The URL can be used to link to this page

28227 BONDS & INFORMATION ~ RESOLUTION NO. 1 1088 ' BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON IN THE MATTER OF ESTABLISHMENT ) . OF SONORA STREET ) RESOLUTION - COUNTY ENGINEER'S ROAD FILE NO. 2304 ) ESTABLISHIV.[ENT No Assessor's Tax Parcel NumUer Assigned - Public Roadways This being the day set for the hearing on Spokane County Engineer's Report on the proposed establishment of SONORA STREET, proceedings for which were initiated by PRELIMINARY RE50LUTION NO. 1-0987, and it appearing to the Board onproof duly made that Notice of Hearing was published and posted in the manner and for the time required by law, and the Board after examining the report and maps of the Spokane Counry Engineer and all claims and papers on file and after hearing all other evidence adduced at the hearing; and IT FURTHER A.PPEARING that the rights of way have been dedicated as public roads, 38 feet wide, and that said road is a public necessity and the same should be opened and established as Counry road. THEREFORE BE IT RESOLVED by the Board of County Commissioners of Spokane County, Washington, that the hereinafter described road as reported by the Spokane County Engineer on the 6' day of November, 2001, being more particularly described as follows: SONORA, STREET - 38 foot wide right of way, from the north right of way line of Valleyway Avenue north to the south right of way line of Alki Avenue of Valleyway Addition. Located in the Southwest Quarter (SW 1/a) of Section 13, Township 25 North, Range 44 East, W.M. and as shown by the records and maps on file in the Office of the Spokane County Engineer be and the same hereby is established as County road and the same shall be known as SONORA STREET, Road File No. 2304. The road supervisor of the road district in which the said road is located is hereby directed to open and maintain the same for public use and travel. , APPROVED BY THE BOAR h day of November, 2001. Co"tss BOARD OF COUNTY COMMISSiONERS ~E c~Ci 'L 4'~ •;E,A' f~ ~~'.yo N OF SPOKANE COUNTY, WASHINGTON ~ . . ~ ~ij - v'.4. • . CEAI. ~ L D. ARRIS, CHAIR C~ ATTEST: VICKY M. DALTON f - CLERK OF THE BOARD , (t ~ • ' - M. KATE ~1LIN, VICE-CHAIR DANIELA ERICKSON, DEPUTY , JOAf~1f&./ROSKELLEY 11p1reslcsArR304 sonora 2001 j . dat\engrist.exam / . ~ i~ S O K A N E C O U N T Y DNISION OF ENGIINEERING AND ROADS A DNISION OP THE PUBLIC WORKS DEPARTMENT October 4, 2001 United Security Bank 9506 N. Newport HWY Spokane, WA 99218 RE: Letter of Credit Number 41 for Residential Construction of Valleyway Addition P 1797 Dear Sir or Madam: Please be advised that the Letter of Credit Number 41 dated March 29, 2000 issued by your company as surety for installations of roads and associated drainage facilities for the above mentioned plat in the remaining current amount of $10,200.00 may now be . released in full effective immediately. The project roads have been established and the warranty period has expired. This final release should close out the aUove referenced savings certificate. If you have any questions, please call me at (509) 477-3600. Sincerely, '/'ZZ John Hohman, PE Development Services Engineer/Manager cc: Sandy Kimball Randy Stmnks File Post-it' Fax Note 7671 Date ~ • f p~Z y~01 P9fPs ► To r• a J ~ ~e From / CoJDept. Dt v . Co.c Phone # `~Ru4dnC ~-v • ~ Phone # Fax # 17 76 FaX # 17 7 3~00 1026 W. Broadway Ave. • Spokane, WA 99260-0170 •(509) 477-3600 FAX: (509) 477-7655 (2nd Floor) 477-7478 (3rd Floor) • TDD: (509) 477-7133 , - ~ . • ' DEVELOPER BOND REVIEW FORM Project Name: ~ . Project Number: Location: A7 ALio Sn,v w,& ~ - ~ ~ 'u~~~ . Original Bond Amount: ~6 -7 15 Original Bond Date: ~ ~ Bond Balance: Y4~ Bond # _ . REVIEW Last Review Date or Punch List Date: J Work Remaining to be Completed: - Reviewed by: Date: 161 ~ ;~&e Findings: J0o,al`-- , REC.OMMENDED ACTION: CR l.e ' elease Bond 2. Reduce Bond 3. Continue Bond Bv.• Date: 67 O rAction Taken: (Circle Action) 1. Release Bond Letter 2. Reduce Bond Letter 3. Continue Bond 4. None By: Date: . FOLLOW UP Follow up Schedufed: Comments: Files Updated Comments: Date: By: Files Updated Comments: Date: By: Files Updated Comments: Date: By: Fifes Updated Comments: Da#e: By: Files Updated Comments: . , Date: By: ' • e~ - . . PROGRESS REPORT Date Received Li D b . Pending File No. Road File No. ,r ' . ESTABLISHMENT VACATION CLOSURE ' OF IIaI/el„ W1 t', 1414: oy► . . . ~ Sectionj 3 Township 2.S N., Range Hq E. W.M. , ~ • ~ No.-IJ9 7 Addition of Subdivision Petitioned by' and others 0 Map to County Engineer . Ordered Inspection Inspected by Dist. Supervisor - Inspector Da~Irl Ev..~r,s E•,4,r, No. Residences Pole Lines Existing Surface Type & Width _4i/~ - 30-fb Curb ~ R ' Drainage Ro 'Fences Estimated Cost: Grade $ Drainage $ Surface $ - Total $ . Inspection Remarks: Plat Bond: In force . Released Plat OK Other Actions Necessary: Speed Cul-de-sac Vacation Dedication . , , ' 0 (check if applicable) . - ' Ct-~,l cLe. C-o--c-', . CONSTRUCTION ENGINEER: IEstablisluneyA milvl . 