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AG 95-210 DATE: IN: I DATE OU~ (ð-~ / -~;)--'~.'---l CITY OF FEDERAL WAY LAW DEPARTMENT CONTRACT PREPARATION/DoCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. OR'G'NATING DEPT.lD,v.: - f>J.L!l'-tl Uo<a..n- 2. OR'GINAT'NG STAF"F" PERSON: &-"" -~C~ - - - EXT: '/f';J23. DATE REg. By:~iJl¡,-,,- 4. TYPE DF" DDC~MENT RE<OUESTEe (CHECK DNE): C PReF"ESS'eNAL SERV'OES AGREEMENT U MA'NTENANcEiLABeR AGREEMENT U PUSLIC WeRKS CeNTRACT U SMALL PUBLIC WeRKS CeNTRACT ICcs. ,NAN ,.S,DDC> rÍs,~:~'::::"~~N~U..M~~ BCN~ A~.,"NN;N~'UNC. '~~C; BCNC' U CeNTRACTOR SELEcneN DeCUMENT '.,0.. R.e, ",P, R'.' -- - IMm.1Ac., SU..U'., EOU'.N.N,' U CeNTRAOT AMENDMENT U EASEMENT U OTHER AG#, - - -- L PURCHASE AGREEMENT L REAL ESTATE PURCHASE & SALES AGREEMENT -- --- 5. PRO.JECT NAME:- CIff1P,-& GLE+J S'VIJJ:w!I.J/~ ---- 6. NAME OF" CDNTRACTDR, ------ ADDRESS: -------- -- - PHONE:_- TYPE DF" PERSDN OR ENTITY ICHECK eNE)' U INDIVIDUAL LJ PARTNERSH'P U seLE PRePRIETCRSH'P 0 CDRPeRAneN STATE'- TAX ID#/SS#, -~- -- S'GNATURE NAME' T'TLE: 7. SCOPE OF" WORK: ATTACH EXHIBIT A - A CDMPLETE AND DETA'LED DESCR'PT'DN DF" THE SERVICES OR SCOPE OF" weRK, 'NCLUCONG COMPLET'ON DATES F"DR EACH PHASE OF" WORK ANe LOCAT'ON DF" WDRK. B, TERM: CDMMENCEMENT DATE: -------- COMPLETIDN DATE: 9. TDTAL COMPENSATION: $---- '" CACCU~"C CN NCU.CY CA... CNM.' . ATTACN .CN'CUC" C, ,N.CCY'" TIm. ANC NDUPCY ems' RE'MBURSABLE EXPENSES: UYES U ND 'F" YES, MAX'MUM DDLLAR AMOUNT: $----- 15 SALES TAX OWED? 0 YES 0 No IF" YES, PA'D BY: 0 CDNTRACTDR CC'TY 1 D. SELECTleN PROCESS USED (CHECK ONE): IJ RE<OUEST mR BIDS LJ REQUEST mR PRepesAcs [] RE<OUEST .eR t;JUeTES U RE<OUEST mR guALlncATOCNS LJ ARCH'TECT & ENGINEER LIST 0 SMALL WeRKS ReSTER /cAW (ALL ceNTRACTS) C RISK MANAGEMENT I~TE ApPRDVED ---'.'>..'./-~ /'/"ì,V,c}'/ /. ,¿ -.---.. ---' /, I 11. CONTRACT REVIEW OACC CCN,PAC,. .xc.., AM'NCH'NU, CCN,PAC,CP .mcn.N C.CUH'N" ------ U PUROHAS'NG 12. CD;:A:A::p:~:::TURE ROUT'NG /;:/:;z.DATí;;~R~~:(lV ~:: ;:ENRAKGER (/ .. ~Jf47'~\ n S'GNED oepy eACt¡3T _eiWi'TAT'NG DEPT. <::------... é..- - 'r,( ASSIGNED AG # ,(,1 -- '-....-- r" OR.IG."vth.. /Jar"¡/) R.lf"1)I!-N í7J ðl2..".N!'H1N<. {bvr& '1-ZI-'(:;; CDMMENTS SEE ~ ff«J /A/Po .$'/,/(-<-'1"'..---------- ------ --~-- -- WHITE' Dp'.'MAC my. W",N CCN,.AC" OANARY' CAW D.n; P'N<' CAW 0..", oOCOENRDD' Dp"'NAnN. .W' C04.2 IR.v 4194' AG¡ q5~2/0 Applicant: Campus Glen Limited Partnership Project: Campus Glen Plat Property Address: Between S. 328th St, and BPA Transmission Line and approx. 8th Ave. S. and 4th Ave, S" if extended Bond #: '::'5 of 1 7 Permit #: ILA-90-PP08 Bond Amount: Cash Deposit Amount: $422,928.00 $ 10,573,00 CITY OF FEDERAL WAY AGREEMENT AND MAINTENANCE BOND THIS AGREEMENT ("Agreement") is dated effective this 1f..~day of October, 1994. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City") and Campus Glen Limited Partnership, a Washington limited partnership ("Applicant"). A. The Applicant has performed certain work andlor completed certain improvements, including plat improvements of roadways, sidewalks, storm drainage facilities, and fencing of sensitive areas 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 have been 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 146 through 159 of the Federal Way City Code ("FWCC") as now existing or hereafter adopted or amended, to guarantee Applicant's maintenance andlor repair of the improvements in accordance with the Plans as a condition of granting the Permit, NOW, THEREFORE, the Parties agree as follows: 1. Maintenance ObliGation. Applicant shall maintain the improvements in good operating appearance, condition and repair and perform all maintenance pursuant to the Plans, to the City's satisfaction. 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 applicable state or federal law, rule or regulation. 2. Maintenance Bond. Applicant shall deliver the fully executed Maintenance Bond to the City in the form attached hereto as Exhibit "A" and incorporated by this reference ("Bond"), to guarantee Applicant's maintenance of the improvements pursuant to the Plans. 3, Release of Bond, The Bond 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 Bond by executing and delivering to Principal the Full Release of Bond attached hereto as Exhibit "B". 4. Riaht to Comolete Work. In the event the Applicant fails to perform the maintenance, 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 in connection with the maintenance andlor repair of the improvements. ORIGINAL 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. 5. 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 any maintenance andlor repair of the improvements pursuant to Section 4 herein. 6. 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. 7. 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. 8. 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. APPLICANT: CAMPUS GLEN LIMITED PARTNERSHIP By: POLYGON NORTHWEST COMPANY, Its General Partner By: 4030 Lake Washington Blvd. N,E. Suite 201 Kirkland, WA 98033 (206) 822-7700 -2- CITY OF FEDE RAL WAY ~ By' . Kenneth E, N . . .. ... 33530 1 5t W . - '/ Federal W ay South ay, WA 98003 ATTEST' -f2"~M.'.~ h. [r"" . '~'MMS ,~ . waney, CMC APPROVED AS TO FORM" , L""d~ ~-= . lindell, City AU ','BONOS'CA orney 10-4-94 MPSGLN.MA -3- CITY OF FEDERAL WAY MAINTENANCE BOND BOND #1350417 KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned POLGYON NORTHWEST COMPANY, ("Principal") and INSURANCE COMPANY OF THE WEST, the undersigned corporation organized and existing under the laws of the State of CALIFORNIA 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 Four Hundred Twenty-Two Thousand Nine Hundred Twenty-Eight Dollars and no/100 ($422,928.00) 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 maintain plat improvements for Campus Glen consisting of roadways, sidewalks, storm drainage facilities, and fencing of sensitive areas. NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the manner and within the time period prescribed by the CitYI or within such extensions of time as may be granted under the Agreement, 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, 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. 6x, A '. 