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HomeMy WebLinkAbout21-Development Services ORIGINAL CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: James Funk, Director Subject: Dept: Development Services Resolution approving an Agreement with Evergreen - Baseline Mt. Vernon, L.L.C., an Arizona limited liability Company for Undergrounding of Overhead Utility Lines along Herrington Avenue south of Base Line Street. Date: August 15,2005 File No. DP II 04-08 MCC Date: September 6, 2005 Synopsis of Previous Council Action: None. Recommended Motion: lILt /Lk Adopt Resolution. ~t-James Funk Contact Person: Mike Grubbs, Eng. Mgr./Field Engineer Phone: 5179 Supporting data attached: Staff Report; Resolution; Agreement (Attachment "I") Ward: 6 FUNDING REQUIREMENTS: Amount: N/ A Source: N/ A Acct. Description: Finance: Council Notes:'-I2uJ.o ;)Ot'S - ~QrJ q/f6/0~ Agenda Item NO.~ CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: Resolution approving an Agreement with Evergreen - Baseline Mt. Vernon, L.L.c., an Arizona limited liability Company for Undergrounding of Overhead Utility Lines along Herrington Avenue south of Base Line Street. Backl!:round: On May 20, 2004, the Environmental and Development Review Committee (E/DRC) approved Development Permit (Type II) No. 04-08 to construct a Walgreens store at the southwest comer of Mt. Vernon Avenue and Base Line Street. The applicant for the project was Evergreen - Baseline Mt. Vernon, L.L.c., an Arizona limited liability Company (hereinafter called Evergreen). Section 19.20.27 of the Development Code requires that new development on a parcel of more than one acre in size shall, subject to certain exceptions, underground all overhead utility lines traversing or installed along either side of the streets and alleys adjoining the project site. The new Walgreens is located at the southwest comer of the intersection of Mt. V ernon Avenue and Base Line Street. Overhead utility lines are located adjacent to the site along Mt. Vernon Avenue, Base Line Street and Herrington Avenue. The overhead lines along Base Line Street and Mt. Vernon Avenue exceed 33,000 volts and are exempt under provisions of Section 19.20.27. However, the lines along Herrington Avenue are 12,000 volts and are required to be undergrounded as part of the project. Section 19.20.27 also provides that, in lieu of undergrounding, the developer may enter into an Agreement with the City to defer the undergrounding until the utility lines along the frontage of 1 or more adjoining parcels are undergrounded. The agreement requires the cost of the undergrounding to be made in semi-annual payments over a period of 5 years. The agreement shall be secured by a bond or security interest in the property. The San Bernardino City Unified School District is proposing to construct a new Elementary School on the south side of Base Line Street immediately west of Herrington Avenue. The new school is proposed to extend from Base Line Street to II th Street and from Herrington Avenue approximately 1,200 feet westerly near Western Avenue. The environmental review for the new school is underway, however, the City has received no official information regarding the project construction schedule. The land for the new school is currently developed in older single family houses. If the School District acquires the land for the new school, the houses will all be removed. Since the overhead utilities along the west side of Herrington Avenue between 11 th Street and Base Line Street serve only the single family residences, the overhead utilities could be removed thereby eliminating the need for undergrounding. 