HomeMy WebLinkAbout06 - Parcel Map NP2002-014 Coast HighwayCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 6
March 11, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Gail P. Pickart, P.E.
949 - 644 -3311
red monston @city. newport- beach.ca. us
SUBJECT: APPROVAL OF AGREEMENT AND BONDS FOR PARCEL MAP NO.
NP2002- 014 — 3100 AND 3150 WEST COAST HIGHWAY
RECOMMENDATION: Approve an Agreement and accompanying security (Bonds)
guaranteeing completion of public improvements on Avon Street required as a condition
of approval of Parcel Map No. NP2002 -014, and authorize the Mayor and City Clerk to
execute the Agreement.
DISCUSSION:
On June 5, 2002, the Modifications Committee conditionally approved Parcel Map No.
2002 -014, which covers the properties at 3100 and 3150 West Coast Highway, the
closed Auto Bistro food facility and adjacent auto sales building. A condition of
approval requires the subdivider to construct an 80 -foot long, half -width westerly
extension of Avon Street. The extended street improvements will facilitate vehicular
circulation through the property between Avon Street and West Coast Highway.
The subdivider, Robins Properties, wishes to record the Parcel Map before completing
the required Avon Street extension improvements. An Agreement and accompanying
security (a faithful performance bond and for labor and materials payment bond) have
been executed by the subdivider to guarantee completion of the required public
improvements subsequent to map recordation. The bonds are each in the amount of
$15,000, which is the estimated cost of the half -width street improvements. The
subdivider agrees to build full -width street improvements and the City will reimburse the
subdivider up to a maximum of $15,000 upon satisfactory completion of the other half -
width.
Staff recommends this reimbursement arrangement because of the benefit to overall
traffic circulation in the vicinity by extending Avon Street and because the property on
the northerly side of Avon Street consists of a relatively steep slope and the residence
above takes access from Cliff Drive. Therefore, it is very unlikely the northerly property
SUBJECT: Approval of Agreement and Bonds for Parcel Map No. NP2002 -014
March 11, 2003
Page 2
owner will ever be in a position to complete half -width street improvements along their
frontage. An Exhibit is attached for reference.
Funds for the City's share of the improvements are available in the following account:
Description Account No. Amount
Transportation and Circulation Fund 7261- C5100697 $15,000.00
Environmental Review: This project is categorically exempt from the requirements of
the California Environmental Quality Act (CEQA) under Class 15 (Minor Land
Divisions).
Prepared by:
Gail P. Pickart, P.E.
Project Manager
Submitted by:
Stephen G. Badum
Public Works Director
0 25 50 75 10p e
®Feel Vicinity Map
veaumvrtom ava�u�awv m.a
3100 & 3150 Coast Hwy W
Parcel Map No. NP2002 -014
(PA2002 -86, County Map No. 2002-154)
•
AGREEMENT
FOR
CONSTRUCTION OF IMPROVEMENTS
PARCEL MAP NO. 2002-154
THIS AGREEMENT, made and entered into this 17th day of January 2003, by and
between Sterling Motors LTD, a California Corporation, hereinafter referred to as
BUYER, whose address is 3100 West Coast Highway, Newport Beach, California;
Robins Properties, a California Limited Partnership, hereinafter referred to as
SUBDIVIDER, whose address is 2060 Harbor Boulevard, Costa Mesa, California and the
CITY OF NEWPORT BEACH, a municipal corporation, organized and existing under
and by virtue of its Charter and the Constitution and the laws of the State of California,
hereinafter referred to as "CITY ".
WITNESSETH
WHEREAS, SUBDIVIDER proposes to subdivide land within the City of
Newport Beach to be known Parcel Map No. 2002 -154, (hereinafter the "Subdivision ")
pursuant to provisions of the Subdivision Map Act of the State of California and the
CITY's ordinances and regulations relating to the filing, approval and recordation of
subdivision maps, collectively referred to in this Agreement as the "Subdivision Laws';
and
WHEREAS, Subdivision has been approved, subject to the Subdivision Laws
and to certain requirements and conditions of approval, which are incorporated into this
Agreement by reference ( "Conditions of Approval "); and
WHEREAS, SUBDIVIDER and BUYER have entered into an agreement
wherein BUYER will purchase certain real property more commonly known as 3100 &
3150 West Coast Highway, Newport Beach, California from SUBDIVIDER who will
cause the entire parcel to be subdivided into two approximately equal parcels for the
benefit of BUYER, and in accordance with the agreement, SUBDIVIDER assigns to
BUYER the obligation to construct public improvements required as conditions of
approval.