1~ RIGHT OF WAY SUPERVISOR: TRAFFIC ENGINEER: DEVELOPMENT SERVICES: UTILITIES ENGINEER: Co rn mcicr, o'I . ~ . OPERFIONS ENGINEER: . ASSISTANT COUNTY ENGINEER: . . , VACATIONS ONLY: Planning Division by , Remarks: - . . . • y' • . . .Q ~j' • . . • f , ~ • , ~ - ' - • • - . . • COUNTY ENGINEER'S ORDER: PROCEED HOLD . . . REMARKS: ~ ~ . S O K A N E IL C O U 1-4 T Y DMSION OF ENGINEERiNG AND ROADS A DMSION OF THE PUBLIC WORKS DEPA.RTMENT William A. Johns, P.E., County Engineer March 29, 2000 Kathy Evaneski Trevert Shelley United Security Bank 9506 N. Newport Hwy Spokane, WA 99218 Re: Reduction of Construction Performance Surety Letter of Credit No. 41 and Letter of Credit No. 40 ' YostJMarkely/Smith Valleyway Addition Spokane County Project #P-1797 . Gentlemen: Letter of Credit No. 41 in the uutial amount of $101,075.80 may be reduced to $10,200.00 (Ten Thousand Two Hundred and NO/100 US Dollars). Letter of Credit No. 40 in the initial amount of $9,500.00 may be released in its entirety. If you have any questions, please call Ed Parry, P.E. at 477-3600. ` Sincerely, William A. Johns, P.E. Spokane County Engineer ~OGi '`'`)f~ ~G. ~Willia~ir~H. Hemmings, P.E. Development Services Engineer/Manager ej pldevsrvcs\bondforms:release. doc 1026 W. Broadway Ave. • Spokane, WA 99260-0170 9 (509) 477-3600 FAX: (509) 477-7655 (2nd Floor) 477-7478 (3rd Floor) 9 TDD: (509) 477-7133 , Post-it~ Fax Note 7671 Date3&" A ip ge5► / From To e~G7k UG(•'7 , Co./D~ ` Co. !WO~. Phone # Phone Fax Fax # , ~s~~ ~~~P•~J~,s~ ~ ~ ~f _ - . d/A- f Ar is~ Wko- le 14 A& 10 March 29, 2000 Kathy Evaneski Trevert Shelley United Security Bank 9506 N. Newport Hwy Spokane, WA 99218 Re: Reduction of Construction Performance Surety Letter of Credit No. 41 and Letter of Credit No. 40 ' Yost/Markely/Smith Valleyway Addition Spokane County Project #P-1797 Gentlemen: Letter of Credit No. 41 in the initial amount of $101,075.80 may be reduced to $10,200.00 (Ten Thousand Two Hundred and NO/100 US Dollars). Letter of Credit No. 40 in the initial amount of $9,500.00 may be released in its entirety. If you have any questions, feel free to call our offce at 477-3600. Sincerely, William A. Johns, P.E. Spokane County Engineer /s/ Ed Parry, P.E. Plan Review Engineer cc: Richard Baiter (via faac - 536-4072) ej p\devsrvcs\bondforms :release. doc L y ~ Pa rry, Ed I i From: Faxination Sent: Wednesday, March 29, 2000 4:37 PM To: Parry, Ed Subject: Fax sent (1 p) to "@9,4650255 Your Fax with subject: P1797 - UC reduction & release Sent to '9,4660255' Addressed to 'Kathy Evaneski' was successfully transmitted! Explanation: Operation completed with no errors. (0) 4-SoJbmitted at: Wed Mar 29 16:37:42 2000 tt~;r.~'~ent: 1 Number of attempts: 1 Dur~tioh: 27 seconds Transmission speed: 14400 baud Gateway ID: 0 Job Reference: 02C513 Modem I D: 2 Page 1 'a A OFFICE OF THE COUNTY ENGINEER SPOI{ANE COUNTY, WASHINGTON TO: BILL HErIlKINGS FROM: DAVE BERTO DATE: May 10, 1999 SUBJECT: BOND ITEMS P1797 VALLEY WAY ADD The bond for the above mentioned project is for the following items: 1) All the items on the approved road and drainage plans with the exception of the sod for the "208" Swales. 2) A separate bond for inspection was also issued. ~ 11 79 7 ~ USB UNITED SECURITY I IIIIIBANK We're Banking On Our Community Resources LTNITED SECURITY BANK Member F.D.I.C. 9506 N. NEWPORT HWY SPOK:ANE, WA 99218 (509) 468-4655 ' IRREVOCABLE STANDBY LETTER OF CREDIT MARCH 29, 1999 BENEFICIARY: APPLICANT: SPOK:ANE COUNTY ENGINEERS GREENFIELD III, CORP. 1026 WEST BROADWAY AVENUE P.O. BOX 9 SPOKANE, WA 99260 COLBERT, WA 99005 LETTER OF CREDIT NUMBER: 40 EXPIRATION DATE: 1VIARCH 29, 2000 - AMOUNT: . NOT EXCEED U.S. DOLLARS NINE THOUSAND FIVE HUNDRED & N01100 ($9,500.00) WE HEEREBY ISSUE THIS IRREVOCABLE STANDBY LETTER OF CREDIT FOR PROJECT NO. 1797 ALSO KNOWN AS VALLEY WAY ADDITION AVATLABLE BY YOUR DRAFT DRAWN ON US AND ACCOMPANIED BY THE FOLLOWIlN'G DOCUMENTS : 1. A SIGNED STATEMENT FROM SPOKANE COUNTY UTILITIES OFFICE READING EXACTLY AS FOLLOWS: . "I", THE UNDERSIGNED DULY AUTHORIZED REPRESENTATIVE OF SPOKANE COUNTY ENGINEER'S OFFICE, HEREBY CERTTFY THAT THE DRAFT DRAWN DRAWN UNDER THIS LETTER OF CREDIT REPRESENTS THE AMOUNT OF - MONEY REQUIRED TO COMPLETE THE 1NSPECTION OF ROADWAY IMPROVEMENTS INCLUDING GRADING, GRAVEL, PAVING, CURBS, SIDEWALKS, STORM DRAINAGE, DRAINAGE SWALES, MOr1UMENTS, STREET SIGNS AND /OR OTHER WORK AS IS INCIDENTIAL AND RELATED THERETO 1N ACCORDANCE WITH THE DRAWINGS AND SPECIFICATIONS AS ' SUBMITTED TO AND APPROVED BY THE SPOK:ANE COUNTY ENGINEER'S OFFICE. 2. THE ORIGINAL OF THYS LETTER OF CREDIT. • P.O. Box 105, Chewelah, WA 99109-0105, (509) 935-6789 • P.O. Box 229, Colville, WA 99114-0229, (509) 6845017 P.O. Box 107, lone, WA 99139-0107, (509) 442-3516 • P.O. Box 519, KetQe Fails, WA 99141-0519, (509) 738-2393 9506 H. Newport Hwy., Spokane, WA 99218-1200, (509) 467-9084 • Administration (509) 466-9619 14306 E. Sprague Ave., Spokane, WA 99216-2142 (509) 927-3028 • 222 N. Wall St., Spokane, WA 99201, (509) 838-5851 r y SPECIAL CONDITIONS : 1. ANY AND ALL BANI{ING CHARGES OTHER THAT THOSE OF THE ISSUING BANK ARE FOR THE ACCOUNT OF THE BENEFICIARY. 2. IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE AUTOMATICALLY EXTENDED, WITHOUT AMENDMENT, FOR AN ADDITIONAL PERIOD OF ONE YEAR FROM THE PRESENT EXPIR.ATION DATE OR EACH FUTtJRE EXPIRATION DATE, UNLESS WE HAVE NOTIFIED YOU IN WRITING NOT LESS THAN THIRTY (30) DAYS BEFORE SUCH EXPIR.ATION DATE, THAi WE ELEC i NOT TO RENEW THIS LETTER OF CREDIT. ALL WRITTEN NOTIFICATION SHALL BE SENT VIA REGISTERED MAIL. DR.AFTS DRAWN UNDER THIS CREDIT MUST BEAR THE CLAUSE: "DRAWN UNDER UNITED SECURITY BANK LETTER OF CREDIT # 40. THIS CREDIT IS SUBJECT TO THE "UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS: (1983 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 400. WE HEREBY ENGAGE WITH YOU THAT DRAFT(S) DRAWN AND/OR DOCUMENTS PRESENTED AND NEGOTIATED UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS IRREVOCABLE STANDBY 'LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION TO US. THE AMOUNT OF EACH DR.AWING MUST BE ENDORSED ON THE REVERSE OF THIS CREDIT BY THE NEGOTIATION BANK. A CHARGE OF $25.00 U.S. DOLLARS WILL BE DEDUCTED FROM THE PROCEEDS OF ANY DR.AWING PRESENTED WITH DISCREPANCIES. / UNITED S C..