2 Rev: 08/31/05 2:37 PM . . . CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT (Continued) Evergreen has submitted, on behalf of Walgreens, the attached "Utility Undergrounding . Agreement". The Agreement provides that Evergreen will post, at time of certificate of occupancy, a bond in the amount of $14,897 for a period of 24 months to guarantee the undergrounding of the 12,000 volt lines serving two residences located on the west side of Herrington A venue near Base Line Street. If the School District proceeds with development of the land along the \vest side of Herrington Avenue in the next 24 months, the City will release the bond and Evergreen will be released from its obligation to underground the overhead utilities. If the School District has not proceeded with the new school within 24 months, then the City and Evergreen may extend or amend the Agreement. If the School District abandons its interest in the proposed school site, then Evergreen will proceed immediately, upon receipt of written notice from the City, to cause the undergrounding of the 12,OOO-volt lines along the west side of Herrington Avenue. The attached Utility Undergrounding Agreement meets the requirements of Section 19.20.27 of the Development Code and approval is recommended. Financial Impact: None. Recommendation: Adopt Resolution. 3 . . . 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO AUTHORIZING THE MAYOR TO APPROVE A UTILITY UNDERGROUNDING AGREEMENT WITH EVERGREEN - BASELINE MT. 4: VERNON, L.L.C., AN ARIZONA LIMITED LIABILITY COMPANY FOR 5 UNDERGROUNDING OF OVERHEAD UTILITY LINES ALONG HERRINGTON A VENUE SOUTH OF BASE LINE STREET. 6 BE IT RESOLVED BY THE MA YOR AND COMMON COUNCIL OF THE 7 CITY OF SAN BERNARDINO AS FOLLOWS: 8 9 RESOLUTION NO. SECTION 1. THAT THE MAYOR is hereby authorized to execute the Utility Undergrounding Agreement (see Attachment" 1" and incorporated herein) with Evergreen - 10 11 Baseline Mt. Vernon, L.L.C., an Arizona limited liability Company for Undergrounding of 12 13 14 15 16 Overhead Utility Lines along Herrington Avenue south of Base Line Street. Such Agreement shall be effective only upon being fully executed by all parties. SECTION 2. This Utility Undergrounding Agreement shall not take effect or become operative until fully signed and executed by the parties and no party shall be obligated 4,., hereunder until the time of such full execution. No oral agreement, amendments, J..I 18 modifications or waivers are intended or authorized and shall not be implied from any act or 19 course of conduct of any party. 20 SECTION 3. This resolution is rescinded if the parties to the Agreement fail to 21 22 execute it within sixty (60) days of the passage of the resolution. 23 III 24 III 25 26 27 28 No. JI q /& los- . . . 1 RESOLUTION...AUTHORIZING THE MAYOR TO APPROVE AN 2 AGREEMENT WITH EVERGREEN - BASELINE MT. VERNON, L.L.C., AN ARIZONA LIMITED LIABILITY COMPANY FOR UNDERGROUNDING OF 3 OVERHEAD UTILITY LINES ALONG HERRINGTON AVENUE SOUTH OF BASE 4 LINE STREET. 5 6 7 8 9 10 11 12 13 14 15 16 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2005, by the following vote, to wit: Council Members: AYES ABST AIN ABSENT NAYS ESTRADA LONGVILLE MC GINNIS DERRY KELLEY JOHNSON 17 MC CAMMACK 18 19 20 21 22 23 City Clerk The foregoing resolution is hereby approved this day of , 2005. 24 25 Approved as to form and legal content: 26 27 28 Judith Valles, Mayor City of San Bernardino JAMES F. PENMAN, City Attorney BY:~/~~ /{~ . . . ATTACHMENT "I" UTILITY UNDERGROUNDING AGREEMENT This UTILITY UNDERGROUNDING AGREEMENT is made and entered into as of the day of , 20.05, by and between the CITY OF SAN BERANARDINO, PUBLIC WORKS DEPARTMENT ("City"), and EVERGREEN-BASELINE & MT. VERNON, LLC, an Arizona limited liability company ("Evergreen"). RECIT ALS A. Regarding the City Public Works Standard Requirements under Section 3 (g) for the Development Permit (Type II) No. 04-08 (Minor Modification No. 04-04) for the Walgreens at the Southwest Comer of Base Line Street and Mt. V emon Avenue in San Bernardino, CA dated May 10, 2004, this Agreement is being executed prior to or shortly after the receipt of the Certificate of Occupancy ("Certificate") from the City for the building more fully described by the City under Building Permit Number B042251 and Public Works Permits No: E0500033 and E0400567. This Agreement shall survive 24 months following the receipt of the Certificate for such occupancy until reevaluated by the City Engineer and Evergreen to determine if such agreement shall continue or be further extended. NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, it is agreed as follows: AGREEMENTS 1. Evergreen agrees, at no cost to the City, to post one grade A rated performance bond combining the amount of $11,459.20 (as described in Exhibit "A" by Southern California Edison ("SeE") for such undergrounding work) and an additional $3,437.76 (30% ofSCE proposal as requested by City Engineer) for a single performance bond totaling $14,897.00 to be issued to the City for the undergrounding of the 12kv lines serving two residences located on the west side of Herrington Avenue as described in Exhibit "B". 