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 Maintenance Bond in 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 (c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the 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 Bond 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 interestl 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 default 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 costs 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 the mediation. DATED this~day of October, 1994. CORPORATE SEAL OF PRINCIPAL: POLYGON NORTHWEST COMPANY BY< ~- (s ture) 6'w1 "lout .í, (J'~~'/f.RJ-- (prin ed name & title) 4030 Lake Washington Blvd. N.E., Suite 201 Kirkland, WA 98033 (206) 822-7700 '. CORPORATE SEAL OF SURETY: INSURANCE COMPANY OF THE WEST Surety By: :-~ Attorney-in-Fact (Attach Power of Attorney) R. 11'. SMITH . (Name of Person Executing Bond) 2312 EASTLAKE ~VE. E. SEATTLE, II'A 98102 (Address) (206) 323-3931 (Phone) APPROVED AS TO FORM: ~ ¿ L . ,r AT'fòRNEY 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 K,\FORM5\MAINTEN.BND R.,. 09.30-94 -3- lilSU '-TIC::; CO:::IlDan'¡: of t. " Vlest nOM" OFFIC~: SAil OI~û5. CALIFORNIA PO'{l:::R O~ ;':.TTORr,:::y KNOW All MEN åy THE?,,' PRESENTS: Thai INSURAr-;CE COMPANY OF TH: VlEST. 0 Co'po,o';on duly aUlhonzed ond oxi,un undo, Ins 'ews 01 1M Stale of, CALIFORNIA and hav,n9 ilsonnclpal oHice in Ine GUy 0/ San Diego, Caloiomia. ooes ne,eoy nom,na,eg COnSUIUIOano.ppOlnl: James B. Binder, R.W. Smith, R.k. Moore' Robin:N. Belson and Anne E. Strieby il> IIUs and lawful Atto/ney(s)-in-Fa"" Wilh' full oower'and aulho,iry:he,oby confs"ed in its name. plscs and ste.d. la, 'oxocule, ual. ' acxnowlodge and ds'ivsr any end ~II hands. undo/takings, 'ecog",lanc.. or o,h.. w,inan obligations in Iho nstu,o'lns'ool. . , This Powsr o/A!tomoy is gramedand i. sipnod snd soeled by lacsimile undo' and by 100 aulhorilY 0/ Iho lollowing ResolutÌ,;n aoopted by Ihe Boa,d a/ Oi,ecco,s, a/INSURANCE. COMPANY OF THE WEST at. meeting duly called and ha'd an Ihe 16th day of AUGUST, 1991, which said Rasolulion h.. not boon amondsd 0' ,e«inded and 0/ whichlheloliewing i. e IIuo, full,: and compiele' copy: . ,'. -R"SOlVEO, thaI Ihe, Chai,man 01 the Boa,d, Iho P,e.idenl.. an Executivo Vice P,e;i.eo< or a Sanior Vice Presidanl oi. (he' , Como.n)'. ba. and Inel each a, any 01 them i.. aulhorized 10 oxeculo Paws,. of Anomey qualifying Ihe ano'n~ynemed in:ttie given Powel 01 Ano,ney 10 oxeculs on behaif 01 Ihe Comoeny. bonds, undonai-Jngs. end all conllacts of su,e!yship: and Ihat a Vice P,esioent, an A..islanl Vice P,osidenl, a Sec,elal)' 01 an Aosi..ont Sec,el"y be. and Ihal eech 0' any 01 Ihem hOfeby is, aulholl..d 10 sttest 1M' oxaculion of any such Powar 01 Anorney. -nd (0 s"ac:~ ,I~ê"e'o Ihe .ee! 01 Itre C°rT1pany. FÙRTHER R"SOlVEO. thel the sigoowfas 01 such officelS snd,'he s&aliai' Ihe C¿mpe"y may be aHix~d 10 any such Powe' of A~omoy or 10 any canilicals falaling 'herelo by facsimiie, and any 'such "owsr 01 Ariomey or canit/calo bearing, such lacsimile sianalu,es a' lacsimile seal shall be vslid and binding upon Ihe Company when 'so aliixod and in ,he fucure with ,e.pect 10 any bond. undanakine; 0' conlract 0/ su,e!yship 10 which it is anoched... , " , . FURTH"iI R"SOlVEO, that the Allo,ney-in-Fact may,be 9ivan lull o'owe, to sxscute for and in the name 01 ~nd on behallof 'h. Comoany any ana all bonds and unoenaklngs as Ihe bus,"e.. 0/ the Company may ,equi,e, and any suc~ bonds .or undenakin,s oxacutod oy any such Allomey-in-Fac: shall be s. binding ucon ine Company as il signed by on aulhodzad oHic", 01 the Compa,ny.' IN WITN!