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HomeMy WebLinkAbout700305.tiff • .` t tM • yr r�ryj,'. •. 714-911. .� i1 1 hH Ix7 -; ., t II 1 0., t J rya, The 'Etna Casualty and Surety Company Hartford 15, Connecticut BOND NO. PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Hnncs1 Phalpc Cnnstnetion Co. (Here insert the name and address or legal title of the Contractor) P. O. Box 40, Greeley, Colorado as Principal, hereinafter called Contractor, and THE /ETNA CASUALTY AND SURETY COMPANY, as Surety, hereinafter called Surety, are held and firmly bound unto Weld County, Greeley, Colorado (Here insert the name and address or legal title of the Owner) as Obligee, hereinafter called Owner, in the amount of Seven Thousand Nine Hundred and no/100 Dollars 7,900.00 ), 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 entered into a contract with Owner for Repair of 4—H Building, Island Grove Park, Greeley, Colorado in accordance with drawings and specifications prepared by (Here insert full name and title) 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 for a contract between such bidde-r and Owner, and make available as such that, if Contractor shall promptly and faithfully perform said con- work progresses (even though thee should be a default or a succession tract, then this obligation shall be null and void; otherwise it shall of defaults under the contract or contracts of completion arranged under remain in full force and effect. this paragraph) sufficient funds b pay the cost of completion less the The Surety hereby waives notice of any alteration or extension of balance of the contract price; bu not exceeding, including other costs time made by the Owner. and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the con- Whenever Contractor shall be,and declared by Owner to be in default tract price," as used in this paragraph, shall mean the total amount under the Contract, the Owner having performed Owner's obligations payable by Owner to Contractor under the Contract and any amend- thereunder, the Surety may promptly remedy the default, or shall merits thereto, less the amount properly paid by Owner to Contractor. promptly Any suit under this bond must be instituted before the expiration of 1) Complete the Contract in accordance with its terms and condi- two (2) years from the date on which final payment under the contract tions, or falls due. 2) Obtain a bid or bids for submission to Owner for completing the No right of action shall accrue on this bond to or for the use of any Contract in accordance with its terms and conditions, and upon deter- person or corporation other than he Owner named herein or the heirs, mination by Owner and Surety of the lowest responsible bidder, arrange executors, administrators or successors of Owner. Signed and sealed this 19th day of Auguct _A. D. 19 70 In the presence of: T-iansal PhP1 pc Cnnctr,rtinn Co. (Seal) (Principal) • ores e n, ecre ary J e ps (Title) President THE T 1 SUALTY AND SURETY COMPANY By Performance Bond for General Contractors. Revised to April, 1959. • (Seal) Approved by The American Institute of Architects. / A.I.A. Document No.A-311 (Formerly Form 107) 1958 Edition. • Attorney-in-fact Approved by Consulting Engineers Council Contract Document 1.6, 1960 Edition. SB 5715(1). Printed in U.S.A. (5-1870-Al fasass PRA • • e i THE AITNA CASUALTY ConnecticutS pUNSURETYC0MPANY sir kr • POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-PACT KNOW ALL MEN BY THESE PRESENTS,THAT THE AE1NA CASUALTY AND SURETY COMPANY, a corporation duly organised under the laws of the State of Connecticut, and having its principal office in the City of Hartford, County of Hartford, State of Connecticut, hath made,constituted end appointed,and does by these presents make,constitute and appoint Barney Flood, B. D. Peterson, J. C. Cockriel or Bette R. Rhoden * of Greeley, Colorado ,its true and lawful Attorneys-in-Fact with full power and authority hereby con- ferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated , the following instrument (a): by his sole signature and act, any and all bonds, recognizanoa, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance,or conditional undertaking,and any and all consents incident thereto in connection with Bid or Proposal and Final Performance or Payment bonds covering construction contracts at and to bind THE/ETNA CASUALTY AND SURETY COMPANY, thereby as fully and to the same e:bnt as if the same were signed by the duly authorized officers of THE .ETNA CASUALTY AND SURETY COMPANY, and all the acts of said Attorneys-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This appointment is made under and by authority of the following provisions of the By-Laws of the Company which provisions are now in full force and effect and are the only apptiable provisions of said By-Laws: ARTICLE IV—Section 8. The President,any Vice Paddsat,or ay Secretary may from time to time appoint Resident Vim Presidents,Reddest Amin lame• umtss,,Attoro�iw and Agents m act for and on behalf of thth the eme Compnyyanndd city give say such appointee such authority u his asthma of subway m y pee- sad other writings drapery la the asare ofibe to•bond,moan the Company's r candid sem daa tal un seal dertaking,and any of said offal recognisance,Boad Director commas of s may oar time trove any melt s ieene sad revoke the power sad authority given him ARTICLE 1V—Section 10. Any load, mergence,comma of indemnity, or smiting obligatory in the assure offload,boad, when," ', or conditional un- dertaking shell be valid and bin*R upon the Coign when (a) sinned by the Pre ident or a Vice President or by a Ioident Vice President,patsusm to the pen prescribed in th am e enet of authority of such Resident Vice Presidessalad, sod duly aamnd and with the Cnapsys anal a lan'suu, a MINIM Seaton or by a Raid AskantSemeaey, passant so the power prescribed is the amen of in of rats Reins ArYnat lamensy orr((bb))�duly augur (under sell, if requited) by one or more Annoys-lam pasuaot to the power prewar in lie or their crime or cordless of This Power of Ann and Cerufian of Au Y and sealed by kaiak under and by authority of the following Resolution mad the Beard of Dimon of THE Ana CASUALTY AND SURETY COMPANY at a meeas,duly called end held on the 22nd day of November, 1968. VOTED: That the as of William O.Bailey,Senior Vice President,or of Andrew H. Anderson,Vice President,or of D. N.�Awisa 'Via Pres- ides, or of Neil H. Pkamid, Smeary, or of Banjemte L Redding, Smeary,a of Curtis K. Shaw,Semen sad thi:sal of the my be misted by hair,to any power of aetorny or to any radiate relating thereto appointing Raider Vice Presides* Rmids Assistant at Aaorsp-ia- Paa for Tarpons only of resembles end attesting bonds end uodmaldag and other writings obligatory in the rue thereof,end any such power of a.— or certificate bating such frank signal.or fears seal shall be valid and binding upon the Company and so any such poweranted and aniM by such facsimile signature and k sal shall he valid end binding upon the Company in the future with aspect to any bond or unlinking to which it is ettecbM. IN WITNESS WHEREOF,THE SE1NA CASUALTY AND SURETY COMPANY has caused this intrunsent to be signed by its Secretary ,and its corporate seal to be hereto affixed this 13th day of January , 19 70. THE &INA CASUALTY AND SURETY COMPANY•-rState of Connecticut Cotmry >of Hertfordas Hulloed ' • By cret J r• a1y On this 13th day of January , 1970 , before me perrmally came NEIL. H. ? STIEL to me known,who,being by me duly sworn,did depose and say: that he is Secretary of THE /ETNA CASUALTY AND SURETY COMPANY, the corporation described in and which --d the above instrument; that he knows the sal of mid corporation;that the sal affixed to the said instrument is such corporate seal; and that he executed the said instrument on behalf of the corporation by authority of his office under the By-Laws thereof. • 1/4'141a9 W grim alard,H. 19 71 CERTIFICATE I,the undersigned, Secretary of THE/ETNA CASUALTY AND SURETY COMPANY, a stock corporation of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Au- thority mains ire full face and ha not been revoked; and furthermore,that Article IV—Sections 8 and 10, of the By-Laws of the Company, sad the Moieties of the Board of Directors,as set forth in the Certificate of Authority,are now in force. Signed and Sealed at the Home Office of the Company,in the City of Hartford, State of Connecticut.Dated this 19th day of August , 19 70 - . \\ j„ S rotary cat. 187167 15-1m1-s) CAS lea Printed in U.S.A. Hello