2. Evergreen further agrees that the bond shall be posted for twenty-four (24) months following the receipt of the Certificate for the occupancy of the Walgreens, at which time the City will contact the San Bernardino City Unified School District ("School District") to determine whether the School District is proceeding with all necessary measures for the development of a new school on the two adjacent parcels to the west of the Walgreens site, shown in Exhibit B. If such measures ("Measures"), include either, (i) eminent domain condemnation of such parcels has commenced by School distric1,. or, (ii) the purchase of any such parcels for school development has occurred, ~hen the City hereby agrees to release the above referenced bond to Evergreen and the City hereby agrees to release, acquit and forever discharge Evergreen from such undergrounding duties. . . . ATTACHMENT "}" 3. If following the initial 24 month period from the Walgreens receipt of the Certificate, such Measures have not occurred, the City and Evergreen will reevaluate the San Bernardino City Unified School District's timing and construction plans for developing a new school and this Agreement and such bond agreement shall either be extended for an additional 24 month period or amended as mutually determined by the parties. 4. If at the expiration of the 24 months from the Walgreens receipt of the Certificate, or at the expiration of any extension of time as agreed by the City and the School District, the School District has determined, in writing from the Director of Facilities, that the site adjacent to the west of the Walgreens will not be pursued for the future development of a school, Evergreen shall, without delay, cause to be completed the undergrounding work as specified in Exhibit "A" and shown in Exhibit "B" to the satisfaction of the City. In such event, the City shall hold the performance bond until such work is completed by Evergreen. 5. This Agreement contains the entire agreement between the parties and supersedes all prior agreements, oral or written, with respect to the subject matter hereof. This Agreement may be amended only by a written instrument signed by both parties. IN WITNESS WHEREOF, the City and Evergreen have executed this Agreement as of the date first written above, to be effective as of the date of receipt of the Certificate of Occupancy by Walgreens. CITY OF SAN BERNARDINO EVERGREEN EVERGREEN - BASE LINE MT. VERNON, L.L.C., an Arizona limited liability company By: By: Evergreen Development Company-2003, L.L.C., an Arizona limited liability company Judith Valles, Mayor APPROVED AS TO FORM AND LEGAL CONTENT. By: Evergreen Devco, Inc., a California corporation Its: Manager James..F. Penman, City Attorney By: ",///:~~k 4(/!- By: Doug Leventhal Its: Vice President . . . r~4;bii HJII AGREEML~J FOR REPL~CEMEl\'7 OF OVERHEAD \VlTH UNDERGROUND ELECTRIC FACILITIES {Substructure InstaJlation by ApplicantsJ THIS AGREE~tENT~ made this '5th day of PebT"'Ji'ry .20 -0.5-, bel\\'een SOUTHERN CALIFORNIA EDISON CO}'fPANY, a corporation. hereinafter called ..Company.... and the pany or panJcs \\'hose names are subscribed hereunder as ..AppJicants'.. Evergreen Devco, Inc \\1TNESSETH: VlHEREAS. Applicants have requested Company. pursuant to Section C. of Company's Rule No. 2~ Re placement of Overhead with Underground Elecuic Facilities. except as modified herein, (0 replace Co~pan)" s existing overbead with underground electric facilities at tbe locations in the CouDty of ~n ~Tn" T~ i nn . State of Californ.ia. substantially described as follows: Herrington I Baseline St San Bernardino, Ca and as shown on the map attached hereto and made a part ~of; and vt"HEREAS, It is neces..~' for all property o""ners served from Company's overhead iacilities to be remo\'ed to agree in writing to perform the \\1ring changes on o~'ners' premises so thal sen'ice may be furnished from Compan~."s underground electric system in accordance ",ith Companyts rules and that Company may discontinue Company"s overhead service upon completion of Company.s underground facilities. and "'liERE.