--' - T E VICE PRESIDENT USB UNITED SECURITY IIIIIIIIIIIBANK We're Banking On Our Community Rcsources UNITED SECURITY BANK Memher F.D.I.C. 9506 N. NEWPORT HWY SPOKANE, WA 99218 (509) 468-4655 IRREVOCABLE STANDBY LETTER OF CREDIT MARCH 29, 1999 BENEFICIARY: APPLYCANT: SPOKANE COUNTY ENGINEERS GREENFIELD III, CORP. 1026 WEST BROADWAY AVENUE P.O. BOX 9 SPOIC:.ANE, WA 99260 COLBERT, WA 99005 LETTER OF CREDIT NUMBER: 41 _ EXPIRATION DATE: MARCH 29, 2000 AMOUNT: NOT EXCEED U.S. DOLLARS-ONE HUNDRED ONE THOUSAND SEVENTY FIVE DOLLARS & 80/100 ($101,075.80) WE HEREBY ISSUE THIS IRREVOCA.BLE STANDBY LETTER OF CREDrT FOR PROJECT NO. 17907 ALSO KNOWN AS VALLEY WAY ADDITION AVAILABLE BY YOUR DRAFT DR.AWN ON US AND ACCOMPANIED BY THE FOLLOWING DOCUMENTS: 1. A SIGNED STATEMENT FROM SPOK:ANE COUNTY ENGINEERS OFFICE READING EXACTLY AS FOLLOWS: "I", THE UNDERSIGNED DULY AUTHORIZED REPRESENTATIVE OF SPOK:ANE COUNTY UTILITIES OFFICE, HEREBY CERTTFY THAT THE DR.AFT DRAWN DRAWN UNDER THIS LETTER OF CREDIT REPRESENTS THE AMOUNT OF MONEY REQUIR.ED TO COMPLETE THE INSTALLATION OF ROADWAY IMPROVEMENTS INCLUDING GRADING, GRAVEL, PAVING, CURBS, SIDEWALKS, STORM DRAINAGE, RELATED THERETO IN ACCORDANCE WITH THE DRAW.[NGS AND SPECIFICATIONS AS SUBMITTED TO AND APPROVED BY THE SPOK:ANE COUNTY UTILITIES OFFICE. 2. THE ORIGINAL OF THIS LETTER OF CREDIT. i P.O. Box 105, Chcwelah, WA 99109-0105, (509) 935-6789 • P.O. Box 229, Colville, WA 99114-0229, (509) 684-5017 P.O. Box 107, lone, WA 99139-0107, (509) 442-3516 • P.O. Box 519, Kettle Falls, WA 99141-0519, (509) 738-2393 ~ 9506 N. Newport Hwy., Spokanc, WA 99218-1200, (509) 467-9084 • Administration (509) 466-9619 14306 E. Sprague Ave., Spokane, WA 99216-2142 (509) 927-3028 • 222 N.Wall St., Spokane, WA 99201, (509) 838-5851 v w SPECIAL CONDITIONS: 1. ANY AND ALL BAIVKING CHA.RGES OTHER THAT THOSE OF THE ISSUING BANK ARE FOR THE ACCOUNT OF THE BENEFICIARY. 2. IT IS A CONDITION OF THTS LETTER OF CREDIT THAT IT SHALL BE AUTOMATICALLY EXTENDED, WITHOUT AMENDMENT, FOR AN ADDITIONAL PERIOD OF ONE YEAR FROM THE PRESENT EXPIRATION DATE OR EACH FUTURE EXPIRATION DATE, UNLESS WE HAVE NOTIFIED YOU IN WRITING NOT LESS THAN THIRTY (30) DAYS BEFORE SUCH EXPIRATION DATE, THAT WE ELECT NOT TO RENEW THIS LETTER OF CREDIT. ALL WRITTEN NOTIFICATION SHALL BE SENT VIA REGISTERED MAIL. DRAFTS DRAWN UNDER THIS CREDIT MUST BEAR THE CLAUSE: "DRAWN UNDER UNITED SECURITY BANK LETTER OF CREDIT # 41. THIS CREDIT IS SUBJECT TO THE "UNIFORM CUSTOMS AND PR.ACTICE FOR DOCUMENTARY CREDITS: (1983 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 400. WE HEREBY ENGAGE WITH YOU THAT DR.AFT(S) DRAWN AND/OR DOCUMENTS PRESENTED AND NEGOTIATED UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS IRREVOCABLE STANDBY LETTER OF CREDIT WTLL BE DULY HONORED UPON PRESENTATION TO US. THE AMOUNT OF EACH DRAWING MUST BE ENDORSED ON THE REVERSE OF THIS CREDIT BY THE NEGOTIATION BANK. A CHARGE OF $25.00 U.S. DOLLARS WILL BE DEDUCTED FROM THE PROCEEDS OF ANY DR.AWING PRESENTED WITH DISCREPANCIES. UN4SEC B TREVERT SHELLE VICE PRESIDENT BONC) tSTIMATE PROJECT Valleyway Addition, P-1797 NAME Doug Busko, P.E. DATE 27-Jan-99 DRAINAGE ITEMS UNITS QUANTITY PRICE COST 1) Drywell - Type A EA 1350.00 0.00 2) Drywell - Type B EA 5.00 1700.00 8500.00 3) Grate - Type 1 EA 320.00 0.00 4) Grate Type 2 EA 345.00 0.00 5) Grate - Type 4 EA 2.00 300.00 600.00 6) Backfill For DW CY 200.00 - 17.25 3450.00 7? Concrete Inlet EA 2.00 800.00 1600.00 8) C.M. Pipe 10" Dia. LF 24.00 0.00 9) PVC Pipe 12" Dia. LF 70.00 5.00 350.00 10) C.M. Pipe 15" Dia. LF 29.00 0.00 11) C.M. Pipe 1 8" Dia. LF 30.00 0.00 121 Precast Manhole EA 1500.00 0.00 13) Solid lid EA 3.00 325.00 975.00 . 14) Ditch Excavation CY 10.00 0.00 15) Sod SF 0.70 0.00 NON STANDARD DRAINAGE ITEMS 1) Wilbert Vault Curb Inlet EA 5.00 250.00 1250.00 2) 0.00 3? 0.00 4) 0.00 5) 0.00 6) 0.00 DRAINAGE SUBTOTAL 16725.00 16) Monuments EA 2.00 185.00 370.00 17) Barricade LF 24.00 35.00 840.00 18) Street Signs EA 2.00 90.00 180.00 OTHER SUBTOTAL 1390.00 GRADING, SURFACING, CURB, AND SIDEWALK 19) Rough Grade CY 723.00 10.00 7230.00 20) Top Course CY 553.00 15.50 8571.50 21) Base Course CY 15.50 0.00 22) Asphalt Concrete Tons 348.00 46.00 16008.00 23) Curb Type A LF 7.50 0.00 24) Curb Type B LF 136.00 8.50 1156.00 25) Curb Type R LF 1209.00 8.50 10276.50 26) Sidewalk SQ YD 448.00 17.50 7840.00 NON-STANDARD ROAD ITEMS ' 1) Relocate Power Pole EA 1.00 3000.00 3000.00 2) 0.00 3? 0.00 4) 0.00 ~ GRADING AND SURFACING 54082.00 CONSTRUCTION TOTAL, INCLUDING MULTIPLIER OF 1.40 $ 101,075.80 BONL3 tSTIMATE ~ PROJECT Valleyway Addition, P-1797 NAME Doug Busko, P.E. DATE 27-Jan-99 DRAINAGE ITEMS UNITS QUANTITY PRICE COST 1) Drywell - Type A EA ~ 1350.00 0.00 2) Drywell - Type B EA . 5.00 1700.00 8500.00 3) Grate - Type 1 EA 320.00 0.00 41 Grate Type 2 EA 345.00 0.00 5) Grate - Type 4 EA 2.00 300.00 600.00 6) Backfill For DW CY 200.00 17.25 3450.00 7) Concrete Inlet EA 2.00 800.00 1600.00 8) C.M. Pipe 10" Dia. . LF • 24.00 0.00 9) PVC Pipe 12" Dia. LF 70.00 5.00 350.00 10) C.M. Pipe 15" Dia. LF 29.00 0.00 11) C.M. Pipe 18" Dia. LF 30.00 0.00 12) Precast Manhole EA 1500.00 0.00 13) Solid lid EA 3.00 325.00 975.00 14) Ditch Excavation CY 10.00 0.00 15) Sod SF 0.70 0.00 NON STANDARD DRAINAGE ITEMS 11 Wilbert Vault Curb Inlet EA 5.00 250.00 1250.00 2) 0.00 3) 0.00 4) 0.00 5) 0.00 6) 0.00 ' DRAINAGE SUBTOTAL 16725.00 16) Monuments EA 2.00 185.00 370.00 17) Barricade LF 24.00 35.00 840.00 18) Street Signs EA 2.00 90.00 180.00 OTHER SUBTOTAL 1390.00 GRADING, SURFACING, CURB, AND SIDEWALK 191 Rough Grade CY 723.00 10.00 7230.00 20) Top Course CY 553.00 15.50 8571.50 21) Base Course CY 15.50 0.00 22) Asphalt Concrete Tons 348.00 46.00 16008.00 23) Curb Type A LF 7.50 0.00 24) Curb Type B LF 136.00 8.50 1156.00 251 Curb Type R LF 1209.00 8.50 10276.50 26) Sidewalk SQ YD 448.00 17.50 7840.00 NON-STANDARD ROAD ITEMS 1) Relocate Power Pole EA 1.00 3000.00 3000.00 2) 0.00 3) 0.00 41 0.00 GRADING AND SURFACING 54082.00 CONSTRUCTION TOTAL, INCLUDING MULTIPLIER OF 1.40 $ 101,075.80 ~ . • ~ ~ c_ i c~ C' l ~ . ~~:~-~fv ~SCI-S 4K, ~I ~STREET QUANTITIES PROJECT NO.