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Home My WebLink AboutRES.1904.08-04-2003a- . , BILL NO. 03-130 RESOLUTION NO. q A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO ACCEPT THE LAND SUBDIVISION BOND SUBMITTED BY DRURY SOUTHWEST, INC., AND DSW DEVELOPMENT CORPORATION FOR CAPE WEST VILLAGE SECOND SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Pursuant to Section 25-45, et seq., of the Code of Ordinances of the City of Cape Girardeau, Missouri, Drury Southwest, Inc., and DSW Development Corporation, have posted a Land Subdivision Bond in the principal amount of Ten Thousand Seven Hundred Thirty-seven Dollars ($10,737.00) with Travelers Casualty and Surety Company of America, as Surety, for the Cape West Village Second Subdivision, in the City of Cape Girardeau, Missouri. ARTICLE 2. This Subdivision Bond is hereby approved, and the City Manager is hereby authorized to accept it on behalf of the City of Cape Girardeau, Missouri. A copy of said Subdivision Bond is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF , 20 eay Mayor ATTEST: Gayle . Conrad, City Clerk r Bond No: 104.133565 SUBDIVISION BOND KNOW ALL MEN 13Y THESE PRESENTS, that we Drury Southwest, Inc. and DSW Development Comoration, as Principal, and Travelers Casualty and Surety CpMpan�of America, are held and authorized to do business in the State of Missouri, as Surety, are held and firmly bound unto City!pf Cape Girardeau as Obligee, in the penal sum of Teil Thousand Seven Hundred Tlyrty Seven Dollars and no/100 (SILZL7.00bl 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, prury Southwest Inc and DSW Development Corporation has agreed to construct in Cape West Village 2°° Plat the following improvements: Rock Base. Pavement. Junction Box Storm Sewer Relocation and Water Line Extension. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal snail construct, or have constructed, the improvements herein described and shall save the Obligee harmless form any loss, cost or damage by reason of its failure to complete said work, then thus obligation shall be null and void, otherwise to remain in full force and effect. Signed, sealed and dated this 3e date of July 2003. -�: $1MGLE>:NaNU.m, 1pRUSOili%71AIl-RV9DIV[SION80ND101133561.DOC Drury Soutbwest. Inc. and DSW Developm —e t omoration Principal ay.I President Larry strich Travelers CasualMgnd Surety Comn any oS�r�sr3erze ' . Shy • ISI By: " Lisa A. McAleenan, Attoiney-in- axt TRAVB%ERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVEMS CASUALTY AND S'[l2tltTY COMPANY FARMWGTON CASUALTY COMPANY Hartford, Coneecticat 06183-9062 POWER OF ATTORNEY AND CERTIFICATZ OF AUTHORITY OF ATTORNEY(S)-IN-FACT IINOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") bath made, constituted and appointed. and do by these prtseuts make, constitute, and appoint. Lisa A. McAlceoan, James R. Caldwell, .loan F. FJriedck of St. Louis, Mtasouri, their true and lawful Attorney(s)-inn-jFact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following in`tri;t ent(s): by his/her sole signature and act, any and all bonds, recogttizances, con=ts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertalcing and any and all consents incident thereto and to bind'the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized offictts of the Companies; and all the acts of said Attorney(s)-in-Tract, pursuant to the authority herein given, are hereby ratified and confirmed. This appoinmnent is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full forte and effrxt: VOTM- That the Chairman, the president, any Vice Chairman, any Executive Vice President, any Senior Vice Presidmt, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Ct gamte Secretary or any Assistant Secretary may appoint Attorneysiz-Fe t and Agents to act for and cin behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sip with the Company'3 name and seal with the Company's seal bonds, recognizmces, 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 Dircctcra at any time may remove any such appointee and revoke the power given him or bcr. VOTED: That the Chairman, the ,president, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all ar any part of the foregoing authority to one or more officers or employees of this Company, provided that each such ddcga6on is in writing and a copy thereofis filed in the office of the Secretary. VOTED: That any bond, recog k-wc, contract of indeuutity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid Pend binding upon the Company when (a) signed by the Presidml, 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 staled with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (undtr seal, if required) by one or more Attorneys -in Fact and Agents pursuant to the powur prescribed in M3 or her certificate or thoir certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney =d Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND. SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARbURGTON TASUALTY COMPANY, which R,eso)ution is now In full force and effect: VOTED: Tbat the signature of each of the following officers: President, any Executive Vice President, any SeniorVice 1't6idaat, any Vice President, any Assistant Vice President, any Secretory, any Assistant Sectetury, and the stn! of the Company m,�-be_ 4Miied-* facsimile to any Power of attorney or to any certificate relating thereto appointing Resident Vice Presidents. Resident Assistant Sees or Attorneys -in -Fact for purposes Only orcxccuting and attesting bonds and undertalongs and other writings obligatory in the nature thereon; i ioeZ4 such power of attomcy or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and ccrtificd by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to wbicb it is attached. Mravele7rs IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certalin acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government Will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism -related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional Premium charge, has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. !NOT'ICE TO MISSOURI POLICYHOLDERS We are here to serve you ........ As our polleyholder, your satisfaction is very important to us. Should you have a question about your policy, please contact your insurance agent first You may also contact the insurance company issuing the policy. You may contact the company at the following address and telephone number Travelers Property Casualty consumer Affairs One Tower Square Hartford, CT 06183 wo) 954-2382 Written correspondence is preferable so a record of your inquiry is maintained. When contacting the agent or company please have your policy number available. MONOTI (11-97)