-\S. Company is \\'illing to replace Company"s existing overhead \,..ith underground electric facilities provided ..~pplicants pay in advance a nonrefundable sum equal to the estimated COSl of the underground facilities, exclusi".e of .~pplicant furnished and installed facilities.. less the estimated net salvage value and depreclation oCtile replaced overhead facilities; and \\'HEREAS, Underground service connections 10 each applicant from Compan:-'''s underground electric system will be installed and maintained as provided in Company.s rules applicable thereto; NO\\:'. TIIEREFORE, in consideration of the premises. and of the mutual promises and covenants 0(."' the panies hereto, hereinafter contained. it is mutually agreed by and between the parties hereto as follows. viz.: # . 1. Applicants ~'il1 pay to Company concurrently ~.ith the execution hereof the nonrefundable amount of S 11, 4 Ii q 2 n , ~'hich is equal 10 the estimated cost of the underground facilities.. exclusiv~ . _ of Applic:tnt furnished and installed facilities, less th~ estimated net sal\-age value and de-preciation of the replaced overhead facilities. The amount contributed thereto by each of said Applicants is designated after his name hereinafter. 2. .-\ppb~ants 'AiU furnish and install the p3ds and \"3U!t~ for tran.~formers a..,d associated equipment. conduits, ducts. boxes. and electroher bases. and perfoml other ",.ork related (0 structures and substruclures including breaking of pavement.. trenching. backiiJ1ing. and repaving required in connection with installation of the underground system. aU in accord3nce ~'jth Company's specifications and liming requirements at Applic.ant's expense. 3.- .Cpmpany \\fill cOlllpJete the undergrounding of said overhead distribution electric facilities. provided. ho~e\'cr. Company ha...~ been granted rights of ~'ay therefor satisfactory to and \\1thout cost to Company. sc.f cso ,.... .-.,. 1VCT o ~...~~ . . . 4. Parties hereto do hereby declare it is their mutual intention that title to and ownership of said underground strUctures and SUbstruclure~ consisting of pads. vaults. conduits, ducts. boxcs. and clectrolier bases stWl vest in Company. ..\pplicants do hereby agree. dlat immediately upon completion of the underground system described hereinabove and acceptance by Company. title to each and every component part thereof shall immediately pass to Company without funher action upon the part of ..e\pplicants. 5. Applicants each agree Applicants will pcrfonn necessary wiring changes on ."pplicants' premises so that service may be furnished from Company's underground clccuic system in accord.ance \\:ith Company~s rules~ and Company may discontinue Conlpany's overhead service upon completion of Company's underground facilities. 6. This contract is $ubje~t to the Rules of Company, _ 7. TIlls contract shall at all times be subject to such changes or modifications by the Public Utilities Commission of the State of California as said Commission may. from time to time. direct in the exercise of its jurisdiction. Il'l \~"ESS \\:'HEREOF~ the parties hereto have e~eculed this agreem~nt on the day and year first above wriuen. SOUTIiERN CALIFORNIA EDISON COMPANY By REGION OR DIVISION MANAGER Customer Service Planner REGJON OR ONlSlON SIGNAnJRE OF APPLICANTS ..w ORE S 5 ~\,tOUNT CONTRmurED hO~1-7262 5-7203 overhead R~mnval S 2,124...00 6431-7261 5-7202 Underaround Installation $ 9.3~5.20 .$ ~ C.l.lS101\R \ll1~E ~ ~\tU~.nU'lk. ~ l~ W\'v'~ s s TOTAL S11..Ac;Q .,n \Vitness Address 156-4 -2- ------:: - . - -- ~-- ..... \ _ :;,IJ E.'l l...c;:;f). 33~ ------ . ~_._~~----/~---~---- v i -- / ' _ _ _ .:.;---_ I r, L _"" \0 ~~ \\ \ 7 ~ ~D' \.. '\ p\1b 'l'I,\\ \~'. 1- yuStLiJ\Ol\\) "iJ/t(4-/ \, ' llJ \ - SD 't:J~ \-LOI11.\\J \ ~ ,~~. \ c.r SJ~ \ t.?fJ) 'r\q p\u &~ \ \... "b II v.. \~'fc..'~ \ :)[;P' ~'JL 1: 3~ \- 'J./O _ _ _ \ tB (,1 \Ti1'l~ \~ \-\.H. \ - \\'cl~'< ,,~RS 1- ~1?U:."'/..'S. ' \ c.;:t:. \ - \~)t~ i. \ ~ \\. ~ · \OD'5 n5/... \\S~ 0;-\ 1 \-\.~ 1D ?\... \1.,0. \\1# 1- \ \ \, G:I$ .~~\ ~ '-'-. " '.. \ D,~' ". ~ C-A-..'?..'?D \C\ \ · \" - ~.,.- ( ~\\)\Ci~ Dl.