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Home My WebLink About740595.tiff � nnnnrannnnnrantvnnnrannnnnn % AMERICAN U GISTS fnAa mace & paw, 800 AMERICAN BLDG. CINCINNATI,OHIO 45202 513-721-4270 Performance Bond KNOW ALL MEN BY THESE PRESENTS: That C0WAN..CONSTRUCTION..CD (Here insert the name and address or legal title of the Contractor) 1 QB....6th..Ante,.,..Qreeles....Colorado..80631 as Principal, hereinafter called Contractor, and..THE..APTrRICAN..DRUGGISTS'...INSURANCE/.9 aMcor%oration of the State of Chia., with its home office in the City of.Cinc±nna .S.A., as Surety, hereinafter called Surety, are held and firmly bound unto DOARP..QF...wELR..OQTIN'n..00N CSSZQNERS (Here insert the name and address or legal title of the Owner) as Obligee,hereinafter called Owner, in the amount of llizleteeo..tho.usaild..eiBht..hundred..seventy.-Live..and..no(].00---n Dollars ($ ---19.,.875...00------- ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS,Contractor has by written agreement dated October 27 19 80 entered into a contract with Owner for Caust.rueti.o.n..of...elevatar...ahaL.t..an..the..south- eaet...corner of the Welcl...Cou?15Y..k Yhi bita.ort..Cemter Island ...Colorado in accordance with drawings and specifications prepared by Zoya ououl os..and. Associates, 1011 42nd Streets Evans Colorado (Here insert full name,title and address) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the Contract in accordance with its terms and conditions,or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Con- tractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. Signed and sealed this 27th day of taer A.D. 1980. In the presence of: C0WAti..G CTIQN.,C . (Seal) Principal Title THE RICATJ, DRUGG S' INSUICOMPANY ' By ✓ e' (Seal) I B-104 Attorney in Fact — - .44/,/ eft f t 7 740595 AMERICAN R GI STS,9n.4aeallte at/Ipant. 800 AMERICAN BLDG, CINCINNATI,OHIO 45202 513-721-4270 Labor and Material Payment Bond Note:This bond is issued simultaneously with Performance Bond in favor of the owner conditioned on the full and faithful performance of the contract. KNOW ALL MEN BY THESE PRESENTS: That COWAN...C.QNSTAACTION..CQA (Here insert the name and address or legal title of the Contractor) 1QB 6tli..Ave,,.,...Gxee.],exa..Cl7Zv.rado..#O63:1 COMPANY as Principal, hereinafter called Principal, and.THE..AMER.ICAN..DRUGGISTS.'...INSUBANCE/..,a corporation of the State of....Ohio , with its home office in the Cit3CinPinnati , U.S.A.,as Surety,hereinafter called Surety,are held and firmly bound unto B.ARD..0F...WELD...CO.UNTY..COMMISSIQNERS (Here insert the name and address or legal title of the Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of....Nineteen..thousand..eight..hundred..aeventynuive..and..no/100 (Here insert a sum equal to at least one-half of the contract price) Dollars ($ -----19,8I. .OQ )- for the payment whereof Principal and Surety bind themselves, their heirs,executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,Principal has by written agreement dated October 27 19 80 entered into a contract with Owner for Construction..of..elevate r..shaft...On..the..snuth-... east corner of the Weld County Exhibition Center Island Grove Park, Greeley, Colorado in accordance with drawings and specifications prepared by 7QYiPP.O.L37.9S..and A?spQj,ate? 1011 42nd Street, Evans, Colorado (Here insert full name,title and address) which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that,if Principal shall promptly make pay- ment to all claimants as hereinafter defined,for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void;otherwise it shall remain in full force and effect,subject,however,to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a sub-contrator of the Principal for labor, material, or both,used or reasonably required for use in the performance of the contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety(90)days after the date on which the last of such claimant's work or labor was done or performed,or materials were furnished by such claimant,may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs of expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: (a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following:The Principal,the Owner,or the Surety above named,within ninety(90)days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed.Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal,Owner or Surety,at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located,save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the con- struction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project,or any part thereof,is situated,and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith - hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this 27th day of October ` A.D. 198O In the presence of: COWAN CONS iS CO. (Seal) ' fir cipal Title THE AMERICAN DRUGGISTS' INSURANCW COMPANY - -) 4 By a / .9- y�,.�..-�..�:.:{ (Seal) B-105 Attorney in Fact -Title POW^OF ATTORNEY • POWER NUMBER THE AMERICAN DRUGGISTS' INSURANCE COMPANY 800 American Building • Cincinnati,Ohio 45202 • 513-721-4270 SP 1\�T.. 651539 KNOW ALL MEN BY THESE PRESENTS THE AMERICAN DRUGGISTS' INSURANCE COMPANY,a corporation duly organized under the laws of the State of Ohio, and having its general office in the city of Cincinnati,State of Ohio,has made,constituted and appointed,and does by these presents,make,constitute and appoint Nonman D. Noe, G.Ladya L. Connady, an Lauvicenee E. Lutgen of Gnee.Ley, Cotonado its true and lawful Attorney-in-Fact with full power and authority hereby conferred to sign and deliver in its behalf as Surety,any and all kinds of Surety Bonds,except as limited hereon,and to bind THE AMERICAN DRUGGISTS'INSURANCE COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of THE AMERICAN DRUGGISTS' INSURANCE COMPANY and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed, provided that the liability of the Company as surety on any such bond executed under this authority shall not exceed One Hundn.ed Thou.eand Dattanb THIS POWER VOID IF ALTERED OR ERASED OR IF POWER NUMBER IS NOT IN BLUE INK. • (This power does not authorize the execution of bonds for loan, financial or bank guarantees.) . The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company. THE AMERICAN DRUGGISTS' INSURANCE COMPANY further certifies that the following is a true and exact copy of a resolution of the Board of Directors of THE AMERICAN DRUGGISTS' INSURANCE COMPANY, duly adopted and now in force,to wit: All Bonds of the corporation shall be executed in the corporate name of the Company by the President, any Vice President,or by such other officers as the Board of Directors may authorize. The President, any Vice President, or any Assistant Secretary may appoint Attorneys-in-Fact or agents who shall have authority to issue bonds in the name of the Company. • All authority hereby conferred shall expire and terminate;without notice,unless used before midnight of Januctity 1 ,19k7 ,but until such time shall be irrevocable and in full force and effect. IN WITNESS WHEREOF, the said THE AMERICAN DRUGGISTS' INSURANCE COMPANY has caused these presents to be execut- ed by its officer,with its corporate seal affixed,this date of October 27 , 19 80 THE AMERICAN DRUGGISTS' INSURANCE COMPANY • c7 ‘..111 '1606 By STATE OF OHIO ) President COUNTY OF HAMILTON ) SS: On this October 27 19 80 , before me, a Notary Public, personally appeared Gordon M. Barker who being by me duly sworn, acknowledged that he signed the above Power-of-Attorney as an officer of the said THE AMERICAN DRUGGISTS' INSURANCE COMPANY and acknowledged said instrument to be the voluntary act and deed of the corporation. My commission expires: January 15, 1985. ''''''ikiAt '''' 4.070,420t • `* L o - Notary Public If you have any questions concerning this power call 513-721-4270 for verification. Hello