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Home My WebLink AboutA5 4 � DEPARTMENT OF PLANNING & HOUSING 515 Clark Avenue,P.O. Box 811,Ames,IA 50010 Caring People Phone: 515-239-5400♦Fax: 515-239-5404 Quality Programs Exceptional Service ckuester@city.ames.ia.us March 21, 2013 Nathan S. Ward Buell Consulting 1200 Riva Ridge Racine, WI 53402 Dear Mr. Ward: I inspected the property at 1325 S.4th Street and can confirm that the temporary cell tower and fencing have been removed. Therefore, I am returning the bond that was to ensure that the equipment was removed or the required paving and landscaping was installed no later than May 1, 2013. Any future use of this property for a temporary cell tower will require a new Special Use Permit issued by the Zoning Board of Adjustment. If you have any questions, feel free to contact me at 515-239-5400. Sincerely, (�a Charlie Kuester Planner CC: Matt Randall S:\PLAN_SHR\Staff\Charlie\Letters and MemosWerizon Bond-03-29-13.docx SITE IMPROVEMENT Performance Bond Bond# 017138906 MOW ALL PERSONS BY THESE PRESENTS: That we Southwestco Wireless,L.P.d/b/a Verizon Wireless 180 Mshinaton VAlley road. Bedminster,NJ 07221 Principal,and Liberty Mutual Insurance Company a corporation authorized to do surety business in the State of MA as Surety,are held and firmly bound unto City of Ames, Iowa City Hall, 515 Clark Avenue, Ames; IA 50010 as Obligee,in the sum of Fifteen Thousand Six Hundred Dollars and 00/100 Dollars($ 15,600.00 )lawful money of the United States of America,for which payment well and truly to be made, we bind ourselves, our heirs,executors, administrators, successors, and assigns firmly by these presents. WHEREAS, the Principal has entered into an agreement with the Obligee, guaranteeing only that the Principal will complete site improvements at certain lanai known as 1375 Smith Ath Strppt, nr„As, IA50010; To ensure the wemg0t and landscape is ,installed and the temporary equipment and fence is removed from property prior to May 1, 9013 all of which improvements shall be completed on or before the date set forth in the agreement or any extension thereof, and the Principal provides this bond as security for such agreement. NOW, THEREFORE, the condition of this obligation is such, that if the Principal shall carry out all the terms of said agreement relating to the site improvements only and perform all such work as set forth in the attached agreement,then this obligation shall be null and void;otherwise,to remain in full force and effect. No party other than the Obligee shall have any rights hereunder as against the Surety. The aggregate liability of the Surety on this bond obligation shall not exceed the sum stated above for any reason whatsoever. SIGNED,SEALED AND DATED THIS 5th DAY OF September 2012 PRINCIPAL: Southwestco it s , P,d/b r on Wireless By: SURETY: Lib y M tua! In ce Company e uel Jo es ,Attormy-in-Fact APPR g AS TO F RM BY ; � __ DOUGLAS P. CITY c.T- , THME POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 4977930 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company(the"Company"),a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint ERIN M.MARGELIS, MYRNA SMITH,MENUEL JONES,JEFFREY TYLER,ELVIA E.FOIL,ALL OF THE CITY OF WASHINGTON,STATE OF WASHINGTON,DISTRICT OF COLUMBIA ... ................................................................................................................................................................................................................................................................................. ................................................................................................................................................................................................................................................................................. , each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver,for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding ONE HUNDRED EIGHTY MILLION AND 00/100='=**'_..««"`««:«:««««._._««««««.«_.«.««««_..««..«««.«=.DOLLARS($ 180,000,000.00******'*-*-"'**'**'*'« )each, and the execution of such undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents,shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. co Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the "O chairman or the president may prescribe, shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make, to Nto p execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys- 4) C in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and _ execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if .N C d signed by the president and attested by the secretary. w _A By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: _ M C d Pursuant to Article XIII,Section 5 of the By-Laws,David M.Carey,Assistant Secretary of Liberty Mutual Insurance Company,is hereby authorized � O ti. to appoint such attorneys-in-fact as maybe necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety 0 Cany and all undertakings,bonds,recognizances and other surety obligations. W cc c y > That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. E QMIN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty c y Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this day of 9th day of November O c 2011 L LIBERTY MUTUAL INSURANCE COMPANY 3 to y OO 02 CL a C l0 00 u gy A - David M.Carey, 'sistant Secretary w � COMMONWEALTH OF PENNSYLVANIA ss O C. �1�+; COUNTY OF MONTGOMERY 'd 0,_ 'a E+6 On this 9th day of November 2011 before me, a Notary Public, personally came David M. Carev, to me known, and Iv L.O �a acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company;that he knows the seal of said corporation;and that he executed >JZ the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said = r= 0 corporation. +•N Co I> d EN. 0 _ IN TESTIMONY WHEREOF lahaue hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania,on the day and year w v first above written 00 LJ 0 1 r, By Teresa Pastella,Notary Public CERTIFICATE ;^,> 1,the undersigned,Assistant Setsfetarym-f Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy,is-in.f kforce and effect on the date of this certificate;and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company,wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds,shall be valid and binding upon the company with the same force and effect as though manually affixed. IN T� TI PONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 51-1 day of Gregory W."Davenport,Assistant Secretary