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HomeMy WebLinkAbout2010-10-21 Subdivision Bond 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 agreedto 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. Princiaa' By: —.� /// ..��/ ' _ -_4&/ / 1 Tray- ers Casual and Surety Company of America By: . _ . � _ f!1_ �1 /A Ju• A. M Googan ttorney -in -Fact S- 3689 /GEEF 2/98 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 • ffice in the aforesaid County, the day and year in this certificate first above written. ' .. 1 1 .. L __ JESSICA SEAL _ JESSICA DIAZ Notary Public NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES:07 /10/13 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELER 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. 0 0 3 0 4 31 8 9 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 St. 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 Josefina Cervantes of the City of Chir on , State of Illinois , their true and lawful Attorney(s) -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 pASUq� 1 ttllr'r. n , ^�Jf{ETy y FIPE 6 �N ... IN "++ 1NSU , ANO �pwe�Y�y- M 5 S o ^"rVltr -� N q ��OR P ORA)fi Q P OR AT 1n 9 i ►4� � I g W :'tAa a . 19 o d4 .— �: _.. ? m _ : : 19i'7 1927 a¢ HARTFORD, wutrasM fl y 5 a 1951 a ,°•i EA �5L �tSS oN. oaR+ c am . ris din AN ,� r G y �. �, # sf 1 . O 11. / ♦o A c N j a OFNEW R �� 1 A N A •..... * A di • 'Nl "q MO e*,4 State of Connecticut By: City of Hartford ss. Georg= •J Thompson, senior 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. to.terk C V My Commission expires the 30th day of June, 2011. * "two * W w" Marie C. Tetreault, Notary Public '<:1 58440 -5 -07 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER . , s This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors 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, which resolutions are now in full force and effect, reading as follows: RESOLVED, 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; and it is FURTHER RESOLVED, 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; and it is FURTHER RESOLVED, 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 -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, 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 binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, 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 do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies thi'f day of °PC. , 20 10 . Kori M. Johans Assistant Secretary p�� $Crafty F�RE6 �N .M :NSU ESYq `� ate _ ` £ J .. E -....5 t a a �+o g�.� sUTY Q2��'YJ ~ cY fi 0a * r �9 r > 9 �i P�J �........,. q .� � s = 4 9J t S IM "•' ��'- 4 198 oI � 19 77 1927 < � �: as __ .� a H�nrvoAO, . �' � . l•. n Ji `O COHN . . Q N �� a � 1951 s � � `SEAL of � �� 44:. a y ,t o �`.. / f o` S 8 RL : s pH ' - �F y d s c o..........' y f V 1 a- Y.•.... .: •d b OFN EW �ne� tww AN1 tr ....... �,A bt '�a s Awe • To verify the authenticity of this Power of Attorney, call 1- 800 - 421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER