments, loan participation agreements, petitions, notices, and reports. . . IIj~,:~':t ~11t!,';t~ at Salt Lake City, Utah, this 29th day of December, 1995- Qlviol;.;¡ jol çq'l'eIlUt"" fft~"èoIMl'rcJ" c.4. I ~"~YOI" ~III'\.~".I~~ CORPORATION OF TIŒ PRESIDING BISHOP OF THE r'lh:"Ir.:~.'Zh,'~~'~:¡¡¡;¡¡y ~ CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, \hI! C4IIIftClltlhlltOl. A C . S 1 orporauon 0 e Du/2-:2?-øs ~fi/7 - :/,;;;:;;; By ~~~ So¡, DIvision DIrecta c- c: c: ,,- - C. c: UNITED STATES OF AMERlCA ) STATE OF UTAH : ss. COUNTY OF SALT LAKE dn the 29th day of December, 1995. personally appeared before me H. DAVID BURTON, personally known to me to be the Presiding Bishop of The Church of Jesus Christ of Latter-day SaintS, who duly acknowledged that he signed the foregoing instrument as Corporation Sole of the CORPORATION OF THE PRESIDING BISHOP OF TIiE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, and that the seal impressed on the within instrument is the seal of said Corporation, aDd the said H. DAVID BURTON acknowledged to me that said Corporation executed the same. My commission expires: ""'~~~~¡~..?,---~~._~ ì ,,";',~-:::::::",. ,. -, '¡¡lIC I /~i~4~'\'i\ rnARYlYPfIf H. PACE I I it. ~(U'i)~\ 6OEastSOIIIhTlmøle.I1aOO II I \;.\ "'!¡ SaJlLåuC:!y,Ub!l84111 I . ",.v' .." IttComm!sllczle:".nUI15J117 ~ ch2, . NOTARY P LI in and for the State of Utah. residing in Salt Lake City, Utah EXHIBIT B PARTIAL RELEASE OF BOND' The undersigned hereby acknowledges that a portion of the conditions of the Agreement and Performance/Maintenance Bond for the Addition and Remodel to Federal Way LDS Church. Permit' BLD97-oo10. have been satisfied and hereby authorizes the release of an amount equal to Ninety-Six Thousand. Eight Hundred Ninety-Seven Dollars and 00/100 Dollars ($96,897.00). The remaining funds equaling thirty (30%) of the cost of the work or improvements shall be retained by the City for a period of two (2) years as security for Assignor's performance of all maintenance for the above described project and as a guarantee against defective materials or workmanship in the construction and maintenance of such improvements. DATED this day of .199_, CITY OF FEDERAL WAY By: (Name. Title) EXHIBIT C FULL RELEASE OF BOND # TERMINATION OF LICENSE The undersigned hereby acknowledges that the two (2) year maintenance period has expired, that the work or improvements covered by the Agreement and Performance/ Maintenance Bond for the Addition and Remodel to Federal Way LOS Church Permit # BLO97- 0010, have been completed to the City's satisfaction and that the City is not aware of any defect in workmanship or materials. Accordingly, the undersigned hereby releases the sum of Forty-one Thousand, Five Hundred Twenty-seven and 00/100 Dollars ($41,527.00). The undersigned further releases all right, title and interest granted to the undersigned by reason of a certain License Agreement recorded under King County Recording No. ("License Agreement") and acknowledges that all obligations and rights contained in the License Agreement are hereby terminated. DATED this day of ,19_. CITY OF FEDERAL WAY By: (Name, Title) POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ 07059 Telephone: (908) 903-2000 Fax No.: (908) 903-3656 Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointed, and does hereby constitute and appoint Norman D. Squires, Richard G. Taylor, Mary B. Cristaudo, and Roger B. Ricks of Salt Lake City, Utah----------------------------------------------- each its true and lawfuIAttomey-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to-wit: 1. Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specffied in such Bond or Undertaking. 2. Surety bonds to the Un~ed States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Intemal Revenue; License and Perm~ Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization"public or private; bonds to Transportation Companies, Lost Instrument Bonds; Lease Bonds, Workers' Compensation Bonds, Miscellaneous Surety Bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3. Bonds on behalf of contractors in connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By-Laws. caused these presents to be signed by its Vice President and Assistant Secretary and its corporate seal to be hereto affixed this 13 t h day of July 19 95 Assistant Secretary FEDERAL INSURANCE COMPANY BY ,1 A<,^~ 1:1. ~/ Gerardo G. Mauriz Vice President STATE OF NEW JERSEY } County of Somerset ss. On this 13th day of July 19 95, before me personally came Kenneth C. Wendel to me known and by me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY. the corporation described in and which executed the foregoing Power of Attomey, and the said Kenneth C. Wendel being by me duly swam, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attomey is such corporate seal and was thereto affixed by authority of the By-Laws of said Company, and that he signed said Power ofAttomey as Assistant Secretary of said Company by like authority: and that he is acquainted w~h Gerardo G. Mauriz and knows him to be the Vice President of said Company, and that the signature of said Gerardo G. Mauriz subscribed to said Power of Attomey is in the genuine handwriting of said Gerardo G. Mauriz and was thereto subscribed by authority of said By- Laws and in deponents presence. Notarial eal Acknowledged and Swam to before me £L:e~ / Notary Public IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE WRITE TO US AT THE ADDRESS LISTED ABOVE. Fann 15-10-0134 (Rsv. 5-94) GENERAL LINDA $AWCHA~ N~ Pub¡;~ $,... 01 New J.".. Nù, 20\'m2 Commission Exp;c., J"I. 29, 1991 ....................................................................................................................................................................................................... ...................................................... . . . . . . STATE OF UTAH COUNTY OF SALT LAKE ) On this ~ day of J U 11 e.. . 1997, personally appeared before me TED D SIMMONS. personally known to me to be an AuthorizedAgentofthe Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints, who acknowledged to me that he signed the foregoing instrument as an Authorized Agent for the Corporation of the PresidingBishop of The Church of Jesus Christ of Latter-day Saints, a Utah corporation sole, and the said TED D SIMMONS acknowledged to me that the said Corporation executed the same. r--~-~~~~~~' . . l,r ~ ~-=, My commission expires: >øuJ" I.......... ~ : October 30 1998 No Public in and for the Stahl ~ - ~ ' M in S. Harding L---....."",.... J'*'-.f!_--_.I . . . . . . ....................................................................................................................................................................................................... ......................................................