õSS WH!õilEĊ’', INSURANCE COMPANY OF TH: W=ST has coused its ottici.1 seal 10 be hefaunto affixed and tne.. p,esents to bo signed by us ouly autno,ized a,iice,. tnis ' ~~ INSU~ /! {PANY OF TH!õ WeST STAT" OF CALIFORNIA \,i~...... I-JJJ:' AI .. COUNTY OF SAN DieGO SS: \""I"~" dhn ~. Hann~m, Sonia, Vics i'fesidant On :his be/o'e :he subscdbe,. a¡<o'ary Public 01 the S"'e 0/ Caliiomia, in and fe: the Counrl 0/ San Diego, duiy commissioned and ouali/iad. came John l. Hannum..'Senior Vice P,esident o/INSURANCE COMPANY OF Tn" 'N"ST, 10 me personally known to be :he individuo' and oiiicer descnòed' in sod who exsculod :he p,o""ding ins«ument. and ne a«nowladge. Ihe oxaculion a/ Ihe same. and being by mo duly swam. ,'ileposelh and saith. tnal he is Ine said o/fice, 0/ :ne Co"a,..ion a/o,esaid. and :hal :ho s.., aHixed '0 tne p,ecading inslNmenl is the CO',oOlalO Seal of :ne said Co,po(alion, and Inal 'he said Corpora,s Sea' and his signaluto as such aliice, wo'e dulY aiiixed and subscribed :0 .the said in~IIumenl by, the ,ulho,il'( and d'faction of the said Co,po,.lion. IN WITN"SS WH:REOF. , have ne'eunto sel my hand and affixed my Official Seel, a' :he City 01 San Diogo: the day and year firsl aoovo w,iuen. ' r~v~~~"-:oo::p~m;o - ~ 1 - 't:~~' COMM, ,",52644 " ~ ;t--;~,,~, ';': No:c,., Publlc-Celilvm/o ~ z ~~ ,AN D'EGO COUNlY f STAE OF CALIFORNIA SS: ~ ...""..- Mvccmm,esp¡"",JAN 14.1996 COUNTï OF SAN Oi:GO ........... . . . . . . . . . . . . Y!;fJAÆUJ HI .:;J; ;}; ¡j .;\.-' NolS,., i'ublin I. Ins unde,signad. EO. Hamed Davis, Vice P'esid.nt a! INSURANC" COMPANY OF THE WE'ST, da he,eby certily that Iho ong,n.i FOWS;; OF ATTORNEY, a/ wnich Ine ¡o,ogoing is a iuii, «ue and """eel capy, is in lull force and oliec'. and has no' ,een 'evoked. fN WITN!õSS WnE.qEOi', I havs he,eunlo subsc,ib.d my name as Vice P,ssidene, and aliixed Iho Co'porale Se.1 0/ tho Co,pora"on. Ihis II-\-/.... day of ~""ob e,.,- 19 q'í . .~, INSURANCE COMPANY OF ïHE \'!Esï 7":':~,;.\ (it:"""",.):: ~ ;:: '0"""", ) ~ r. ifI-~ ~/ dJft' ". fwned O,,'i, Vice e,e"c,n: IC',': C,'c . EXHIBIT B FULL RELEASE OF BOND # I?>S' Ò Lf 11 The undersigned hereby acknowledges that the two (2) year maintenance period has expired, that the work or improvements covered by the Agreement and Maintenance Bond for Campus Glen, Permit #ILA-90-PP08 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 Four Hundred Twenty-Two Thousand Nine Hundred Twenty-Eight Dollars and no/100 ($422,928.00). DATED this - day of ,19_, CITY OF FEDERAL WAY By: (Name, Title) .. CITY OF FEDERAL WAY MAINTENANCE BOND BOND #1350417 KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned POLGYON NORTHWEST COMPANY, ("Principal") and INSURANCE COMPANY OF THE WEST, the undersigned corporation organized and existing under the laws of the state of CALIFORNIA 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 Four Hundred Twenty-Two Thousand Nine Hundred Twenty-Eight Dollars and no/100 ($422,928.00) 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 ~mended or adopted. The Principal has entered into an Agreement with the City of even date to maintain plat improvements for Campus Glen consisting of roadways, sidewalks, storm drainage facilities, and fencing of sensitive areas. 