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HomeMy WebLinkAboutJeff Foust Excavating/1619 Liberty St AGREEMENT THIS AGREEMENT made and entered into this 18th day of January, 1985, by and between JEFF FOUST EXCAVATING, 563 Boyd Street, Oshkosh, WI 54901 , party of the first part, and the CITY OF OSHKOSH, a municipal corporation located in Winnebago County, Wiscon- sin, hereinafter referred to as the "City" , and party of the second part . WITNESSETH: WHEREAS, the Common Council of the City of Oshkosh by resoluton duly adopted on the 17th day of January, 1985 , accepted the bid of the first party and authorized and directed the proper City officials to enter into an agreement with the party of the first part for: Razing and removal of buildings at 1619 Liberty Street, Oshkosh, Wisconsin, according to the specifications and bid for same on file in the office of the City Clerk . NOW, THEREFORE, pursuant to said resolution of the Common Council of the City of Oshkosh, the parties hereto agree as follows: 1. That the party of the first part will furnish same to the City, all in accordance with the specifications and bid on file in the office of the City Clerk. 2. That no assignment of this agreement or of any rights thereunder by said party of the first part, shall be valid with- out the written consent of the City; and that this document including the specifications and bid, constitutes the entire agreement between the parties hereto and that any understanding either oral or written, not a part hereof shall not be binding on either party. 3. That in consideration thereof, the City will pay to the first party the sum of $1,400.00 , upon presentation of a proper voucher, and delivery and acceptance by the City in conformity on said specifications and bid. 1 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed by the proper officers of each party and their corporate seals to be hereunto affixed all on the day and year first above written; then if first party is a corporation or partnership, the signing of this agreement shall constitute a warranty by the person (s) so signing the proper authority so to do. In he Presence_ of: JEF FO ST EXCAVATING, L/J/ e 0‘ .r t� 411, BY: % i/ 4e4A . sav . •' gnature of the sole pro- O-Z'-r? prietor , or name or corporation or partnership President or Partner Secretary lli CITY OF QSHKOSH l BY: �-- Wil iam D. Frueh, City / I M ager / And: , /140. Donna C. Serwas , City Clerk Approv d as torfy and1i xecution: I hereby certify that the necessary provisions have Imo: been made to pay the lia- Warren P. Kraft, bility that will accrue Asst. City Attorney under this Contract. EDWARD A NOK ES , City Comptroller 2 v SURETY BOND NUMBER 194224-55-3 Public Official, Bid, Contract, and License or Permit Bonds INTEGRITY MUTUAL INSURANCE CO. APPLETON, WISCONSIN 54911 SURETY BOND KNOW ALL MEN BY THESE PRESENTS That we, JEFF FOUST EXCAVATING , as Principal, and the INTEGRITY MUTUAL INSURANCE COMPANY, a corporation organized under the laws of the State of Wisconsin and having its principal office in the City of Appleton, Wisconsin,as Surety, are held and firmly bound unto CITY OF OSHKOSH, WISCONSIN in the penal sum of ($ 1,400.00 One Thousand Four Hundred and NO/100 Dollars, lawful money of the United States of America, for which payment, well and truly to be made, we jointly and severally bind ourselves, our successors, administrators and assigns, firmly by these presents. SIGNED, SEALED, and DATED this 28th day of January 19 85 _. WHEREAS the aforesaid Principal has entered into a written contract with the aforesaid (If a bid bond insert"submitted its bid for,etc.") Obligee to Raze & remove house/attached garage at 1619 Liberty St., Oshkosh, JI (If a Contract Band insert"entered into written contract with aforesaid Obligee dated,etc.") (If a Public Official Bond insert "been elected or appointed (name) for the term beginning (date) and ending (date)") (If a License or Permit Bond insert "been granted a license or permit as (name business) by the said Obligee for the period of one year from (date)") NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the aforesaid Principal shall comply with the terms and conditions of the aforesaid contract (If a Bid Bond insert"be awarded the contract upon said bid and undertake said contract") (If a Contract Bond insert"comply with the terms and conditions of the aforesaid contract") (If a Public Official Bond insert"faithfully perform the duties of said office") (If a License or Permit Bond insert "comply with the laws of the aforesaid Obligee governing said License or Permit") then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED: FIRST: — That the liability of the Surety shall in no event exceed the penalty of this Bond. SECOND: — If this is a Bid Bond, any proceedings at law or in equity brought against said Surety to re- cover any claim hereunder, must be instituted within six (6) months from the date of this instrument. No further conditions (If no further conditions insert "no further conditions") Jeff Foust Excavatin: B- : / � Jeff Principal INTEGRITY MUTUAL INSURANCE COMPANY 7 / M. E. Ju n Attorney-ta-Fact BS 1948— 3M 1/75 DATE AND ATTACH TO ORIGINAL BOND