- P-1797 DESIGNER- DOUG BUSKO DATE- 1/27/99 PROJECT DESCRIPTION- VALLEYWAY ADDITION STREET # 1 - NAME- SONORA DRIVE LENGTH- 608.00 FT. WIDTH- 34.00 FT. BEGINNING STATION = 1000.00 ENDING STATION = 1608.00 TERM # 1 : CHOPPED TERM # 2: CUL-DE-SAC STANDARD TEMP RADIUS = 45.00 RADII = 30.00 ITEM MEASUREMENT ' QUANTITY SURFACE AREA- 24202.05 S.F. ROADWAY EXCAVATION 0.75 FT. 672.3 C.Y. CRUSHED SURFACING TOP COURSE 0.58 FT. 522.9 C.Y. CRUSHED SURFACING BASE COURSE 0.00 FT. 0.0 C.Y. ASPHALT CONCRETE 0.17 FT. 306.3 TONS CURB TYPE R EXISTING 41.00 FT. PROPOSED 1209.3 FT. SIDEWALK EXISTING 337.78 S.Y. PROPOSED 356.8 S.Y. STREET 2 NAME- VALLEYWAY LENGTH- 136.00 FT. WIDTH- 7.50 FT. BEGINNING STATION = 1438.00 ENDING STATION = 1574.00 ONE SIDE ONLY PWIDTH= 18.50 EWIDTH= 11.00 QWIDTH= 0.00 TERM 1: TAPER TAPER LENGTH = 165.00 TERM # 2 : CHOPPED ITEM MEASUREMENT QUANTITY SURFACE AREA- 1638.75 S.F. ROADWAY EXCAVATION 0.83 FT. 50.6 C.Y. CRUSHED SURFACING TOP COURSE 0.50 FT. 30.3 C.Y. CRUSHED SURFACING BASE COURSE 0.00 FT. 0.0 C.Y. ASPHALT CONCRETE 0.33 FT. 41.5 TONS CURB TYPE B EXISTING 0.00 FT. PROPOSED 136.0 FT. SIDEWALK EXISTING 0.00 S.Y. PROPOSED 90.7 S.Y. TOTALS ROADWAY EXCAVATION 722.9 C.Y. CRUSHED SURFACING TOP COURSE 553.2 C.Y. CRUSHED SURFACING BASE COURSE 0.0 C.Y. ASPHALT CONCRETE 347.7 TONS CURB TYPE B 136.0 FT. CURB TYPE R 1209.3 FT. SIDEWALK 447.5 S.Y. r STATEMENT OF AGREEMENT GREENFIELD III, INCORPORATED, a corporation of the state of VVashington ("SPONSOR") has entered into a contractual agreement with David Evans and Associates ("ENGINEER") for construction engineering services for Valley Way Addition, Project P-1797. 1. The scope of these services includes, but is not limited to: A) Da.ily observation and reporting of construction activities on this project; B) Maintenance of all construction records related to this project, to include, but not limited to daily inspection reports, manufacturer's certifications, material test reports, and correspondence; ~ C). Assurance that the construction of the roads and appurtenant drainage facilities is according to the plans accepted by the Spokane County Engineer, Spokane County General Provisions, the Standard Specifications, and applicable portions of the WSDOT Construction Manual; D) Developmcnt of Record Drawings; and E} Testing of construction materials for compliance to the plans accepted by the Spokane County Engineer, Spokane County General Provisions, the Standard Specifications, and applicable portions of the WSDOT Construction Manual, all according to the edition of the "Spokane County Standards for Road and Sewer Construcrion" governing tlus project. 2. Prior to acceptance of the roads and drainage facilities by Spokane County, the Engineer shall submit all construction records and the Record Drawings to the Spokane County Engineer. 3. The estimated cost of the Construction Engineering Services for the project is $9,500.00. DATED THIS ~ DAY OF 1999. . . ~ GREENFIELD III, Inc. A Washivgton Corporation , By r i im arkl y ~ STATE OF WASHINGTOIV) ) SS County of Spokane ) ~ I certify that I know or have satisfactory evidence that Jim Markley is the person who appeared before me, and that said person acknowledged that he signed this instrument, on oath stated that he was authocized to execute this instrument, and acknowledged it as the President of Greenfield III, Incorporated, a Washington corporation, to be the free and voluntary act of said corporation, for the uses and purposes therein mentioned in the instrument. `~1111t►1~~ ~ Dated th~s day of , 1;~Q~~~P pr ~ ~ /zo. V w\G{ G- C.. ; . \ 3 -..c.:..... NOT . Y PUBILIC in and fof the Sta.te of Washington, resic&g PUgLIG ' at .~~~~✓~,h~,% • MY aPPaintment expires ~aoljf AZ ~~~il l l l~<<~~ . DATED this day of , 1999. David Evans and Associates, Incorporated A Washington Corporation B \ . Y ' Steve Srhrope ~ Vice-President STATE OF WASHINGTON) ) SS ~ County of Spokane ) I certify that I knovv or have satisfactory evidence that Steve Shrope is the person who appeared before me, and that said person aclrnowledged that he signed this instrument, on oath sta.ted that he was authorized to execute this instrument, and acknowledged it as the President of David Eva.ns and Associates, a Washington corporation, to be the free and voluntary act of said corporation, for the uses and purposes therein mentioned in the instrument. :•`~~~~~~~~~~ttPated this day of 1999. 8 0 '1 U _ ov ~~i~ N ~j O~ t . . ~ I : ~ * _ ~ O'L'ARY P LIC in and for the State of Washington, residing 0 at My appointment cxpires _01`~~•`~ = - ~ ~ ~aSH~Oto~s, ~ i . ENDORSEMENT # 1 1 Attached to Commitment No. 86065 ~ /-7 q 7 Ref No. • GREENFIELD III CORP Prepared for: DAVID EVANS & ASSOCIATES Guarantee No.: 304101513 Issued by COMMONWEALTH LAND TITLE INSURANCE COMPANY This endorsement is made a part of said Commitment including any prior endorsements, and is subject to . the schedules, terms, provisions and the conditions and stipulations therein, except as modified by the provisions hereof: 1. Schedule A of the above commitment is hereby amended in the following particulars: (a) The effective date of the Commitment including extension is: , January 27, 1999 at S:OOAM (b) The titie to the estate or interest in the land is at the extended effective date hereof vested ' in: No Change 2. Schedule B of the above Commitment including any prior endorsement is hereby amended in the following particulars: (a) The Special Exceptions at the following numbered paragraphs of Schedule B are hereby deleted: None (b) Please ADD Exception No. 4, to read as follows: ' 4. GENERAL REAL ESTATE TAXES, (including amounts for Aquifer, Storm Water, Irrigation, Drainage water, and Flood Control, if any), for the year 1999, not payable until February 15, 1999, in an amount not yet available from the Treasurer's Office, the first half of which will be due April 30th; Tax Account No.: 45133.0733 tb-2/4/99 CC: DAVID EVANS & ASSOCIATES TOMLINSON/BLACK NORTH, INC. DAVID EVANS & ASSOCIATES ~ Authori d Signatory SPOKANE COUNTY T1TLE COMPANY Agent of COMMONWEALTH Land Title Insurance Company Note: This endorsemeni shall noi be valid or binding until countersigned by an authorized signatory. Date Down Endorsement ALTA Commitment t v GUARANTEE ORDER NO.: 86065 - GUARANTEE NUMBER REFERENCE NAME : GREENFiELD I I I 3 O 4-i~ 1~ i3 Liability $ 1, 000. 00 Fee a 150. 00 SUBJECT TO TBE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND 4THER PROVISIONS OF TBE CONDITTONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, AND , SUBJECT TO T'HE FURT'HER EXCLUSION AND LIMITATION THAT NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO 'IHE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATI'ER SHOWN T'HEREIN, Commonwealthm Land Title Insurance Company a corporation, herein called the Company GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Dated: NOVEMBER 17, 1998 COMMONWEALTH LAND TITLE INSURANCE COMPANY . ~ . Countersigned By: President ± AttesC B •~,,St~'~t, ~ s ! , Authorized Officer or~gent Serretary CLTA Guarantee Face Page (Rev. 6-6-92) .-__.Y , . . • SCHEDULE A - Subdivision Guarantee Order No. 86065 Liability: $ 19000.00 Guarantee no. 30410151 3 . _ . • • • • • - • Premium: $ 150.00 Tauc: $ 12.15 Total: $ 162.15 Your Reference: Greenfield III Corp. 10 Name of Assured: Greenfield III Corp., a Washington Corporation . 2. Date of Guarantee: November 17, 1998 at 8:00 a.m. The assurances referred to on the face page hereof are: That according to the Company's property records relative to the following described land (but without examination of those Company records maintained and indexed by name): The East Half of Block 23, VERA, as per plat recorded in Volume p0° of Plats, page 30, records of Spokane County; EXCEPT the East 135 feet of the South 220 feet of said premises; Situate in the County of Spokane, State of Washington. A. The last recorded instrument purportinq to transfer title to said land is: REENFIELD III CORP., a Washin ton C 9 oP B. There are no mortgages or deeds of trust which purport to affect title to said land, other than those shown below under Exceptions. . No guarantee is made regarding (a) matters affecting the beneficial interest of any mortgage or deed of trust which may be shown herein as an exception, or (b) other matters which may affect any such mortgage or deed of trust. No guarantee is made regarding any liens, claims of liens, defects or encumbrances other than those specifically provided for above, and, if information was requested by reference to a street address, no guarantee is made that said land is the same as said address. EXCEPTIONS on Page 2 Continued on Page 2 Schedule A Subdivision Guarantee FORM NO. NW(WA)-3 . ~ . 1 . . Guarantee No. 304-101513 Order No. 86065 Schedule B Continued, Page 2 EXCEPTIONS CONTINUED - 1. LIABIUTY TO ASSESSMENTS, if any, by Vera Irrigation District No. 15. Further information ca:i te obtained by cailing 9243800. . . . . - . . 2. DEED OF TRUST, to secure an indebtedness, including any interest, advances, or other obligations secured thereby; Amount: $2812000.00 Dated: . . October 30, 1998 . • • . - - Recorded: November 2, 1998 Recording No.: 4288117 Grantor: Greenfield III, Corp., a Washington Corporation Trustee: Spokane County Title Company Beneficiary: ("ted Security Banic-, ' Affects: hns-md--other property 3. EXCEPTIONS AND RESERVAT10IdS contained in Deed; From: Great Northem Railway Company Recording No.: 6338496 As follows: Excepting and reserving uMo the Grantor, its successors and assigns, forever, all iron, natural gas, coal, oil and all minerals of any nature whatsoever, upon or in said land together with the sole, excluseve and perpetual right ot explore for, remove and dispose of the same by any means or methods suitable to the Grantor, its successors and assigns, but without entering upon or using the surface of the lands hereby conveyed, and in such manner as not to damage the surface of said lands or to interfere with the use thereof by the Grantees, theri heirs and assigns. END OF EXCEPTIONS NOTE #1: General Taxes for the year 1998, WHICH HAVE BEEN PAID; Amount: $357.62 Tax Account No.: 45133.0733 Continued on Page 3 Schedule A Subdivision Guarantee FORM NO. NW(WA)-3 ' o a • - a Guarantee No. 304101513 - Order No. 86065 Schedule B Continued, Page 3 EXCEPTIONS CONTINUED NOTE #2: The address of said premises according to the Spokane County Tax Rolls, is as follovrs•; • - ' Undisclosed. The above address is shown exactly as it is reported on the Spokane County Treasurer's' tax rall. Any deviation from this would not conform with the County records. At times, however, where several agencies are included in the transaction, the configuration of the address will not always appear the same. Legal descriptions take precedence over street addresses. Therefore, if the legal , descriptions match, the addresses are recognized by this Company to be one and the same for the subject property. NOTE #3: For informational purposes only, the abbreviated Legal Description of the subject premises is as follows: Ptn Blk 23, VERA. SM/tb Countersigned: 6 A IW M~ Authorized Offic4 or Agent Schedule A Subdivision Guarantee FORM N0. NW(WA)-3 w 6 ~ ~ 1 w t • ~ ~ ' • ♦ ' • SCFIEDULE OF EXCLUSIONS FROM t...v7ERAG"`-' ""ITiIS GUARANTEE obtaining witR.