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 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, in the performance of said workl 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 I 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. copy " 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 Maintenance Bond in 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 (c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the 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 Bond 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 default 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 costs 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 the mediation. . . DATED this~day of October, 1994. CORPORATE SEAL OF PRINCIPAL: POLYGON NORTHWEST COMPANY By, ~- (s ture) 61') '1".~t f, ()'CLh-/(J!z,;f- (prin ed name & title) 4030 Lake Washington Blvd. N.E., Suite 201 Kirkland, WA 98033 (206) 822-7700 '. " CORPORATE SEAL OF SURETY: INSURANCE COMPANY OF THE WEST Surety By: -~~ Attorney-in-Fact (Attach Power of Attorney) R. W. SMITH (Name of Person Executing Bond) 2312 EASTLAKE AVE. E. SEATTLE, WA 98102 (Address) (206) 323-3931 (Phone) APPROVED AS TO FORM: ~I¿ L . ,r AI10RNEY 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 K,IFOAMSIMAINTEN.BND A,v. 09-30-94 -3- .lilSUi .IlC:::: CoillDanv of t.:.~~ \\lest nOMë OPPIC,,: S"'" QlëG::J. CAlIPOANIA I POVt:::r. 0;:: ¡.TTOrn,;::\' XIIO\'.' "lL MEN BY THSßë' PRESENTS: ThaI INSURANCE COMPANY 0;: THS VlEST. . Co,poralion dulv oU'M"Ud ond a,i'Un under Ina 'ow, 01 1M Sla'a 01 CALI;:ORN'A and hov,ng ilS o"ncrpal otHce in 1M Cuy 01 San Oja90, C.'¡Õomia, coo, ho,ooy nom,nolag co""'lUta ana oppolnl: James B. Binder, R.W. Smith, R.k. Moore' Robin:M. Belson and Anne E. strieby il> Ituo and lowlu' A"ornay(s).in-Fac'. wjlh lu'll oowsrond oUlho,;I)' :haraby conlo((od in il> nome. ploca and "aed, 10 'exocula, sa ai, ac'nowladga and ds);var any and ~II bonds, undanakin9s, rac09",zanca, or olhar wriOon obl/9alions in 'he nalUts' IhotoO;. This Powal 01 A(Iomay is granladand is sipnod and sealed by lacslmlla under and by Iha au'ho';IY 01 (ha following Rasolulion aoopled Ov Iha Board 01 DireclofSoilNSURANCé COMPANY OF THE WEST at a mae'ing duly called and hold on Ihe 161h day 01 AUGUST, 1991, whicfl. >aid Resolulion ho: nol boon omendsd or ,e.elndod and 0/ which Iha ¡oliowing is a Itua. rull.: and complela copy: . ... " .' -RESOll(=:O. Iha( 'he, Chairman 01 tha Board, tho Prasidahl. en Execu'iva Vica Pra;idan< or a Senior Vica Praside";, 01' tha' , Comoen¡-, ba, and IMt aach or ;<ny 01 Ihem is. auteo,;zed to execu'o Pawsrs 0/ A"omoy quslilying tha a"om~y named in 'I~'; oiven F-owel 01 AMrnay to execuls on be hall 01 the Company. bonds, undenÚing.. and eli conlracls 01 su,etyship: and Ihal a Vice Presioen'. en A>sislant Vice P,esident. a Sec'el&<1' a' an Assislant Sec'et2ty be, end tho' eech or any 01 Ihem hereby is, authorized '0 "'asl 'ha'execution 01 any such Power 01 AMrnay, end to '"ao"..I09re'0 ,he ,aal 01 ttea Co,,!pany. ;:ÙiiTHSi'I RSSOlVED. 