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HomeMy WebLinkAboutMAINTENANCE BOND / ` ► Duplicate Original(3) Bond No. SUR31000166 MAINTENANCE BOND KNOVV ALL MEN BY THESE PRESENTS that we, the undersigned Chyma's Machine and Welding Shop,Inc.,206 2nd Ave,Toledo,IA 52342 ("PrinCipal") and Ironshore Indemnity Inc. PO Box 3407 New York NY 10008 ("Surety") are hereby held and firmly bound unto �i�y of Waterloo 715 Mi�lb rr�� Waterloo IA 50703 (herein called the "Obligee") in the penal sum of Thirt�Thrnicand(�ne Him�ired Nine&1F,/100 l�nllarc _ ($ 30,109.26 ) lawful money of the United States,for the payment of which,well and truly to be made,we hereby jointly and severally bind ourselves, our heirs, representatives, executors, administrators, successors and assigns,jointly and severally, firmly be these presents.. WHEREAS, the above named Principal has by written agreement dated July 13, 2016 entered into a contract with the Obligee for F.Y.2015 Lower Plaza Fencing(Contract No.915),Waterloo>IA, a copy of which is hereby made a part hereof,and is hereafter referred to as the Contract. NOW TNEREFORE, THE CONDITtON OF THE ABOVE OBLIGATION IS SUCH,that if the Principal shall remedy any defects due to faulty materials or workmanship, and pay for any damage to other work resulting therefrom, which shall appear within a period of two(2) year(s) from the date of substantial completion of the work'("Maintenance Period") provided for in the Contract,then this obligarion to be void;otherwise to remain in full force and effect. *September 12,2016 PROVIDED,HOWEVER, that any suit under this bond shall be commenced no later than one(1)year from the expiration date of the Maintenance Period; provided, however, that if this limitation is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law, and said period of limitation shall be deemed to have accrued and shall commence to run on the expiration date of the Maintenance Period. IN WITNESS WHEREOF, the Principal and the sureties have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and there presents to be signed by their proper officers. Signed and sealed this 12th day of Sepcember , 2016 � � �� t • Chyma's Machine and Weldin�Shop Inc. 3�V`� Cr S � -- � , % Principal — � �"^,�,s J . �/'�9�� $y ,��---6 i�/�f � � {JTi � F �i'�"`� : �`. �� [./�v '4-��'' b �-----. Name and Title \\���\\\\\\\1� ��,�H����AIA�!///////� N s.!y �ii %��`Q'�aP�R.9O'p��i Ironshore Indemnity Inc. �• /`�G ���� i� ' � SEAL � •= Surety I , f .._ �-�", �;? �,. =Z� 1919 �V i0�,�• rl � By '_��:� �, �-�v'>. ���iyMti i� ����� �, �����/////11(I�I'�",,,`\����� Ronald L.Kaihoi ,Attorney-In-Fact Name and Title Agent:ACORA Surety&Insurance Services,LLC PO I3ox 506 CN0090216 Montevideo,MN 56265 � Ph:320-269-8546 � ACKNOWLEDGMENT OF PRINCIPAL (Individual) State of � County of da of �� , in the year ,before me On this Y y� personally comes ' to me known and known to me to be th��erson who is described in and executed the foregoing instrument, and acknowledges to me that he/she�xecuted the same. � Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) State of � County of } � � On this � day c�'� � , in the year ,before me personally come(s) ��� � ' � a member of the co-partnership o��```� � to me known and known to me to be the person who is described in and executed the foregoing instrument, and acknowledges to me that he/she executed the same as the act and deed of the said co-partnership. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation/LLC) State of ���-�c..� �� County of ���'►���" � On this� �� �lay of -��c..�a��-r��b�cr'' , in the year < �� �' ,before me personally come(s) � � , to me known, who being duly sworn, deposes and says that , �; - ` 1.-1.i�'�'' �r.� he/she resides in the City of �,j �e.,-'Z�c� that he/she is the � �— ���''��'�"�� of the i ' , � �r� �; �,�� ��� �,{,�;�.�(�,�, t��% '�the corporation described in and which�executed the foregoing instrument, and that he/she signe his/her name thereto by like rd 'r. �. _� `��, KELLY J.SMITH , �Commission Number 196693 Notary Public . o� My mmissio Ex ir� POWER OF ATTORNEY III- _ _�,. �_ � Ironshore Indemnity Inc. � KNOW ALL MEN BY THESE PRESENTS,that IRONSHORE INDEMNITY INC.,a Minnesota Corporation,with its principal office in New York,NY does I hereby constitute and appoint:lack L.Anderson and Ronald L.Kaihoi its true and lawful Attorney(s)-In-Fact to make,execute,seal and deliver for,and on its behalf as surety,any and all bonds,undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of IRONSHORE INDEMNITY INC.on the 22�a day of April,2013 as follows: Resolved,that the Director of the Company is hereby authorized to appoint and empower any representative of the company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds,undertakings,policies,contracts of indemnity or other writings obligatory in nature of a bond not to exceed $7,500,000 dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shali be as binding upon the Company as if they had been duly executed and acicnowledged by the regularly elected officers of the Company.Any Attorney-In-Fact,so appointed,may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved,that the signature of the Director and the seal of the Company may be affixed by facsimile on any power of attorney granted,and the signature of the 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 va�id and binding on the Company.Any such power so executed and sealed and certificate � so executed and sealed shali,with respect to any bond of undertaking to which it is attached,continue to be valid and binding on the Company. IN WITNESS THEREOF, IRONSHORE INDEMNITY INC. has caused this instrument to be signed by its Director,and its Corporate Seal to be affixed this 72h day of August,2013 IRONSHORE INDEMNITY INC. I ,,;�o.m , 4 pPORqti; •� '� '/�y/ SEAL R�- ��-�� j` (/ ~,1 7919 � / ! � J[ �� ��� � �t.� �`� ,P�7��.,.. - 'G�. By:' "a , i--� • Dame L.Suss n Director ACKNOWLEDGEMENT On this 7`h Day of August,2013,before me,personally came Daniel L.Sussman to me known,who being duly sworn,did depose and say that he is the IDirector of Ironshore Indemnity, Inc. ,the corporation described in and which executed the above instrument;that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. , ,.�'yti.:er�pqo, aa�-�'H-n o a _ _ Natnnaum�ios�ateotTenneo-see ' � = evi0sen Ceunty BY - �c : IdyCcmmissionExRiiesC7-08-tE =,,a„��r;� AmV aVlor � � Nota Public CERTIFICATE I, the undersigned, Secretary of IRONSHORE INDEMNITY INC., a Minnesota Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy,is in full force and effect and has not been revoked and the resolutions as set forth are now in force. � Signed and Sealed at this izm Day of sepeember ,20�s �-----._ ���\\\\\\\\\1111111S11////////////� oPPOqqry \\ N h /�/ 1979 �^� / �\���aP�R9Or/� � - � �d `: G �j � � � ) +e."`w`' � '� ! S 'j�� `-7 "� I =Zf 1 9 gL 'v� �/', '�._.., I � � � � II , ��o��NEsp'�,%��\ sev t ry dano %iiirrieii���N�i�i►��������`� "WARNING:Any person who knowingly and with intent to defreud any insurance company or other person,files and application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading information concerning any fact material thereto, commits a frauduient insurance act,which is a crime and subjects such person to criminal and civil penaities:' ACKNOWLEDGEMENT OF SURETY STATE OF MINNESOTA COUNTY OF CHIPPEWA — On this 6th day of September , 2016 , before me, a Notary Public within and for said County, personally appeared Ronald L. Kaihoi to me personally known, who being by me duly sworn he/she did say that he/she is the attorney-in-fact of Ironshore Indemnity Inc. , the corporation named in the foregoing instrument, and the seal affixed to said instrument is the corporation seal of said corporation, and sealed on behalf of said corporation by authority of its Board of Directors and said Ronald L. Kaihoi acknowledged said instrument to be the free act and deed of said corporation. i ; � �OTARYPUBLIC , My Commission Expires �i�3���D � /� REB�CCA J. RISA F � � - ; Natary�ublio-Minnesota �� � *, ,,. ?vty Corr;nis,c{on Ex�iras Jan 37,20'LO •..,�d�'uv��.nt�tv.n,*,+yvy^r�r�e�v V v�nrt+a/Y