WHEREAS, in consideration of approval of the Subdivision by the CITY,
SUBDIVIDER and BUYER desire to enter into this Agreement, whereby BUYER
promises to install and complete, at BUYER's own expense, street and other public
improvement work required by the conditions of approval in connection with the
proposed subdivision, (the "Improvements ") which Improvements, without limitation by
enumeration consists of:
Curb and gutter, street pavement, sidewalk, and retaining wall.
The above description of items is understood to be only a general description of the
Improvements, and not a binding description.
WHEREAS, City, SUBDIVIDER and BUYER understand and agree that
construction of the Improvements shall not commence until after BUYER purchases from
SUBDIVIDER all of the Subdivision.
DATED 01 -17 -07
Agr=ComWn f
WHEREAS, complete plans for the construction, installation and completion of
the Improvements shall be prepared by BUYER and approved by the City Engineer, (the
"Improvement Plans "). All references in this Agreement to the Improvement Plans shall
include reference to any specifications for the Improvements as approved by the City
Engineer; and
WHEREAS, SUBDIVIDER recognizes that by approval of the map for the
Subdivision, CITY has conferred substantial rights upon SUBDIVIDER and BUYER,
including the right to sell, lease, or finance lots within the Subdivision, and has taken the
final act necessary to subdivide the property within the Subdivision. As a result, CITY
will be damaged to the extent of the cost of installation of the Improvements by
BUYER's failure to perform its obligations under this Agreement, including, but not
limited to, BUYER's obligation to commence construction of the Improvements by the
time established in this Agreement. CITY shall be entitled to all remedies available to it
pursuant to this Agreement and law. It is specifically recognized that the determination
of whether a reversion to acreage or recision of the Subdivision constitutes an adequate
remedy for default by the BUYER shall be within the sole discretion of the CITY; and
WHEREAS, the provisions of Section 19.16.160 of the Newport Beach
Municipal Code provide for an Agreement containing certain provisions as hereinafter set
out.
NOW THEREFORE, in consideration of their mutual promises, the Parties
hereto agree as follows:
1. SUBDIVIDER and BUYER agree to comply with all requirements of the
Conditions of Approval and with the provisions of the Subdivision Laws.
2. BUYER agrees to complete all Improvements in accordance with
Improvement Plans approved by the City Engineer, including all
improvements required by the Municipal Code, which were not
specifically waived by the Planning Commission or City Council
approving the subdivision, plus any additional improvements required by
the Planning Commission or City Council as a condition of approving the
subdivision.
BUYER agrees to commence the Improvements within a period of thirty
six (36) months ffbm the date hereof; and complete same in a normal time
frame, unless delayed or restricted by any regulatory authority or other
conditions beyond Buyers control, or unless the time is extended by the
CITY upon written application of the BUYER The making of an
application for an extension of time by the BUYER shall, upon the
granting of the application by the CITY, constitute a waiver by the
BUYER of all defenses of laches, estoppel, statutes of limitations, and
other limitations of action in any action or proceeding filed by the CITY
within the period of four (4) years immediately following the date to
which the time of performance was extended.
3. The Improvements shall be completed to the satisfaction of the City
Engineer of CITY, and BUYER shall pay the costs of inspection of the
work in accordance with the established schedule of charges for inspection
heretofore adopted and on file in the office of the Public Works Director.
DA= 01 -17 -03 2
AS a Comil Mf
4. If BUYER shall fail to complete the Improvements within the period set
out above, or fails to reimburse the CITY for the cost of inspection, CITY
may resort to any security deposited by BUYER in accordance with
Section 19.16.170 of the Newport Beach Municipal Code or call upon the
surety for BUYER to pay for the Improvements or to supply the money
for the completion of the Improvements in accordance with this
Agreement and the provisions of the Newport Beach Municipal Code.
BUYER shall also be responsible for the Improvements and the cost
thereof.