__.a, Qrasec s defending the action or lawfW act which in the opinion of the Company may be noctsawy or desirable to esaab6sh the dde to the estate or intamt as 1. Except to the extent that specific assurances are provided [n Schedule A ot this stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by Gusrantee, the Company acsumes no IiabiUty for loss or damage by reuson of the the failuue of ths Assured to fumish the requiced cooperation, the Company's obligadons to foUowing: the Assuied under the Guarantee shaA terminate. (a) Defects, liens, encumbrances, adverse claims ar othtr matters against the atle, whether or not shown by the public rxocds. 5. Proof of Loss or Damage. (b) (1) Taxes or assessments of any taxing authority that levies taxes or ln addition to and after the naaices requirod under Soction 2 of these Condidons assessments on real property; or, (2) Procoedings by a public agency which may result in and Supuladons have been provided to the Company, a proof of loss or damage signed and taues or assessments, or notices of such proceedings, whethet or not the matters eaccluded swom to by the Assurcd shall be famished to the Company within ninety (90) days nfter the undex (1) or (2) are shown by the cecords of the taxing authority or by the public records. Assured sfiall ascertain the facts giving rise to the loss or damge. 71se proof of loss or (c) (1) Unpaunted miaing claims; (Z) reservations or exceptions in gatents or damage shall describe the matters covered by this Guarantoe which consdmtethe basis of loss in Acts authoriziog the issuanoe thec+eof; (3) water rights, clairru or title to water, whether or or damage and shall state, ro the extent possible, the basis of calcvlating the amount of the not the matters excluded under (1), (2) or (3) are shown by the public reoords. loss or damage. If the Company is prejudiced by the failure of the Assured to provide the roquired proof of loss or damage, the Company's abligation ro such assurad uader the 2. Notw[lhstanding any spedfic assuranzes which are provided in Sdhedule A of this Guarantee shall ternunate. In addition, the Assured may re.azonably be required to submit to Guarantee, the Company assumes no Itability for loss or damage by reason ot the examinadon under oath by any authorizad repreuncadve of the Company and shall produce tollowing: for examination, inspection and copying, at such reasonable times and places as may be (a) Defxts, lien5, encumbrances, adverse daims or other matters affecting the designated by any authoriud representative of the Company, all records, books, ledgers, title to any property beyond the tints of the land expressly dacribed in the description set etsecks, correspondeace and -memoranda, whether bearing a date before or after Date of forth in Schedule (A), (C) or in Purt 2 of this Guarantee, or utle to streets, roads, avenues, Guarantee, which reasonably putain to the loss or damage. Furt6er. if tequested by any lanes, ways or waterways to which such land abuts, or the right to maintain therein vauhs, authariud representative of the Cotrtpany, the Assured shall grant its permission, in writing, tunnds, ramps or any structure or improvements; or any rights or easements therein, unless for any suthorized represeatadve of the Company to examine, inspect and copy all records, such property, rights or easements are expzessly and specifically set focth in said description. boolcs, ledgers, checks, comesQondenee and memoranda in the custody or control of a third (b) Defects, Gens, encvmbrances, adverse claims or ather matters, whether or pany, which reasonably pertain to the loss or damage. All information designated as not shown by the public records; (1) which uee created, suffered, assumed or agreed to by confidenpal by the Assured provided to the Company pursuant to this Section ahall not be oae or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not disclosed ro others unless, in the reasonable judgment of the Campany, it is neassary in the result in the invalidiry or potential invalidity of any judicial or rbon-judicial proceeding which administration of the claim. Failure of the Assured to submit for examination under oath, is withia the seope and purpose of the assurances provided. produce other reasonably cnquested infocmation or grant punussion to secure reasonably (c) The identiry of any party showa or refetr+ed to in Schedule A. aecessary inform3tioo from third parties as required in the above paragraph, unless prohibited (d) The validity, legal effect or prioriry of any matter shown or referred to in by law or govemmental regulatioa, shaU terminate any liability of the Company under U►is Uus Guarantee. Guarantce to the Assured for that claim. GUARANTEE CONDITIONS AND STIPULATIONS 6. Optlons to Pay or Othenvise SetUe Clalms: Termtnatlon of Liabillty. l. Definition of Terms. ln case of a claim unQer this Guarantce, the Company shall have the following additional The following terrns w6en used in the Guarnntee mean: options: (a) the "Assured": the party or partics named as the Assured in this Gunrantee, (a) To Pay or Tender Payment of the Amaunt of Liabiliry or to Purchase the or on a supplemental wriang executed by the Company. Indebtedness. (b) "land": the land described or rcfared ro in Scfiedule (A)(C) or in Pnn 2, and The Company shall have the option to pay or settle or compromise for or in the oame of the improvemeats affixed thereto which by law rnastitute mAl property. 