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HomeMy WebLinkAbout630127.tiffBOND NO Maryland Casualty Company BALTIMORE PERFORMANCE BOND (Public Work) KNOW ALL MEN BY THESE PRESENTS: That Metal Products Division Armco Steel Corporation, Denver, Colorado as Principal, hereinafter called Principal, and Maryland Casualty Company of the State of Maryland, City of Balti- more, as Surety, hereinafter called Surety, are held and firmly bound untoCounty Commissioners County. of Weld, Colorado as Obligee, hereinafter called Obligee, in the amount of Four Thousand Eight Hundred Twenty Nine and 44/100 Dollars ($ 4e829•)lil ) 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 entered into a written contract dated.. 10th day of Apri 1 1963 with Obligee for supplying all sheet steel piling (20 Ft. Lengths) 96 Pieces at $31.64 per piece ($3, 037.144) and all guardrail (1,280 Lineal Feet) at $1.40 per Lineal Foot ($1,792.00) which contract is by reference made a part hereof, it being understood and agreed that this bond is given in compli- ance with and pursuant to all statutes, ordinances, or other regulations requiring the furnishing of a surety bond. NOW, THEREFORE, THE CONDITION OF THIS STATUTORY OBLIGATION is such that if the Principal shall promptly and faithfully perform said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: (1) In the event the statute, ordinance, or regulation requiring this bond does not specify the time within which suit may be filed on this bond, then, and in that event, no action may be brought hereunder after the expiration of one year following the date on which Principal ceased work on the contract. In the event this limitation is void by reason of any statute to the contrary, then the one year referred to shall be extended to conform to the minimum time allowed under such statute for the institution of suit. (2) In the event the statute, ordinance, or regulation requiring this bond fails to designate where suit may be brought hereon, it is agreed that suit may be instituted only in a State Court of competent jurisdiction in and for the County or other political subdivision of the State in which the project is situated, or in the District Court of the United States for the District in which the project is situated, and not elsewhere. (3) It is understood that no one shall have a right of action hereunder except the named obligee and that any statutory requirement for a bond protecting those furnishing labor, material and supplies has been complied with by the separate labor and material bond furnished simultaneously herewith. Signed and sealed this 19th day of IN THE PRESENCE OF: 1 Cent. 12018. Ed. 7-55. Rep. 10.56. April METAL PRODUCTS DIVISION ARMCO El RP R?TIO:N By ._ IL' (Principal) MARYLAND CASUALTY C (Surety) 1963 Cc c. l• By C �� (Attorney -in -fact) l 630127 CERTIFIED COPY Know aII Men by these Presents: That MARYLAND CASUALTY COMPANY, a corpora- tion created by and existing under the laws of the State of Maryland, of Baltimore City, Maryland, in pursuance of the authority set forth in Section 13 of Article V of its By-laws, from which the following is a true extract, and which Section has not been amended nor rescinded: "The Chairman of the Board or the President or any Vice -President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify or revoke any such app ointment or authority," does hereby nominate, constitute and appoint CLAUDE W. WALKER of DENVER State of CQLOR4D.O its Attorney s -in -Fact to make, execute, seal, and deliver on its behalf as Surety, and ac its act and deed, any and all bonds, recogni- zances, stipulations, undertakings, and other like instruments. Such bonds, recognizances, stipulations, undertakings, or other like instruments shall be binding upon said Company as fully and to all intents and purposes as if such instruments had been duly executed and acknowl- edged and delivered by the authorized officers of the Company when duly executed by the aforesaid attorney in fact. In Witness Whereof, MARYLAND CASUALTY COMPANY has caused these presents to be executed in its name and on its behalf and its Corporate Seal to be hereunto affixed and attested by its officers thereunto duly authorized, this 12th day of March 6 City, Maryland. 19 3 at Baltimore ATTEST: (CORPORATE SEAL) MARYLAND CASUALTY COMPANY (Signed) Rose E. Lutz By (Signed) Albert H. Walker Assistant Secretary. Vice -President. STATE OF MARYLAND BALTIMORE CITY On this 12th day of March , A. D. 19 63, before the subscriber, a Notary Public of the State of Maryland, in and for Baltimore City, duly commissioned and qualified, came Albert H. Walker Vice -President, and Rose E. Lutz Assistant Secretary, of MARYLAND CASUALTY COMPANY, to me personally known, and known to be the officers described in, and who executed the preceding instrument; and they each acknowledged the execution of the same; and, being by me duly sworn, they severally and each for himself deposed and said that they respectively hold the offices in said Corporation as indicated, that the Seal affixed to the preceding instrument is the Corporate Seal of said Corporation, and that the said Corporate Seal, and their signatures as such officers, were duly affixed and subscribed to the said instrument pursuant to all due corporate authorization. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at Baltimore City, the day and year first above written. (NOTARIAL SEAL) (Signed My commission expires May 6, 1963 CERTIFICATE Clagett R. Reimer Notary Public. I, an Assistant Secretary of the Maryland Casualty Company, do hereby certify that I have compared the aforesaid copy of the Power of Attorney with the original now on file among the records of the Home Office of the Company and in my custody, and that the same is a full, true and correct copy, and that the Power of Attorney has not been revoked, amended or abridged, and is now in full force and effect. Given under my hand as Assistant Secretary, and the Seal of the Company, at Baltimore City, Md., this 19th day of April A. D., 19 63 16007. Rev. 4-61. t_ Assistant Secretary. }' Hello