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34-002P removal and restoration permit bond~ ;...! .~ REMOVAL & RESTORATION PERMIT BOND KNOW ALL MEN BY THESE PRESENT: That we 02BSBDA9446 (hereinafter called the Principal), and Narrfnrrl Caa„al r~,r Tna„ranra ('!nmi an~r a surety doing business in the State of Indiana (hereinafter called the Surety), are held and firmly bound unto city of N~rr.nam=r.~n (hereinafter called the Obligee) 111 the sum of Five Tho,~sand _ (~ 5, 000 )for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has made application to the Planning and Zoning Commission for a permit to excavate and remove gravel from Cravat pit i n (~uarr~ ar Tnrka~r ,Ni 1 1 Rnad . N~rthamntc-,n . MA WHEREAS, one of the requirements of the Planning and Zoning Commission with reference to the approval of said application and issuance of a permit is that a bond be filed with the Commission conditioned on the performance of all conditions, safeguards and other regulations imposed, including regarding and reseeding of disturbed areas in accordance with the grading plan filed.,with the Commission. NOW THEREFORE, if the Principal shall during the excavation and removal of said earth products comply with all conditions, safeguards and other regulations imposed by said Planning and Zoning Commission, and when excavation and removal operations are completed, regrade and reseed the area in,; accordance with the grading plan filed with the Commission, then this obligation shall be void, otherwise to remain in full force and effect, subject, however, to the following conditions: 1. The Surety. shall have the option to terminate this bond upon giving 120 days written notice to the Obligee or at the end of any permit period upon giving 60 days written notice to the Obligee. It is agreed that the Principal shall be permitted to provide a replacement bond with another surety or shall complete restoration of the property within 90 days after the termination date of this bond. 2. No claim, action, suit or proceeding shall be had or maintained against the Surety on this instrument unless the same be brought or instituted and process served upon the Surety within one (1) year after the date of termination of the bond. SIGNED, SEALED AND DATED THIS , err Day of August of 2004 'I Obligee Name City of Northampton Obligee Mailing A City Hall 210 Main Street Northampton, MA 01060 Number 02BSBDA9446 . IMPORTANT NOTICE TO OBLIGEES/POLICYHOLDERS - TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002, we must make terrorism coverage available in your bond/policy. However, the actual coverage provided by your bond/policy for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, .exclusions, limits, other provisions of your bond/policy, any endorsements to the bond/policy and generally applicable rules of law. Any terrorism coverage provided by this bond/policy is partially reinsured by the United States of America under a formula established by Federal Law. Under this formula, the United States will pay 90% of covered terrorism losses exceeding astatutorily -established deductible paid by sureties/insurers until such time as insured losses under the program reach $100 billion. If that occurs, Congress will .determine the procedures for, and the source of, any payments for losses in excess of $100 billion. The premium charge that has been established for terrorism coverage under this bond/policy is either shown on this form or elsewhere in the bond/policy. If there is no premium shown for terrorism on this form or elsewhere in the bond/policy, there is no premium for the coverage. Terrorism premium: $0 Forrn B-3333-0 Page 1 of 1 Direct Inquiries/Claims fo: POWER OF ATTORNEY T 9 AsoLNR AVORD HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835) KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 02 02 0423 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut ©Hartford Casualty Insurance Company, a corporation duly organized under the 11ws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, 1 corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up fo fhe amount of UNLIMITED MATTHEW T. WROBEL, CRAIG H. MEEKER, DANIELLE BECHARD OF WETHERSFIELD, CONNECTICUT their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments 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, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. ~~' ~0.~lfPS d. -`p~3Y INt~~ ~ .~ sC h aj' ° fo- y~~- 1 SS67 i+l" '~MAa' ~ ~ u' -.~~} S' I, ~1~-> Vii. t~ , ~xecincvt ~, rd 'jq ~ ~ t ~ J~ ~^' Paul A. Bergenholtz, Assistant Secretary ~.9AT 8 +rauw' '~' ~+.f r *~1 ~tt ! ~~' tr ~w.. ,~~ ~~~~. ~d t ~} a ~~ „tcaxsoFlarea~~, * tY ~~ .~~ ~. ~ ..~ a n y. 'sy 39'8 ~$~ ~^'pp 3` David T. Akers, Assistant Vice President STATE OF CONNEGTIGUT ~• Ss: Hartford COUNTY-OF HARTFORD ) On 23rd day of July, 2003, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. o°RY e, ago-` ~ ~. ~~ Scott E. Pnsckn NotnryPnblic CERTIFICATE My Commission Expires October 3 t, 2007 I, the undersigned, Assistant Vice President of the Companies, 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 still in full force effective as of August 12 , 2 0 04 Signed and sealed at the-City of Hartford. '~(~ a•~A~;tY IMj~~~w~_ ~+,~~e7tY~ir f ~ ~ Ny p~,0.~^fts d~tr ~ 'F `f'"~'~-•L~'~ ~` ~ Q •x 4 ~M- i+ ,~I ~ s 1 '~' ~," 4 I \ y~ i q ~ T ~ } 4I5 ~ } ':.F PPOWAt .. o ~,oawMt r~ d iv `"~hT` "J, 41987 --^ ^ y. $ n} { .. ~ _ •3'~eNCA ~'o >1 . ~ a ~i ~,~ - t 9 ~,~ +r, . S ~ ~~... s+ Ott `! .$ ~ 0 r. •~ :*;, `y-d - ~ ~ ~a~a,~,.x9~9.,i,+r ~ ~....;~-Jr rA •• F3~ • ~ ~r 3_ w ~'.:,~ ~,.,•„t.o' x~~a+° _ - ~u ~_ „ r. i .. ..,.,.,... ..~.. ........,. r 1_ Y~ Gary W. Stumper, Assistant Vice President .Gbusu2`,, ..... POA 2004 I I ---- _ -- ~' - -- _ ~. ___ ----V _ ~ .