\\\~d C)\I~ Df ""= ~~\f)\tld ~c01- U~ 5-\.t~3\ \s)A>1 , \ 'I 0~'(l. 0\;."1\\ \.- &/~ (l\1 "n (1;1 ...-;....ro: \1<tO'&1.l..\f L\S' 2 o ~ ~ ~ ~ ~ I!",' ' \ _ ..,." t1 1 r" . \ C. \;. (> I. ol ,. ~ ....... \ J... '" i _ \.\ \\\'1 Y"~\ ",.".s :f;D t\ '4 y\ \.A ~:.. \~ ~At. Q-~9) \-~\~ c;r:. \ - \ ~ ~\.\ 1.. \5 ~. -t\ . . \ I @.. >>\\fft~l'L~ S. ,'N t:.'~ \ \),. <;;\ \ <. (: l::. \ r"I.A.~N~;{t \...,\ C)\~~~ 'tv. "2,[..1- (cl: 1.1- IH ~~.~ C\ C: i:. "\D \J. ~ \ 'i.\S/S. C ?~1'- "\1).0. rn~ E~~;'N (~l.E 7D (;, ,.;::.i.JCV. 'i ?:'E. \ Of\A'.~N av t~.~~. ~O~KEO 9'(: ~ N\f ~ y.~p NO:S ~~\J. t.\;"? l'O:S ; \)~~'F\e:>~ i,..'\ ' nFrt.1 / ~\.,:~~ ~\,o ~\ CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT . UTILITY UNDERGROUNDING SURETY BOND Bond No. SSB377284 KNOW ALL MEN BY THESE PRESENTS: THAT Evergreen - Baseline and Mt. Veroon. LLC as Principal and RLI Insurance Comoanv a corporation organized and existing under the laws of the State of Illinois and duly authorized to transact a surety business in the State of California, as Surety, are held and firmly bound unto the City of San Bernardino in the just and full sum of Fourteen Thousand Eight Hundred Ninety-Seven & No/IOO------(S14.897.00) DOLLARS, for the payment of which, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, frrmly by these presents. THE CONDITIONS OF THE ABOVE OBLIGATIONS IS SUCH THAT, WHEREAS, the said Principal above is applicant under Development Permit (Type II) No.04-08 of the City of San Bernardino, California, for Utility Undergrounding, on the following described property: NOW, THEREFORE, IT IS AGREED that if the Principal shall: a) Gomply with all the provisions of the City of San Bernardino Utility Undergrounding Agreement and other applicable laws and ordinances. b) Comply with all the terms and conditions of the permit to the satisfaction of the Public Works Department; c) Complete all of the wok contemplated under the said permit within the time limit specified in the permit, and any extension or extensions thereof; and, ~ d) Reimburse the City for any work required by the permit that the Public Works Department deems necessary to complete, correct or otherwise undertake for the public safety, because of failure on the part of the Principal, then this obligation shall be null and void otherwise it shall remain in full force and effect. PROVIDED, HOWEVER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the permit or of work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any change, extension of time, alteration or modification of the permit or of work to be .performed thereunder, and PROVIDED FURTHER, that in case suit is brought upon the bond by the City or any other person who may bring an action on the bond, a reasonable attorney's fee, to be fixed by the court, shall be paid by the Principal or Surety subject to this bond limit stated above. ADDITIONALL y", that any cost incurred to the City of San Bernardino for Code Enforcement inspection shall be deducted from the deposit or paid in cash to the City of San Bernardino as a result of issuance of the Certificate of Use and Occupancy. IN WITNESS WHEREOF, the said Principal and Surety have caused these presents to be duly signed and sealed this 8th day of IYIY-, 2005. EVERGREEN RLI Insurance Company /_ _. Surety By: JL) L I L{lf ~ 6LtLti;-::; Ginger J. Kr&, omey-in-fact EVERGREEN - BASE LINE MT. VERNON, L.L.C., an Arizona Limited Liability Company By: Evergreen Development Company-2003, L.L.C., an Arizona Limited Liability Company Its: Manager Address: P.O. Box 3967 - '-- By: Evergreen Devco, Inc., a California Corporation . Peoria. IL 6i612-3976 Its: ~anager ~ fl:e -f~\J_ , Doug Leventha -- Vice President By: Its: . . . STATE OF INDIANA) COUNTY OF MARION) ) 55 On this the 8th day of August , 2005, before me, the undersigned Notary Public in and for said County and State, personally appeared Ginger J. Krahn, the Attornev-in-fact ofRLI Insurance Company a(n) Illinois corporation, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by his signature on the instrument the entity on behalf of which she acted, executed the instrument. WITNESS my hand and official seal. J~vk Brenda Johnston Notary Public My commission expires: August 22, 2009 ----I RLI . RLI Surety A Division of