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CorrespondenceCity of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax (406)758-7758 C.M. Clark 508 Siblerud Kalispell, MT 59901 December 20, 2007 RE: Amended Lot 6, Block 251, Kalispell Addition No. 7 Subdivision License and Permit Bond No. 14920287 $4,000 Dear Mr. Clark, An examination by the Public Works Department of the referenced project revealed that the work has been completed in accordance with the approved plans and specifications. I have enclosed your Bond in the amount of $4,000 per Mark Crowley's instructions. If you have questions, please contact me at 406-758-7750. Sincerely, Debra J. Deist Treasurer k V City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 599034997 - Telephone (406)758-7720, Fax (406)758-7831 December 20, 2007 To: Deb Deist, City Treasurer From: Mark Crowley, Construction Manage Re: Amended Lot 6, Block 251 Kalispell Addition No. 7 Subdivision The developer for the project has completed the required improvements in accordance with the approved plans and specifications. A recent examination of the project was performed, and the Public Works Department concludes that the required improvements items have been constructed in accordance with the approved plans and specifications and the letter of credit should be released. Cc: C. M. Clark 508 Siblerud Kalispell, Montana 59901 Planning Department 2-0 December 4th, 2006 Western SuretyCompany LICENSE AND PERMIT BOND KNOW ALL PERSONS BY THESE PRESENTS: Bond No. 14920287 That we, C.M. & Janet M. Clark ofthe City of Kalispell , State of Montana , as Principal, and WESTERN SURETY COMPANY, a corporation duly licensed to do surety business in the State of Montana , as Surety, are held and firmly bound unto the City of Kalispell State of Montana , as Obligee, in the penal sum of Four Thousand and 00/100 DOLLARS( $4, 000.00 lawful money of the United States, to be paid to the Obligee, for which payment well and truly to be made, we bind ourselves and our legal representatives, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas, the Principal has been licensed Excavation Lic by the Obligee. NOW THEREFORE, if the Principal shall faithfully perform the duties and in all things comply with the laws and ordinances, including all amendments thereto, pertaining to the license or permit applied for, then this obligation to be void, otherwise to remain in full force and effect until December 4th 2007 , unless renewed by Continuation Certificate. This bond may be terminated at any time by the Surety upon sending notice in writing, by First Class U.S. Mail, to the Obligee and to the Principal at the address last known to the Surety, and at the expiration g`ABcp y of thi i% 'VE, says from the mailing of said notice, this bond shall ipso facto terminate and the Surety sh ` retipan.., glieved from any liability for any acts or omissions of the Principal subsequent to said da de number of years this bond shall continue in force, the number of claims made ag is bon' g the number.of premiums which shall be payable or paid, the Surety's total limit of IjFqb€l�ty shall not be, Z ulative from year to year or period to period, and in no event shall the Surety's total li" �.y , aA la &.iexceed the amount set forth above. Any revision of the bond amount shall not be t cui`ive,, Dated this 4th day of December 2006 C.M. & J. Countersigned (where requly,,ed�' W E S T E �— ResldeAt Agent Form 532-2-2006 M. Clark Principal Principal LRET;?) COMPANY Paul T. Bruflat, SVior Vice President STATE OF SOUTH DAKOTA ss COUNTY OF MINNEHAHA ACKNOWLEDGMENT OF SURETY (Corporate Officer) On this 4th day of December 2006 , before me, the undersigned officer, personally appeared Paul T. Brullat who acknowledged himself to be the aforesaid officer of WESTERN SURETY COMPANY, a corporation, and that he as such officer, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself as such officer. INXU4WXjWF4UQ,W leave hereunto set my hand and official seal. i S. PETRIK J(ML NOTARY PUBLIC + SOUTH DAKOTA s� i ary Public -South Dakota +aaaaaaaaaaaaaaaaaaaaaaa My Commission Expires August 11, 2010 ACKNOWLEDGMENT OF PRINCIPAL STATE OF 't ss (Individual or Partners) COUNTY OF ..,,�tttnultr►,... f-h z t 4^. � t ✓� v�tix���y 0: On this �}'� day of rt °,terra c=.,,t %-ie4- !h. known to me to be the individual — described in and who that .—he _ executed the same. My commission expir�s the for , before me personally appeared ment and acknowledged to me otary Public 1 rNJrOFtN0\��`` - ACKNOWLEDGMENT OF PRINCIPAL STATE OF (Corporate Officer) ss COUNTY OF ¢ ^v 1 On this gbk�._.._.._ day of Aiwobefore me personally appeared who acknowledged himself/herself to be the of a corporation, and that he/she as such officer being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself/herself as such officer. My commission expires E E* Q U z � a Q L a W W m U 'j Cd o ar A Ed m b Notary Public Western Surety Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota, and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the United States of America, does hereby make, constitute and appoint Paul T. Bruflat of Sioux Falls State of South Dakota , its regularly elected Senior Vice President as Attomey-in-Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, the following bond: One L & P Bond, Signed - Excavation License Bond bond with bond number 14920287 for C.M. & Janet M. Clark as Principal in the penalty amount not to exceed: $ 4, 000.00 Western Surety Company further certifies that the following is a true and exact copy of Section 7 of the by-laws of Western Surety Company duly adopted and now in force, to -wit: Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attomeys-in-Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its Senior Vice President with the corporate seal affixed this 4 th day of December 2006 ATTEST �i[rerl�rri-% L. Nelson, Assistant Secretary STATE OF SOUTH DAKOTA COUNTY OF MINNEHAHA ss WEST /BURET COMPANY By �✓�— Paul T. Bruflat enior Vice President On this 4th day of December , 2006 before me, a Notary Public, personally appeared Paul T. Bruflat and L. Nelson who, being by me duly swom, acknowledged that they signed the above Power of Attorney as Senior Vice President and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be the voluntary act and deed of said Corporation. }bbbbbbbbbbbbbbhYh4h44444 } f D. KRELL j r8 AL NOTARY PUBLIC SEAL a SOUTH OAK= }44bb44444444444bYhh44tib } Notary Public My Commission Expires November 30, 2012 Forth F1975-9-2006 