'het Ihe signalUtes 0/ such officers and.lhe seal',,:" Ihe Ccimpa"y may be affix~d 10 any ,uc.' Paws' 01 A~o'ney °, 10 any canilicata relating <he,eto bv lacsimile. end any'such "ows, 01 Ano,noy or canilicalo bearing. such iacsimila si9OS<U«s a' lacsimila seal shall be valid end binding uoon the Company when 'so affixed and in Ihe rulu,e with respacI 10 any bond, undanakin, a' con"ac! 01 suretyshi," <a which if is acrached. . ' , FURTHSR RESOlVEO. Ihat the Altorney-in-Fact ma;.oe oiven ¡un o.ow.; 10 execule la, and in Ih. name 0/ and on behall 01 the Comoany an'; ana all aonds and unoanak,ngs as Ihe buSIness 01 <no Comoanv may ,eoui,e, and any such bonds cr ucdanakin,s axec"ta" oy sny such Allorney-in-Fac: shan be as binding ucon !ne Como any as il signed by an authorized oHice, 0/ Ihe Comp~ny,' I" WITN!õSS WH!õREO~, INSURANCE COMPANY 0;: THE WSST has C4used ifs ollielal seal to be hereun:o aHixed and :ne,e p'esenes '" be SIgned by us ouiy aumo,ized o.iicars mes . ~ . ' ,IN¡SUr;1 (/ .IPANY OF THS WëST STAT"OFCAU;:ORNIA \:~ """I.~N='",: COUNTY OF S,,;< D:ëGO SS: '::;,."",-" O"hn '-- Hann~m, Sonia, Vice Pr.sideo< On this belo,e :ha sub,c,ioer. a Not.'Y' Public 01 'he St"e 01 Caliiornia, in and Ie: Ine Coun<" 01 San Diego. duty commissioned and aualilied. came John l. Hannum"Senior Vie« P,esident a/INSURANCE CO,,",PANY OF TH" WEST, :0 me person any <nown '0 ba :he individuai and oiiicor oesc,,"ed, in snd woo executed :he p"""ding inslrUmenl, and ne acxnowleoged :he exacution 01 the sama. and being oy me duly sworn. deposa,h and saith, tnat he is the said oiiicar 01 Ine Ca,"o'a"on aio,esaid. and (hal Ihe seal affixed (a :ne p,eceding inmument is <he Co'ootate Seal 01 :ne said Coroo,ation, and :nat <ha said Co'po,"'e Seal and his signalu," as such office, wa'e dulY aliixed and ,uascrioea :0 :he <aid inslrUmenl ay. the au(horiof and diraction 01 the said Corpor.,ion. . IN WITN=SS WHS.qEOF, I have he,eunlo 'el my hand and ailixed my Oliicial Seel, aI the Cify 0/ San o;ego. the aay and year ii", aoove wriuen, )o.à-~"- -- - '" ~ "'1 ~ l:'/'=~"" NORMA PO<TrER ' " ".-;~;jà, COMM. ""5'6<14. § z li~",,~,~,-' No<ctYPubllc-Cclil"mia ~ ; ~ ,""< OtEGO COUNTY ~""..- Myco-.,m.e"Pi""JIV'I 14.1'196 f ~----------- Y; ¡f)) J)1U J ~1 . -:;;; I ¡j /-L.> ~TATE OF C':'U;:ORNIA COUNTY OF SAN GiEGO S5: Notary Pualio I. :M undersigned, E. Harned Davis, Vi"" Presidsn, 01 INSURANCE COMPANY OF Tn: VlESï, do hereay certily Ih.. th. o"g,oal POW!õii OP ;. ITORNëY, 01 wnich the loregoing is a luii. Itue and c.orrael copy, is in lull lor"" and .iiee:, and h" nol "een ,e"D'.d. tN WITNSSS Wné.'iEOF, I havs hereunlo subsctioed my name as Vic.s p,..iden<. and eHixed Ihe Co'p°,"te Seal 0/ loe Corpo,""on.,:his II~~ day 01 ~,,<-obe,.,... t9 q'{ .' ,..,,-~' ""-";."~'-\' (; """'" )"" ,\ {,~ .- 0 ~ I :~: ~""."" Î ~ INSUÀANCE COMPANY OF ïHE \'/EST ¿::~-{~f ¿fi . v E. ;-wned Davis Vice ~'",<c'n' IC',': C"'.c :-