RLllnsurance Company P.O. Box 3967 Peoria.IL 61612-3967 Phone: 309-692-1000 Fax: 309-692-8637 Know AU Men by These Presents: POWER OF ATTORNEY RLI Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLllnsurance Company, an Illinois corporation, does hereby make, constitute and appoint: MICHAEL M. BILL. EDWARD L. MOURNIGHAN. MICHAEL H. BILL. CYNTHIA L. JENKINS. GINGER J. KRAHN. SHEREE HSIEH. BRENDA JOHNSTON. JOINTLY OR SEVERALLY in the City of Indianapolis . State of Indiana its true and lawful Agent and Attorney in Fact, with full power and- authority hereby conferred, to sign, 'execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten MUUon Dollars (510,000,000) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors ofRLI Insurance Company, and now in force to-wit: .AlI bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of he Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its President with its corporate seal affIXed this 16th day of March 2005 . State of Illinois ",,'UUIt Iltl ,,\\'~NCE C'll',~ ...........'~~ ......... O~'"'''' ;~... ... ~....~ ~...... . . ~..... ~ ~ / (iO"'POA~ 1'~ ... ~~ ~ : .,'- · ~ E ~ ~ ... SEi\.J.4: g \./,.. ....... ~...... ....."f ""/"Il(; .N'o \ s\\,,~......, 11111"" fI ,,"\\\' County of Peoria } SS On t.his ..l.2!I:L day of March ,2005.. before me, a Notary Pubhc, personally appeared Jonathan E. Michael . who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. AAA~....A~~...~AAAA.~ ~~1. ~?FFIC,I:Al ~E~l': . '~1A"~ .AC "lJfIl~f. M r\~,...."',[R ~L'N()JS, : ,""MM'\"Jr'~J fXr.tif:'. ,'l'1,'r:l :rlA ..~.. ", _ r _.." ." . ... 1 J I S66S030 I 06 RLI Insurance Company By: ~ Jonat n E. el E A/tUf President CERTIFICA TE I, the undersigned officer of RLI Insurance Company, a stock corporation of the State of Illinois, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthennore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have h~pnto set my hand and the seal of the RLI Insurance Company this ~ day of Al'&' ld- , .2al5-.. RLI Insurance Company By: c::x~ ~ ~ E A/..~ Jonat~ President AOOS9DOJ . . . I I i , i . I TERRORISM RIDER I . ! NOTICE - FEDERAL TERRORISM INSURANCE COVERAGE AND DISCLOSURE OF PREMIUM , i ! ! Any loss applicable to a peril covered under this bond that is caused by a certified act of terrorism pu~uant to the tenus of the Terrorism Risk · Insurance Act of '2002 ("the Act, It). will be partially reimbursed by the United StateS under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding a statutorily established deductible to the insurance company providing this bond. The portion of your annual premium attributable to certified acts of terrorism under this bond is $1.00 I ! COVERAGE LIMITA nONS payinent for a loss will not exceed the, )i~t of liability under this bond. This bond will not pay for any portion of certified terrorism loss beyond any applicable annual liability cap set forth in the Act The terms of this rider do Dot provide coverage for any loss that would otherwise be exc~ud~4 by the te~s of this bond. 1 ! I f I I " ; o . I I I I I I I MOO11103 ~ ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM ,}(Y'/~ - :2 q i? 1') I u.- Resolution # Absent Meeting Date (Date Adopted): q - (I.. OS-Item # Vote: Ayes / - '7 Nays Change to motion to amend original documents 0 Abstain Companion Resolutions NulI!Void After: days/ PUBLISH 0 RECORD W/COUNTY 0 By: Note on Resolution of attachment stored separately: 0 Resolution # On Attachments: 0 POST 0 Date Sent to Mayor: Date of Mayor's Signature: Date of Clerk/CDC Signature: Date Memo/Letter Sent for Signature: 151 Reminder Letter Sent: Date Returned: 2nd Reminder Letter Sent: Reso. Log Updated: .>4" Seal Impressed: ~ Reso. # on Staff Report ~ Not Returned: 0 Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413,6429,6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes /' No~BY_ No_ By_ NoLBy_ No 7~y ____ No--L By_ Yes Yes Yes Yes Copies Distributed to: Animal Control 0 EDA 0 Information Services 0 City Administrator 0 Facilities 0 Parks & Recreation 0 City Attorney ftJ Finance 0 Police Department 0 Code Compliance 0 Fire Department 0 Public Services 0 Development Services [J (~') Human Resources 0 Water Department 0 Others: / Notes: Ready to File: -1- n t' I ~~ ,.D~ Date~1 \ ) Revised 12/18/03