HomeMy WebLinkAboutWestchester Fire Insurance Company-9/23/2013Westchester Fire Insurance Company
CONTRACT BOND
Bond No. K08937308
KNOW ALL MEN BY THESE PRESENTS, That we,
Miracle Recreation Equipment Co., 878 US Highway 60, Monett, MO 65708 (hereinafter called
APrincipaI ), as Principal, and the WESTCHESTER FIRE INSURANCE COMPANY, a Corporation organized and existing
under the laws of the State of Pennsylvania, and authorized to transact business in the State of
Iowa (hereinafter called "Surety"), as surety, are held and firmly bound unto
City of Waterloo Leisure Services, 1101 Campbell Avenue, Waterloo, IA 50703
(hereinafter called AObligee-), in the penal sum of
Dollars ($ 54,925.00 ), good and lawful money of the United States of America, for the payment of
which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly
and severally, firmly by these presents.
SEALED with our seals and dated this 23rd
day of September A.D. 2013
WHEREAS, the above bounden Principal has entered into a certain written contract with the above named
Obligee, dated the 23rd day of September , 2013 , which contract is hereby referred to and made a part hereof
as fully and to the same extent as if copied at length herein for the purpose of explaining but not of varying or enlarging
the obligation. FY2014 Gates Park Playground Project
Now, Therefore, the condition of this obligation is such that, if the principal shall faithfully perform all his obligations
under the contract, and shall fully indemnify and save harmless the Obligee from all cost and damage for which said
Principal is contractually liable which the Obligee may suffer by reason of the failure of the Principal so to do and shall fully
reimburse the Obligee all reasonable expense which the Obligee may incur by reason of such failure; and shall pay all
persons who have contracts directly with the Principal for labor or materials in the performance of this contract, subject to
the Obligee's priority, then this obligation shall be null and void, otherwise it shall remain in full force and effect.
PROVIDED, HOWEVER, no 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 twelve (12) months after
completion of the work specified in said contract, whether such work be completed by the Principal. Surety or Obligee;
but if there is any maintenance or guarantee period provided in the contract for which said Surety is liable, an action for
maintenance may be brought within three (3) months from the expiration of the maintenance period, but not afterwards.
It is further provided that in the event of any default on the part of the Principal, a written statement of the particular
facts showing the date and nature of such default shall be given by the Obligee to the Surety as promptly as possible after
such default has become known to the Obligee, and shall be forwarded by registered mail to the Surety at its Home
Office.
Miracle Recreation Equipment Co.
Principal
BY:
WESTCHESTER FIRE INSURANCE COMPANY
BY:
contract.ind
Anne Potter
(Seal)
(Seal)
, Attomey-In-Fact
z
0
9
V1
FORM NO. 8800S
Know tilt mer by these pr{seuts `That Wla9I'CHESTER FIRE INSURANCE COMPANY: a corporation
following Resolutiwt;. adopted bythe Board of Directors of the::said Company on Derrember 11 .2006 to wit'
RESOLVED, that thafnnol..:::: uthonzbtiats relatnto the execution, for and on behalf of the Company of bonds �dortakings for nizegces,.••aont sots and.ptltr#'wtittml comtn[F trentS of tire. Company'.
.
entered rile rile ordittaiy wiirseofbisiness:(etidi a "1)triilen ComP�:
: Each of the Cfiimtatan die 4midmit amt ilia Vico Fresidonts afthe Company is hereby authorized to ex itte•aoykVrittn Comtiiimtettt:f(irthid on behalf ofthe C
ompany,tp iG95ea) orrho company or
otimnyi@a
E4ah du[y appointed attemay tit -tact ofehe Company I: hereby authadzed to exaeule enyWnllen Conmritment for and on l wif ot'tttta Com$iun
y der tie seal•
of fho(onap ny or othetmse to the'tetn 1
such action is autl*onzed by.tae grant of powers pmwded for uch. pexscns wntton..appotstment as each ettonrey�m-fact
Eel,'
of the Chairman, the DtE idptt and the Vita P•'. 'd its of the Company is hereby authorized, for and on behalf of the Company to apptim •m wrimig any parson the a1tomoy tn4act otihe Company with
ftdl gowetand.puthonty to Mieanta for and on:beha)f o f the Company« tmd91 the seal tjf the Gompeny or otherwise, such Wnaraf Cotnantirterite ofthe Compmiy as
may baspeaified in suchwntten
eppoirtb�iy iickOengcaSen maybaity gettetattype'or clava. ::V m.Co...:' llama or by specification of one or more punctilio:@ ,.. ... Conmdtrgpita
Each ofthecaairinan,the Presiddrtmnd.Viii Presidents:nf..thaComnyta
pafierebyauifiorized,fa and wtbehalfooff _ �......,:. .-
---....:.�___ f.h m �_:_...may :._,.0 execute, for and on behalf of the Company, under the Company'a seal or otherwise, such Written Commitments of
general type or class. of Written Commitments or byspetificabon of one or more particular Written Commimienty.
The eignaturdtif'any bt}icer oto *ther itersod erecta!* any When Comimlmentor app?adrOcnt pr delegation pursuant to this Rnsotuhon and the anal of the Company .:maybe afTh d by
Written Commitment -0c minas appoinbiient ordelegsflort:. .: : , . . .
FURTHER RESOLVED that:lhe foregoing a solulin shall) not be deemed io be ah extiusive �tale) int• of the powers and autironty oroftcers employees nd other persons to eat .9'!.
r nd n behalf of the
Company, and sacb Resolution shall not banitnr otherwise:atfeat:Ure:deercise of airy sash power ott<tdlrccity otherwise validly grated ar 510 rst
Does hereby nominate, constitute and appoint Andrea E Gorbert,;Anne Fotter, Annette Leuschner, Beverly Ann Wool€std, David W itosehill Jadles EMafran Jr
Nancy Schnee, ValorieSpates, all of the City of JERI.CHO, New York, each individually if there be more than one named, its true and lawful iutomey-fn-fact, to make,
execute seal!and deliver'on iia behalf and as.itsact and deed any and all bonds undertakings recognizanfes eontracls and other writings to thenature thereof in
Penalties notexeeedirig Five,miiliondollars & zero eefits ($5'f100,000.00) and the execution ofsuch c rftizigs tnpitirsuattce orthesapsasentc shallbe as binding upon
said Companyas fully and amply as if they had been dul 1executed and acknowledged.
y by the tegulaily Cleated' officers o€the Coropaay at its pnnctpal office,
IN WITNESS WHEREOF the said Stephen M Haneyr,Vice President, has hereunto attbsC ribed his name attdaffixed the Corporate seat of the said WESTCHESTER
FIRE INSURANCE COMPANY. 27 day of February 2013.
WESTCiffESTER FIRE INSiiItANCE COIVIPANY
facsiant9 of inch•_::
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILADELPHIA:.: ; ss.
On this 29 day of February AD X13 before me a;NotaxyPubhc of the Commonwealth of PennSytvatna in and fbtThe Gittiity of Philadelphia carie
Stephen M. Haney Vice -President of the WESTCIIESTER FIRE INSURANCE.: COMPANY to me personally k town to be the inditi8ttal and officer who racer.
the preceding instrument, and he acknowledged that ha exeeuted the same, and that the seal affixed to the preeedm :instrUhtegt is the Corporate peal of Said Company'
that the said corporate seal and his signature Were duly,afftxed isy the authority and direction of the said corporation; and that;ltesolutmn, adopted l y the Board of
Directors of said Company referredto in the preceding instrument, is now in force
IN TESTIMONY WHEREOF, I have hereunto set my hand and'af lied my' official seal at the City of Philadelphia ti c day and year fiisf above written
I, the undersigned Assiatant Secretary of the'9YESTCHFS'i`ER FIRE INSURANCE COMPANY, do filieby certffy+that the.ongunal POWER OF ATTORNEY o
which the reregoitg is a substantially true tend correci.copy, is in full force::and effect.
In witness whereof, I has'e hereuntv;subscnbed my` iia 7te as Assistant Secretary and affixed the corporatc$eal pf'the:Colporation this
THIS
ppwbg OF ATTORNEY MAY NOT BE.USED:TO EXECUTE ANY BOND:WITH AN}N' EPTION D:A.TE AFTER: Febntary.27t2O1S;
IP
THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES
THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION.
•
WESTCHESTER FIRE INSURANCE COMPANY - NAIC# 10030
FINANCIAL STATEMENT DECEMBER 31, 2012
ADMITTED ASSETS
BONDS $1,915,932,115
SHORT - TERM INVESTMENTS 22,465,390
STOCKS 0
REAL ESTATE 0
CASH ON HAND AND IN BANK (41,292,474)
PREMIUM IN COURSE OF COLLECTION* 56,678,650
INTEREST ACCRUED 17,136,830
OTHER ASSETS 148,350,304
TOTAL ASSETS $2,119,270,815
LIABILITIES
RESERVE FOR UNEARNED PREMIUMS $215,324,197
RESERVE FOR LOSSES 1,103,762,744
RESERVE FOR TAXES 3,515,562
FUNDS HELD UNDER REINSURANCE TREATIES 4,484,136
OTHER LIABILITIES (21,519,017)
TOTAL LIABILITIES 1,305,567,622
CAPITAL: 70,000 SHARES, $71A3 PAR VALUE 5,000,100
CAPITAL: PAID IN 292,187,374
AGGREGATE WRITE-INS FOR SPECIAL SURPLUS FUNDS 111,710,473
SURPLUS (UNASSIGNED) 404,805,246
SURPLUS TO POLICYHOLDERS 813,703,193
TOTAL
(*EXCLUDES PREMIUM MORE THAN 90 DAYS DUE.)
STATE OF PENNSYLVANIA
COUNTY OF PHILADELPHIA
$2,119,270,815
John P. Taylor, being duly swom, says that he is Vice President of
Westchester Fire Insurance Company and that to the best of his knowledge and belief the
foregoing Is a true and correct statement of the said Company's flnanclal condition as of the
31 st day of December, 2012.
Swom before
this '--r '1 CL..iC 5 , 1.3
President
Notary Public U My comjission expires
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Diane Wright, Notary Public
City of Philadelphia, Philadelphia County
My ComnSSSth ► Expires Aug. 8, 2015
NIMBER, PENNSYLVAMA ASSO 1CH Of ROTARIES