INTEGRITY MUTUAL INSURANCE CO. APPLETON, WISCONSIN 54912 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the INTEGRITY MUTUAL INSURANCE COMPANY, APPLETON, WISCONSIN, a Wisconsin Corporation, having its principal office in the City of Appleton, County of Outagamie, State of Wisconsin, pursuant to the following Resolution, adopted by the directors of the said Company on November 6, 1968, to wit: "RESOLVED, That the President or any Vice President or Secretary or Assistant Secretary of the Company shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity, and other writings,obligatory in the nature thereof. Said officers may at any time remove and revoke the authority of any such appointee. The Corporate Seal is not necessary for the validity of any bonds of the corporation." does hereby constitute and appoint Richard A.Paulsen,Willis R.Johnson,M.E.Jungen,Robert R. Brennan,W. E.Gierke Cornelius J. Faulkner,Jr. its true and lawful attorney(s)-in-fact, to execute, seal and deliver for and on its behalf as surety, any and all bonds and under- takings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, —WITHOUT LIMITATIONS— and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTEGRITY MUTUAL INSURANCE COMPANY, APPLETON, WISCONSIN, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. IN WITNESS WHEREOF, THE INTEGRITY MUTUAL INSURANCE COMPANY, APPLETON, WISCONSIN, has caused these presents to be signed and its corporate seal to be affixed by its authorized officer this 3rd day of August 29 81 A Qi.L.1.44,P 4'.24.41/...,t,A..■ . ttest - . / / Richard A.Paulsen,President Willis R.JohnsoierPresident STATE OF WISCONSIN COUNTY OF ss• :, ,,0,1,,-5.t,,∎,. O OUTAGAMIE .i~ �` °fie°.9, > * On this 3rd day of August , 1981 before me, a notary publi,e:canle the individu P ,y to me personally known, who executed the preceding instrument, and being by me duly sworn, said iiiiat a i. I: diereivi f described and authorized officer of the INTEGRITY MUTUAL INSURANCE COMPANY, APPLETON $ql • } the-t..,,+' seal affixed to said instrument is the corporate seal of said Company, and the said corporate seal aid hi sia� }fi'werf Et. duly affixed by the authority and direction of the said Corporation. r IN WITNESS WIIEREOF, I have hereunto set my hand, and affixed my official seal at the City of ApOtiObntl g\Urf;..F:' year first above written. --) se ►t.•'` °'loz‘• My commission expires December 30, 1984 ( / , ohn L.Mc oy,Notary Public STATE OF WISCONSIN COUNTY OF OUTAGAMIE 4 ss. I• Cornelius J. Faulkner,Jr. ���H��\\ Secretary of on ect E � MUTUAL INSURANCE CO.,APPLETON, WISCONSIN,do hereby certify that the foregoing is a truo ]d onfect`COg Power of Attorney issued by said Integrity Mutual Insurance Company, Appleton, Wisconsin, and that S\yp/c r y ankl2 with the ORIGINAL on file in the Home Office cf said Company, and that it is a correct transcript ,6“ai 3�oofltlhe b of the said original, and that the said Power of Attorney has not been revoked and is now in full Yas;arit effect” � 1-- , t n IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and theSoEoAitiseal; P of the Company at the City of Appleton, Wisconsin, this __ � l d of_-_._10 'i( 1` '�t` -/* 1I ` T S Cornelius J Faulkner,Jr.,Secre . BS-1940 7/81 RV. STATE OF WISCONS N JURAT ea. COUNTY OF OUTAGAMIE r)�4 /1 On this 24 day of f , 19 before me, a Notary Public, within and for y d said County and° St e, personally appeared__ (Name of Attorn -in-Fact sl Mg Bond) to me personally known, who being duly sworn, upon oat /did say that he is the Attorney-iii-Fact of and for the INTEGRITY MUTUAL INSURANCE COMPANY, a corporation created, organized and existing under and by virtue of the laws of the State of Wisconsin; that the Corporate seal affixed to the foregoing within instrument is the seal of said Company; that the seal was affixed and the said instrument was executed by authority of its Board of Directors; and the said affiant did acknowledge that he executed the said instru- ment as the free act and deed of said Company. Notary Public OCT My commission expires � r s:u-. PROPOSAL We , the undersigned, propose to raze and remove the following as per specifications . House at 538 Grand Street $ /CC9ao 00 House/attached garage 1619 Liberty St $ /1c/n2, 6 6 Building at 601 & 603 E. Parkway Ave $ 6 6) >©„ c7 0 Work will commence in / 9/ days after award of contract . Will complete in days ( If other than 35 days) NA ME OF PAN 1? 4 :71; SUBMITTED BY: e 0,-. 64)3 1 . , . ` , I • • 0 ♦ . + 1 it THE BID OA /0, 1985 Date ADDRESS OF C0M PAN'Y . rd O 0 Pa co u) u) a) a) a) rd ›-+ Pcl rd a) a) -p co co u) a) 0 H rd rd rd a) Ft 0 0 1.11 0 -P L.) N trl M Cl) -P a) 0 0 U) co a` -N 5, 7, a) p a) CU al a) •H ,x 0 CO 'ti � b a �g4- o o -1- 0 • O 00 <4 s- N- ed q) . O CO cd CY\ CD 0 0 C \ a) � P 'O a) , 400 +-) a) • CO Q) u) 0 ui v- g-, a) 0 -.O 0 •1 al -,k.0 a) g., 0 0 0 al 0 -P al c- ,Q -t--) in OD f, I -p O •r-1 u) cd O CU a) rd Cl) a) co 0 0 h - O 0 0 -P ate) cCOCOZ a) 0 0 0 4-1 +' O K■ CU F-, i.c- 0 0 0 <4 a) 0 r r- �O 0 • H a) 0 r CJ _ al 0) — - 0 0 'b E x XI eH 0 N CO 0 c4 0 a) •1 t20 O .r-{ •r-{ N 0 +) v- u) \- a$ "-1 0 CU 0 0 i o � rd ��a a06 CO +' W g-, 0 O aa)) -+ C/) co g, P� m fz 0 to •r1 0 U)0 gtNV0 F 0 1� c)