5. It is further understood and agreed that upon default of any obligation
hereunder, and at any time any such default, the CITY may make written
demand upon the BUYER or surety or both to immediately remedy the
default or complete the work. If the remedial activities or completion of
work are not commenced within seven (7) days after such demand is made
and are not thereafter diligently prosecuted to completion and fully
completed with thirty (30) days after the making of such demand (or such
other time as may be contained in said demand), the CITY may then
complete or arrange for completion of all remaining work or conduct such
remedial activity as in the sole judgment of the CITY may be required, all
at the full expense and obligation of the BUYER and BUYER's surety and
all without the necessity of giving any further notice to the BUYER's or
surety before the CITY performs or arranges for performance of any
remaining work to complete the Improvements, and whether the BUYER
or surety have constructed any of the required Improvements at the time.
In the event the CITY elects to complete or arrange for completion of
remaining work and improvements the City Engineer, upon such election,
may require all work by the BUYER or surety to cease in order to permit
adequate coordination by the CITY for completing any remaining work
and improvements not yet completed.
6. BUYER shall at all times guarantee BUYER's performance of this
Agreement by furnishing to CITY security in the amount of Fifteen
Thousand ($15,000) Dollars to guarantee the performance of this
Agreement. The BUYER shall provide security in the amount of Fifteen
Thousand ($15,000) Dollars to guarantee payment to any contractors,
subcontractors, and persons furnishing labor, materials and equipment to
them for the performance of the work herein described. Said security shall
be in the form of Bonds.
7. The BUYER promises and agrees to maintain all of the Improvements to
be constructed under this Agreement in a state of good repair, until all of
the work and Improvements are completed and accepted by or on behalf of
the CITY and until the security for the performance of this Agreement is
released. Maintenance of the Improvements shall include, but shall not be
limited to, repair of pavements, curbs, gutters, sidewalks, parkways,
sewers, and removal of debris from sewers and storm drains; and shall
also include, but not be limited to by this enumeration, sweeping, repairing
and maintaining in good and safe condition all streets and street
improvements. Upon failure of the BUYER to properly maintain, the
CITY may do all necessary work required by this paragraph, the cost
DATED 01 -17-03 3
AgrwCon mpnf
thereof being chargeable to the BUYER and his surety under this
Agreement.
8. The securities required by this Agreement shall be released as follows:
a. Security given for faithful performance of any act, obligation,
work or agreement shall be released upon the final completion and
acceptance of the act or work.
b. Security given to secure payment to the contractors, his or her
subcontractors and to persons furnishing labor, materials or
equipment shall, six months after the completion and acceptance of
the work, be reduced to an amount equal to the total claimed by all
claimants for whom liens have been filed and of which notice has
been given to the legislative body, plus an amount reasonably
determined by the City Engineer to be required to assure the
performance of any other obligations secured by the Security. The
balance of the security shall be released upon the settlement of all
claims and obligations for which the security was given.
9. Neither SUBDIVIDER or BUYER nor any of SUBDIVIDER's or
BUYER's agents or contractors are or shall be considered to be agents of
the CITY in connection with the performance of SUBDIVIDER's or
BUYER's obligations under this Agreement.
10. BUYER guarantees and warranties the Improvements for a period of one
year following completion and acceptance of the Improvements, against
any defective work or labor done to construct the Improvements or
defective materials furnished.
11. Indemnity/Hold Harmless. CITY or any officer or employee thereof shall
not be liable for any injury to persons or property occasioned by reason of
the acts or omissions of BUYER, its agents or employees in the
performance of this Agreement. BUYER further agrees to protect, defend,
indemnify and hold harmless CITY, its officials and employees from any
and all claims, demands, causes of action, liability or loss of any sort,
because of, or arising out of, the negligent or intentional acts or omissions
of BUYER, its agents or employees in the performance of this Agreement,
including all claims, demands, causes of action, liability, or loss because
of, or arising out of in whole or in part, the design or construction of the
Improvements. This indemnification and agreement to hold harmless shall
extend to injuries to persons and damages or taking of property resulting
from the design or construction of said subdivision, and the public
improvements as provided herein, and in addition, to adjacent property
owners as a consequence of the diversion of waters from the design or
construction of public drainage systems, streets and other public
improvements. Acceptance by the CITY of the Improvements shall not
constitute an assumption by the CITY of any responsibility for any
damage or taking covered by this paragraph.