7he term "land" does Assurcd any claim which could result in lou to du Assured within the coverage of this not include any property beyoad the lines of the area described or referted to in Schedule Guarnntee, or to pay the full amount of this Guarantee or, if this Guaranta is issued for the (A)(C) or in Part 2, aor any right, tide, interest, estate or easement in abutting streets, roads, benefit of a holder of a mortgage or a lienholder, the Company shall have the option to avenues, alleys, lanes, ways or waterways. purchase the indebtedness securod by said mortgage or seid lien for the amount owing (c) "mortgage": rtortgage, deed of wst, trust deed, or other securicy insuument. thereon, together with any costs, reasonuble attomeys' fees and expenses incurred by the (d) "public records": records established under state statutes at Date of Assured claimant which were authoriud by the Company up ro the time of purchase. Guarantee for the purpose of imparting conswcuve notice of matters relating to real property Such purchase, payment or tender of payment of the full amount of the Guarantee shall to purchasers for value and wit6out knowledge. tertninate all liability of the Company hereunder. In the event after notiae of claim has been (e) "date": the eff'ecdve data given to the Company by the Assured the Company affers to Qurctase said inclebtedncss, the owner of such indebtodness shall transfer and assign said indebtedness, together with any 2. Notlce ot Claim to De Given Dy Assured Clalmant. collaternl security, to the Company upon payment of the purchase price. An Assured shall notify the Company promptly in writing in case knowledge shap come to Upoo the exerciu by the Company of the option provided for in Paragraph (n) the Company's an Assured hereunder of any claim of title ar interest which is adverse to the ude ro the estate obligation to the Assured under this Guarantae for ihe claimed loss or damage, other chan to or iaterest, as stated herein, and which might cauu loss or damage for wfiich the Company make the paymeat required in that paragraph, shall temiinate, including eny obligation to may be liable by virtue of this Guarantee. [f prompt nopce shall oot be given to the condnue the defense or prosecution of any litigadon for which the Company has ezercised Company, then all liability of the Company shall [ertninute with regard to the matter or its options under Paragraph 4, and the Guarantee shall be surrenderod to the Company for matters for which prompt notice is rec{uired; provided, however, thnt failure to notify the canalladon. Company shall in no case pmjudice the rights of any Assurod under this Guarantce unless the (b) To Pay or Othenvise Settie Witfi Paroes Othu Than the Assured or With i}se Company shall be prejudiced by the failure and then only to the extent of the prejudice. Assured Claimant. To pay or otherwisc setde with other parties for or in the name of an Assured claimaat any 3. No Duty to DPfend or Prosecute. claim assured against under this Guarantee, together with any costs, attomeys' fces end The Company shall have no duty to defead or prosecure any action or proceeding to which cacpenses incurred by the Assured claimant which were authorized by the Company up to the the Assured is a party, notwiihstanding the nature of any allegation in such acuon or time of payment and which the Company is obligated to pay. proceeding. Upon the exercise by the Company of the option provided !or in Paragraph (b) the Company's ob6gation to the Assured under this Guarantee for the claimod loss or damage, other than to 4. Company's Option to Defend or Prosecute Acdons; Duty of Assured Claimant to make the payment required in that paragruph, shall taminate, including any obligauon to Cooperate. conunue the defense or prosecution of any litigauon far whicb the Corrpany has exercised Even though the Company has no duty to defend or prosecute as set fonh in Paragraph 3 its opaons under Parngraph 4. above: (a) The Company shall have the right, at its sole option and cost, to institute and 7. Determination and Extent of L[ablpty. prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained act which in its opinion may be necessary or desirable to establish the tide to the estate or or incuned by the Assured claimant who has suffered loss or damage by rcason of reliance intemst as stated herein, ar to establish the lien rights of the Assured. or to prevent or reduce upon the assurances set forth in this Guarantee and only to the extent herein described, and loss or damage to the Assured. 'Ihe Company may take any appropriate action under the subject to the Exdusions From Coverage of This Guarantee. terms of this Guarantee, whether or not it shall be liable hereunder, end shall not thereby The liabiliry of the Compaay under this Guarantee to the Assured shall not exoeed the least coacede liability or waive any provision of this Guarantee. If the Company shall exercise ics of: rights under this paragraph, it shall do so diGgently. (a) the amount of liability stated in Schedule A ar in Pan 2; (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the (b) the amoant of the unpaid principal indebtedness secured by the mortgage of Company shall have the right to select counsel of its choice (subject to the right of such an Assured mortgagee, as limited or provided under Section 6 of these Coaditions and Assured•to object for reasonable cause) to represent the Assured end shall not be liable for Stipulations or as reduced under Section 9 of these Conditions and Sdpulauons, at the time and will not pay the fees of any other caunsel, nor will the Company pay any fees, costs or the loss or damage assured against by this Guarantee occurs, together with interest thereon; expenses incurred by an Assured in the defense of those causes of action which allege mnners or ` not covaed by this Guarantee. (c) the difference between the value of the estate or interest covered hereby as (c) WFienevet the Company shall have brought an action or interposed a defense stated herein and the value of the estate or interest subject ro any defcct, lien or encumbrance as pemutted by the provisions of this Guarantee, the Company may pursue any litigation to assured