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Costco Landscaping CorrespondenceFL City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax (406)758-7758 October 26, 2005 Mr. Jay Clark Project Manager Ferguson Construction 7433 5th Ave South Seattle, WA 98108-0867 Re: Costco Landscaping, Kalispell, Montana Dear Jay: It was a pleasure to meet with you today and review the landscaping at Costco. The landscaping at Costco is certainly a job well done and I appreciate the efforts and hard work put forth on this job to meet the city requirements. This letter is to serve as approval that the Costco development has met the landscaping requirements as set forth by the City of Kalispell, allowing for the bonding and/or letter of credit to be released if applicable. Please note that the trees and landscaping are under a warranty period and should they die within this time frame, the developer will be responsible for replacement. . Again, thank you for the attention and detailed performance in regards to the landscaping. It has been enjoyable working with you, if you have any concerns or questions please give me a call. Sincerely qc Micha Baker, Director cc: Narda Wilson, Kalispell Planning P.J. Sorensen Carol Kostman Frank Castles, Public Works City of Kalispell 4 Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax (406)758-7758 s_ October 26, 2005 Mr. Jay Clark Project Manager Ferguson Construction 7433 5th Avenue South Seattle, WA 98108 Re: Costco Landscaping, Kalispell, Montana Dear Mr. Clark, I am releasing Landscape Improvement Bond as the Landscaping has been completed and approved by the City of Kalispell. Sincerely, Carol L. Kostman City Treasurer Enclosures: 1 cc: James H. Patrick, City Manager Theresa White, City Clerk Amy H. Robertson, Finance Director Charlie Harball, City Attorney James C. Hansz, Director of Public Works Frank Castles, P.E., Assistant City Engineer Tom Jentz, Director Planning Dept. Narda Wilson, Senior Planner, Planning Dept. i.�• • 1.. .. _. - - r w vi C,j ! L,` ,, LANDSCAPE IMPROVEMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we, Ferguson Construction Inc. as Principal, and Travelers Casualty and Surety Company of America, a Corporation organized and doing business under and by virtue of the laws of the State of Connecticut and duly licensed to conduct general surety business in the State of Montana as Surety, are held bond unto City of Kalispell as Obligee, in the sum of One Hundred Sixteen Thousand One Hundred and Twenty Five and no/100 ($116,125.00) dollars for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: Whereas, the above named Principal entered into to an agreement or agreements with said Obligee for Landscaping at Highway 93 and South Road and South Road Asphalt Trail at the Costco site in Kalispell, Montana. NOW THEREFORE, the condition of this obligation is such that if the above Principal shall well and truly perform said agreement or agreements during the original Bond Term this obligation shall be void, otherwise it shall remain in full force and effect. The Liability under the bond is for a period of one year from 10/19/05 to 10/19/06. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney -in- Fact at Seattle, Washington, this 19th day of October, 2005. Ferguson Construction, Inc. 7433 5th Ave S-. Seattle, WA 98101 By: ennett V.P. Finance of .. C9 ° -4 SURETY: Travelers Casualty and Surety Company of America By: Attorney -in -Fact TRAVELERS CASUALTY AND SURETY COMPANY OF ANMRICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Mark A. Jensen, Victoria B. McBride, Carrie Ester, Paula M. McCoy, of Seattle, Washington, their true and lawful Attomey(s)-in-Fact, with fall power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any. Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-i-Fact and Agents pursuant to the power pre spribeti in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and bindapg upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (02-05) Unlimited -DISCLOSURE NOTICE-- - RANCA COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term pro- gram under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act fur- ther provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of cov- ered losses caused by certain acts of terrorism which is in excess of an in- surer's statutorily established deductible for that year. The Act also caps the amount of terrorism -related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in cov- erage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbed- ded in your overall premium, and is no more than one percent of your pre- mium. ILT-1018 (9/04) City of Kalispell Post Office Box 1997 -Kalispell, Montana 59903-1997 - Telephone UNW7rQ 71^^ „-- October 26, 2005 Mr. Jay Clark Project Manager Ferguson Construction 7433 5th Ave South Seattle, WA 98108-0867 Re: Costco Landscaping, Kalispell, Montana Dear Jay: I (-f USA Y��[�►r� 1 � 5 'J"' Cot1S�Ytt � btu -7133 '5 t") A S 3Ogl_jtz WA 7810'd wc)i�_ is It was a pleasure to meet with you today and review the landscaping at Costco. The landscaping at Costco is certainly a job well done and I appreciate the efforts and hard work put forth on this job to meet the city requirements. This letter is to serve as approval that the Costco development has met the landscaping requirements as set forth by the City of Kalispell, allowing for the bonding and/or letter of credit to be released if applicable. Please note that the trees and landscaping are under a warranty period and should they die within this time frame, the developer will be responsible for replacement. Again, thank you for the attention and detailed performance in regards to the landscaping. It has been enjoyable working with you, if you have any concerns or questions please give me a call. Sincerely qC Micha Baker, Director cc: Narda Wilson, Kalispell Planning P.J. Sorensen Carol Kostman Frank Castles, Public Works