12. CITY shall not be responsible for the design or construction of the
subdivision or the Improvements pursuant to the approved Improvement
Plans or map, regardless of any negligent action or inaction taken by the
DAi 01.17 -03 4
CITY in approving the plans or map, unless the particular improvement
design was specifically required by CITY over written objection by
BUYER submitted to the City Engineer before approval of the particular
improvement design, which objection indicated that the particular
improvement design was dangerous or defective and suggested an
alternative safe and feasible design. After acceptance of the
Improvements, the BUYER shall remain obligated to eliminate any defect
in design or dangerous condition caused by the design or construction
defect, however BUYER shall not be responsible for routine maintenance.
It is the intent of this section that BUYER shall be responsible for all
liability for design and construction of the Improvements installed or work
done pursuant to this Agreement and that CITY shall not be liable for any
negligence, nonfeasance, misfeasance and malfeasance in approving,
reviewing, checking, or correcting any plans or specifications or in
approving, reviewing or inspecting any work or construction. The
Improvement security shall not be required to cover the provisions of this
paragraph.
13. If the BUYER and the surety fail to install all or any part of the
Improvements required by this Agreement within the time set forth herein,
or fail to comply with any other obligation contained herein, they shall be
jointly and severally liable to the CITY for any administrative expenses
and attorney's fees and costs incurred in obtaining compliance with this
Agreement and any such expenses and fees incurred in processing any
action for damages or for any other remedies permitted by law.
IN WITNESS WHEREOF, SUBDIVIDER and BUYER have executed this
Agreement and the CITY OF NEWPORT BEACH has caused its corporate name and
seal to be affixed by its Mayor and City Clerk thereunto duly authorized as of the day and
year first above written.
CITY OF NEWPORT BEACH,
A in'unicipal corporation
IM
Mayor
ATTEST: SUBDIVIDER
Robins Properties,
a Califfo�o% Limited P nership
City Clerk By: ` ✓4 ` ^ 1 4
Theoc%re Robins, Jr., Peneral Partner
APPROVED AS TO FORM: BUYER
Sterling -MoJ6 LTD,
a Califo ora
orp f�
City Attorney By. I �C.�- !lz - G ✓�_
DATM01 -17-03 5 Wayne Minor, President
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"INDEMNITY AGREEMENT"
This Indemnity Agreement ( "Agreement ") is made and entered on this 17th day of January
2003, by and between Sterling Motors Ltd., a California Corporation, hereinafter referred to
as "Sterling ", and Robins Properties, a Limited Partnership, hereinafter referred to as
"Robins ".
1. The City of Newport Beach has requested that Robins and Sterling sign an
"Agreement for Construction of Improvements Parcel Map 2002 -154" ( "Construction
Agreement ") as a condition for the approval of Parcel Map 2002 -154. A copy of the
Construction Agreement is attached hereto as Exhibit "A ".
2. Sterling agrees to protect, defend, indemnify and hold harmless Robins, its partners,
personal representatives, agents, attorneys, employees, successors and assigns from
any and all claims, demands, causes of action, liability or loss of any sort because of�
or arising out of any failure by Sterling to perform its obligations as set forth in the
Construction Agreement.
3. This Agreement shall be binding upon and inure to the benefit of the respective heirs,
successors, assigns, and personal representatives of the Parties.
4. This Agreement constitutes the entire agreement between the Parties concerning
indemnity as related to Parcel Map 2002 -154.
5. This Agreement shall not be amended or modified except in a writing signed by each
of the Parties affected by such amendment or modification.
6. If any action at law or equity is necessary to enforce the terms of this Agreement, the
prevailing party shall be entitled to reasonable attorney's fees and costs in addition to
any other relief to which it may be entitled.
7. The Parties agree to execute and any and all additional documents reasonably
necessary to complete and document this transaction.
STERLING MOTORS, LTD.,
a Cal' is Corporation
i
(Signature)
By: cam: IjA r
(Pnnt Name)
3f-8: l3rr <, d, „
(Print Title)
DATED ot,i7�
I"de qA�
ROBINS PROPERTIES,
a California Limited Partnership
c w iV�1�
(Signature)
By: Theodore Robins, Jr.