against by this Guarantee. final detertnination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. S. Limitation of Liability. (d) lo all cases where this Guarantee pertnits the Company to prosecute or (a) If the Campany establishes the tide, or removes the alleged defect, lien or provide for the defense of any action or pcoceeding, an Assured shaJl secure to the Company encumbrance, or cures any other matter assured against by this Guarancee in a reasonably the right to so prosecute or provide for the defense of any actioa or proceeding, and all diligeat manner by any mtthod, including l:tigation and the completion of any appeals appeals tkrein, attd pertnit the Company to use, at its option, the name of such Assured for therefrom, it shaU have fully performed its obligatioas with respea to that matter and shall this purpose. Whenever roquested by the Company, an Assured, at the Company's expense, not be liable for any loss or damage caused thereby. shall give the Company all reasonable aid in any action or procecding, securing evidence, CONDITIONS AND STIPULATIONS CONTINUED ON BACK COVER CLTA Guarantee Conditions and Stipulations Form 2015-1 (Rev. 12-15-95) - > . - . ~ . i- ~ 1 f • : ; . , CONDITIONS AND STIPULATIONS CONTINUED (b) Tn the event of any li6gation by the Company a with the Company's consunt, 12. ArbitraUon. , the Company shall have no liability for loss or damage until thae has been a final detertrrination by a caurt of competeat jurisdiction. and disposition of all appeals therefrom, Unless prohibitod by applicable law, either the Company or the Assured may demand adverse to the tide, as statcd herein. arbitration putsuant to the Tide Insurana Arbitration Rules of the Amaican Arbiaation (c) The Company shall not be liable for loss or damage to any Assured for Association. Arbitrable matters may iaclude, but are not limited to, any oontrovasy or claim liabiliry voluatarily assumed by the Assured in senling any claim or suit without the prior betwa° the COmpanY and the Assured arising out of orrelating to this Guaraatee, any secvice written consent of the Company. of the Compaay in connection with its issuaace or the breach of a Guaraatee provision or other obligation. All arbitrable mattas when the Amount of Liability is $1,000,000 or less 9. Reductloa of Liab[llty or Termination of Liability. . shaU be azbitratad at the option of eit6er the Company or the Assured. All arbitrnble mF►tters All payments under this Guarantee, except payments made for costs, attomeys' when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agc+eed foa and expenses pursuant to Paragraph 4 shall roduce the amount of liability pro tanto. to by both the Company and the Assured. The Rules in effcet at Date of Guarantee shall be biading upon the parries. The award may include attorneys' fees only if the laws of the state 10. Payment of Loss. in which the land is located permits a court to award attomeys' foes to a prevailing party. (a) No payment shall be made without produang this Guarantee far endorsement ludgment upoa the award rendered by the Arbitrator(s) may be entered in any wurt having of the paymem unless the Guarantae has been lost or destroyed, in which case proof of loss jurisdiction chereof. or deswction shall be fumished to the sadsfaction of the Comgany. • (b) When Gabi6ty and the eutent of loss or damage has baen definitely fixed in 'R►e 1aw of the situs of the land shall apply to an arbitration under the Title Insurance accotdanoe with these Canditions and Stipulations, the loss or damage shall be payable withi n ~itrarion Rules. thiny (30) days thueafter. A copy of the Rules may be obtaiaed fro:n the Company upon request. 11. Subrogatton Upon Payment or SettlemenL Whenever the Company shall have settled aad paid a claim unda this Guarantee, all right of 13. Liabtlity Lfmited to ThYs Guarantee; Guarantee Entire Contract. subrogation shall vest ia the Company unaffected by any act of the Assured claimant. (a) This Guarantee together with all endorsemencs, if any, attached hereto by the The Company shall be subrogated to and be entided to all rights and remedies which the Company is the entire Guarantee and contract between the Assured and the Company. In Assurod would have had against any persoo or property in c+espect to the claim had this interpreting any provision of this Guarantee, this.Guaranta shall be eonstrued as a whole. Guazantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and rernedies against any person or property necessary in order ro perfect (b) Any claim of loss or damage, wheaher or not based on negligence, or any this right of subrogadon. The Assured shall pertnit the Compaoy to sue, compromise or senle action asserting such claim, shall be resuicted ro this Guarantee. in the name of the Assured and to uu the name of the Assurcd in any transacrion or litigauon involving these cights or remedies. (c) No amendment of or endarsemenc ro ehis Guarantoe can be made exeept by a writing endocsed hereon or attached hereto signed by dtha f}te Pmsident. a Via President, [f a payment on acmunt of a claim does oot fully oover the loss of the Assured the Company the Secretary. an Assistant Secruary, or vatidadng offixr or suthoriud signatory of the ° shall be submgated to all rights and remodies of the Assured aher the Assured shall have Campany. recovtrad its priacipal, interest, and costsof collecdon. 14. Notices, Where SenL All nodces cequired to be given the Company and any statemeat in writing required to be fumished the Company sMl include the numba of this Guarantee and shall be addressod to COMMONWEALTH LAND TITLE INSURANCE COMPANY, 1700 Merket Strxt, Philadelphia, PA 19I03-3990. , , _ - _ , • ~ - « ~ O ao N O o b ; ?°D C) ~ _ b X y a s ~ ~ O o ~ w ~ z ~ o ~ o M _ ~