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Home My WebLink AboutA004 - Agreement dated April 25, 1978 - with bond dated March 7, 1978 A G R E E M E N T KNOW ALL MEN BY THESE PRESENTS: This Agreement, made and entered into this 25th day of April 1978, between Erben A. Hunziker and Donald M. Furman, of .Story County, Iowa, hereinafter referred to as "Owners" , and the City of Ames, Iowa, hereinafter referred to as "City" , WITNESSETH; WHEREAS, Owners are in the process of platting real estate to be known as -Ontario West First Addition to Ames, Iowa, and WHEREAS, Owners are required to construct certain improvements and utilities within the real estate, and to pay reasonable engineering and inspection fees therefor, all as part of the platting procedure 'of the City; NOW, THEREFORE, in consideration of the premises, it is hereby agreed that Owners shall deposit with the City a surety bond, or a certified check; in the amount of $ 69; 850:00 conditional upon the completion of the improvements and utilities as required by City for said Subdivision. t. is further agreed that City reserves the right to construct said improvements and utilities in the event Owners fail to do so as herein agreed, and to cover the costs thereof with the surety bond or the certified check, as the case may be.' It is further agreed that upon the satisfactory completion of the said improvements and utilities, including the paying of a reasonable engineering and inspection fee therefor, the bond shall be released and the bondsman exonerated, or the certified check shall be returned to Owners, as the case may be. Dated this day of* 1978. Yi7 ,r CITY OF ES, IOWA Er -- A. H a nziker By . . 7 c Terry V. Spr kel, H EGLAN D, NEWBROUGH Donald M. Fur Y g an City Manager JOHNSTON, BREWER OWNERS CITY & MADDUX AMES, IOWA r OIL Zza 0 UNITEDIFIRE & CASUALTY. COMPANY CEDAR RAPIDS, IOWA Bond -Iso a- 54,13 3 4 7 (A' STOCK COMPANY) KNOW ALL MEN BY THESE PRESENTS ,- That we, Erben ,A,. Hunz iker and Donald M. Furman DBA H & F Builders (A Partnership) , of Ames, Iowa (herein- after called Principal)-;-- and the UNITED FIRE & CASUALTY COMPANY, an Iowa Corporation of Cedar Rapids, Iowa (hereinafter called Surety) , p, are held and firmly bound unto the City of Ames, Iowa, a municipal corporation, as Obligee in the penal sum of Sixty-Nine thousand Eight Hundred and Fifty and no/100 ($69, 850. 00) Dollars lawful money of the United States of America, for the payment of which whereof well and truly, to be made.,_ the said principal binds themselves, .their -- heirs, executors and administrators,ssuccessors and assigns, and the Surety. binds itself, its successors and assigns, jointly and severally, firmly by these presents. WHEREAS , the above bounden, Erben A. Hunziker and Donald M. Furman -DBA H & F Builders (A partnership) have asked for the approval of a certain subdivision`.. known as Ontario West First Addition- to the City of Ames, Iowa. NOW?;, THEREFORE, if the above bounden,. Erben A. Hunziker 'and Donald M. Furman DBA H & F Builders (A partnership) shall construct Streets, Street signs, Street Lights, in Ontario West First Addition, Ames, Iowa, and pay a reasonable inspection fee therefor, all as a part of the platting ordinance Of' the City of Ames, l:owa, all of which to be completed within two (2) years from the date of acceptance of the final plat by the City Council , then this obligation to be- null and _void;_ otherwise--to be-.-and- remain.-In--full force and -effect: - It is understood and agreed, however, that the liability of the Surety hereunder shall not exceed (1) the penal sum hereof, or (2) the actual cost unto the City of Ames, Iowa, for the completing such specified improvements, should such costs be less than the penal sum hereof. Dated at Ames, Iowa, this 7th day of March, 1978 . H & F BUILDERS ( A PARTNERSHIP ) BY i UNI ED FIRE & CASUALTY COMPANY B Attorney-in-fact° ` j _ - UNITED ARE & CASUALTY COMPANY HOME OFFICE CXDAR RAPIDS,IOWA Certificate of Authority Individual Attorney-in-Fact. KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, hath made, constituted and appointed, and does by these present, make, constitute and appoint .Richard J. Ehlinger, or Maynard L Hansen, or Scott McIntyre, Jr. , or Roger G. Heckroth, or John F. Coleman, or ....................................................................................................................................................................... Gail Scandridge, Individually, ....................................................................................................................................................................... of ,.Cedar.......Rapi. d.s ,...Iowa., ...... .... ......... .................................................................................................................... its true and lawful Attorney-in-Fact with full power and authority hereby conferred to sign, seal and exe- cute in its behalf bonds, undertakings and other obligatory instruments of similar nature as follows: Any and all bonds . The authority hereby granted shall expire ....................................................................................................................................................................... two (2) years from the date hereof unless sooner revoked, ....................................................................................................................................................................... ....................................................................................................................................................................... and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. ` "Article V-Surety Bonds and Undertakings." Section 2. Appointment of Attorney-in-Fact. The President or any Vice President may from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds,under- takings and other obligatory instruments of like nature.Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instrument and to attach the seal of the Company thereto.The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attorney-in-fact. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by its.Vice president and its corporate seal to be hereto affixed this...lst day of .....Mai'..................................... 19.1 ... UNITED FIRE & CASUALTY COMPANY (SEAL) /S/ ROY L. EWEN .................................................................................... Vice President. State of Iowa, County of Linn, ss: On this............................day of......May................................1 19.....6... before me personally came ................................................ROy..L.....Ewen.............................................................................................. to me known, who, being by, me duly sworn, did depose and say: that he resides in Cedar Rapids, State of Iowa; that he is a..1CePresident of the UNITED FIRE & CASUALTY COMPANY, the cor- poration described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to author- ity given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. (SEAL) /S/ C. RICHARD EKSTRAND .................................................................................... My Commission Expires.September 30 19 77 CERTIFICATE Glen H. Smith, Jr. , ..AAlNl,&KSecretary of UNITED FIRE & I. ................................................ ,, ,,,,, 6 CASUALTY COMPANY, I do hereby certify that the aforementioned Power of Attorney dated.............5-1-7 Richard J. Ehlinger, or Maynard L. Hansen, or Scott McIntyre, Jr. , in behalf of.or,,,Rp,gpr G. Heckroth,,, or„.John F. Coleman, or. Gail Scandridge, .... is a true and correct copy and that same is still in force. Individually, In testimony whereof I have hereunto subscribed my name and a.Aixed the core to seal of t1w said Company this.?th....day of....March.................... 19.7 8.... ......... t '..... �i�; Secre :C3 I CORPORA % UND-3163b (5-76) 15 % SE.4L