(Print Name)
Its: General Partner
(Print Title)
BOND #9307667
CITY OF NEWPORT :1 s VLE4 : •-ue► :•►�
WHEREAS, the City Council of the City of Newport Beach, County of Orange, State of California, and _S.t:erl i n9
Motors. LTD , hereinafter designated as "Principal," are about to or have entered into an agreement pursuant
to the State of California Subdivision Map Act and the Newport Beach Municipal Code whereby Principal agrees to install and
complete certain designated public improvements which said agreement, dated January 17 , 200 3 , and identified
as Agreement for Construction of Improvements (Resubdivision/Tract No. P.M. 2002 -154 ), is hereby referred to and made
a part hereof (the "Agreement ") ; and
WHEREAS, Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of
the Agreement
FEDERATED MUTUAL
NOW, THEREFORE, We the Principal and INSURANCE CCMPANY as surety whose place of business is
� N , a corporation organized and doing business under and by virtue of the laws of the State of MZNNES07'A and
duly licensed by the State of California for the purpose of making, guaranteeing, or becoming sole surety upon bonds or
undertakings required or authorized by the laws of the State of California, are held firmly bound unto the City of Newport
Beach and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the
Agreement in the penal sum of Fi ftPan Thnucand Dollars ($15,000), lawful money of the United States, for the payment
of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and
severally, firmly be these presents.
The condition of this obligation is that if the above bound Principal, his, her or its heirs, executors, administrators, Successors,
or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and
provisions in the Agreement and any alteration thereof made as therein provided, on his, her or their part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and
shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall
become null and void; otherwise, it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs
and reasonable expenses and fees, included reasonable attorney's fees, incurred by City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgement rendered.
The Surety and Principal further agree in the event the work and improvements are not completed with the time
allowed by the said agreement or any extensions thereof as may be granted by the City, the City may, at its option, and in
addition to any other remedies available by law, complete or arrange for completion of the work and improvements, and all
costs and expenses therefor shall become a debt due and owing said City, as set forth in the Agreement. ...
The Surety hereby 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 anywise affect its
obligations on this bond and it does hereby waive notice of any change, extension of time, alteration or addition to the terms of
the Agreement, or to the work, or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named on
FEBRUARY 4 .200 3
Approved as to vffi y:
zup4s Director
Approved as to Form:
City Attorney
F:% Users %PBVVZHoffstadt\AG %SUBD- PER.BND
Q„ STERLING MOTORS, LTD
BOND #9307867
CITY OF ••-
WHEREAS, the City Council of the City of Newport Beach, County of Orange, State of California, and
Sterling Motors 1TD hereinafter designated as "Principal," are about to or have entered into an agreement pursuant to the
State of California Subdivision Map Act and the Newport Beach Municipal Code whereby Principal agrees to install
and complete certain designated public improvements which said agreement, dated January 17 2003
and identified as Agreement for Construction of Improvements (Resubdivision/Tract No.P.M. 2002 -154 ),
is hereby referred to and made a part hereof (the "Agreement "); and
WHEREAS, under the terms of said agreement, Principal is required, before entering upon the performance
of the work, to file a good and sufficient payment bond with the City of Newport Beach to secure and guarantee
payment to any contractors, subcontractors and persons furnishing labor, materials and equipment for the
performance of the Agreement.
FEDERATED MUTUAL
NOW, THEREFORE, We the Principal and INSURANCE CCMPANY as surety whose place of business is
MINNESOTA a corporation organized and doing business under and by virtue of the laws of the
State of MINNESOTA and duly licensed by the State of California for the purpose of making, guaranteeing, or
becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California, are
held firmly bound unto the City of Newport Beach and all contractors, subcontractors, laborers, materialmen, and
other persons employed in the performance of the aforesaid Agreement in the penal sum of
Dollars ($15,000 ) for equipment and materials fumished or labor thereon of any kind, or for amounts due
under the Unemployment Insurance Act with respect to such work or labor, that Surety will pay the same in an
amount not exceeding the amount hereinbefore set forth, and also if suit is brought upon this bond, will pay, in
addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees
incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as
costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,
companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of
Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this
bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void;
otherwise, it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on
this bond, and it does hereby waive notice of any such change, extension, alteration or addition.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above
named on . 2003 .
FEBRUARY 4
By STERLING MOTORS, LTD
(rincip I
Principal
Approved as to S Eien
i
Pubk Director
Approved as to Form:
City Attomey
F:\ Users \PB\MDHo ffstadt\A G \S U B D•L& M. B N D
FEDERATED MUTUAL INSURAP CCMPANY
Sur
H P 'ATTORNEY -IN -FACT
POWER OF ATTORIN- Y
KNOti+ A L L N BY THESE PRSL�1 iS:
T „r F=- Rk= bfU-i AL INSURANCE COMP -`+Y, a corporation duly cr--r � - =d and e.ss as
under ae lz-rtvs of the Stue of ivfi nesorw and havens its prac:,al oar_ in the Ciry of Owatonna. St:= of
ti_rirnesot` does he ebv cot -d=e and atmoina
LARRY H PIERCE of the Ciry of OWATON A S =2
of MINNESOTA its true and lawful attornev for the followinE pt--
eses:
To $ice its name as s r---v to, and to e. e- is a:Ei the se_l, ac mowiei °_e_ and deldver any and all s:ri--y
bonds and p=-.1zes not esc = =dmg
ONE HUNDRED THOUSAND DOLLARS ($100,000) EACH
STERLING MOTORS, LTD NEWPORT BEACH, CA
The of suca bonds or under�-I,-Lzs in c=-unnc of these ram enr5 shall be bindius urea :he
Company as of acy bad 'been e-° a and ac: owlei5 by the rznlariv e:e-;i one =:s of the Company.
finis Powc of A. oraev mated 'ov Fete --n d Mun al Iestr..nc Comnaav stall term'' ar° whet the
dc:::M c c =5e to be:
1) Employed by Mum--ii Iarr --.ncc Company or
Fmrleyei by F ieirc_ ifmnal Lzurmc Compauv in a job for whir- suet Powe- Of
A=rm u
A=rmy is =uir, -.
N CviT 4ESS Wr” EOF, the said F=R= =1 UAL LNSTO -?1ICE COMP A-NY has caused
tSL, to be sizzcd and as ca_ r craft set to be by to --jCve Vic= P_=sia== and P.Ss snni
Sd===^iaistile 22ND day of JUNE 2000
F--E2 ?= h 1 JAI.. LNS J- An`iC_ CrJMPP VY"
BY
(=J T) c_..- -n:ivc 4 icz Pr=:1ideat
and BY �' T—a
Pssistanr
ST1i= OF 1vMN +rSOTA
COTJNTY OFSt =7F.
On the 22ND day of JUNE 2000 personally anpeat-ed before me, the unde:siaed uotaty
public Sarah L Bi-rzou and David W Ramsev to me pe souaLy lmown, who, each being duly sv/orn by me, did say
that they are the F:_=.rove Vice P7esident and ALsisz:nt Se- -mry of the =E2. lcD M7_ri'uFr
LNM- -R-NCF CO2vLPANY and that the seal ai -red to this insuument is the corps orate seal of said Corporation and
tbai the is: meat was sigaed and sealed of behalf of said Corporation by aurhority of its Board of Direcors grid
said Sa-„ h L B=oon and David W Ramsey a6mowleds_c said mm --meat to be the free act and deed of said
corporation.
} KELLY J. HAGEN .
$ wT? mU .41NNESOTA
NT C0M.L --0N EW➢ .S 1.11 -]m5
.1
ACKNOWLEDGMENT OF CORPORATE SURETY
STATE OF MINNESOTA
COUNTY OF STEELE
On this 4TH day of FEBRUARY 2003 before me,
a Notary Public within and for said County, personally appeared LARRY H PIERCE , who being
first duly sworn, says that he /she is the attorney -in -fact of Federated Mutual Insurance Company Surety herein,
a Corporation duly organized and existing under laws of the State of Minnesota, and executed the foregoing
instrument for and in its behalf, by authority of its Board of Directors; that the seal affixed to the foregoing
instrument is the corporate seal of said corporation; and further acknowledged said instrument and the
execution thereof to be the voluntary act and deed of said corporation.
i
LISA ROUSHAR
Is tMARY PUBLY. 46MESM
tfY CODUISS10N apps ea1•:sos
NM MP FA A
(NOTARIAL SEAL)
8F -21 Ed. 11 -88
NOT A PUBLIC, STEELE COUNTY
MY COMMISSION EXPIRES
JANUARY 31, 2005