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Home My WebLink About2011-10-25 OPH Ltr to Aldi Re Bond Release City of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439 -4439 • Fax (651) 439 -0574 October 25 2011 > _ ) y , - f` 1 , Ryan Stemmons, Director of Real Estate Aldi Inc - Faribault Division 4201 Bagley Avenue North Faribault, MN 55021 RE: Bond release - #105507872 Dear Mr. Stemmons, Please be advised that based on information known at this time, the City of Oak Park Heights does not have an objection to the release of the Subdivision Bond in the amount of $153,000 as may have been issued by or between Aldi Inc. and/or Travelers Casualty and Surety Company of America — Bond #105507872. Please - e know if you have y quest ns. S 7 S Eric Jo , • on (0/2.47k City Adminis for No attachments. Cc: Aldi Project File. ✓ , • FILE COPY SUBDIVISION BOND Bond No. 105507872 KNOW ALL MEN BY THESE PRESENTS, that we Aldi Inc. 1200 North Kirk Road Batavia, IL 60510 aS Principal and Travelers Casualty and Surety Company of America authorized to do business in the State of MN , as Surety, are held and firmly bound unto City of Oak Park Heights, MN as Obligee, in the penal sum of One Hundred Fifty Three Thousand and no /100 ($ 153,000.00 ) DOLLARS, lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Aldi Inc. has agreed to construct in 13747 60th Street N., Oak Park Heights, MN the following improvements: Installation of street, water, sewer and other public improvements , and development of on -site improvements as per Development Agreement Exhibit A NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall construct, or have constructed, the improvements herein described and shall save the Obligee harmless from any loss, cost or damage by reason of its failure to complete said work, then this obligation shall be null and void; otherwise to remain in full force and effect. Signed, sealed and dated this 21st day of October , 2010 Aldi Inc. / Princ;pa! By: —.�� // �� /, , � _ _ 4 Tray- ers Casual and Surety Company of America BY: \ 47:1 f< ■■ Ju • r A. M Googan , ttorney-in -Fact S-3889WGEEF 2198 ACKNOWLEDGEMENT BY SURETY STATE OF ILLINOIS COUNTY OF Cook On this 21st day of October , 20 10 , before me, Jessica Diaz, a Notary Public, within and for said County and State, personally appeared Judith A. McGoogan to me personally known to be the Attorney -in -Fact of and for Travelers Casualty & Surety Company of America and acknowledged that she executed the said instrument as the free act and deed of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at i office in the aforesaid County, the day and year in this certificate first above written. .A� L 1I I�.i�.i. OFFICIAL SEAL JESSICA DIAZ Notary Public NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES:07110113 WARNING' THIS POWER OF ATTORNEY IS INVAUD WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELE J� Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 217490 Certificate No. 003043189 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that Si Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Jacquelyn M. Norstrom, Judith A. McGoogan, John P. Harney. Joseph J. Zahn, and Josctina Cervantes of the City of C'hiraQcr _.. . State of Illinois . their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF. the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 5th day of May 2008 Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company d cr a� * Qy �i►�'s y � �� :! s p, ' y ra� y ' ty eve rwg b yOYN� e 1982 • 11 _ 1927 v.r.., v } £' ?0 7 • SeJ' t 0 . ° f } !RM 'sat, { c, ce.. . A 8 grit • ' . !7 r e . State of Connecticut By; Amm+ �, - City of Hartford ss. Georg. j Thompson. ice President On this the 5th day of May 2008 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company. Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof I hereunto set my hand and official seal. Ql C • My Commission expires the 30th day of June, 2011. * * Marie C. Tetreauh. Notary Public 58440 -5 -07 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER