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HomeMy WebLinkAboutMAINTENANCE BOND UNITED FIRE & CASUALTY COMPANY 118 Second Avenue SE, P.O. Box 73909 CEDAR RAPIDS, IOWA 52407-3909 MAINTENANCE BOND Bond Number 54174483 KNOW ALL BY THESE PRESENTS: That we DAVE SCHMITT CONSTRUCTION COMPANY,INC. of 250 50TH AVE SW,CEDAR RAPIDS, IA 52404 as Principal , and UNITED FIRE&CASUALTY COMPANY, an Iowa corporation of Cedar Rapids, Iowa, and authorized to do business in the State of Iowa as Surety, are held and firmly bound unto CITY OF WATERLOO 715 MULBERRY STREET,WATERLOO, IA 50703 in the penal sum Nine thousand seven hundred forty nine and 50/100 of($9,749.50 ) Dollars, lawful money of the United States of America, for the payment of which,well and truly to be made, the Principal and Surety bind themselves, their, and each of their heirs, executors, and administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the said Principal entered into a certain contract, dated , to furnish all the material and labor necessary for the construction of SHADOW CREEK CROSSING TOWNHOMES DEVELOPMENT(PHASE 4)STORM SEWER;4"SUBDRAIN 1,147 LF in conformity with certain specifications; and WHEREAS, a further condition of said contract is that the said Principal should furnish a bond of indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of 2 years from the date of acceptance of the work under said contract and WHEREAS, the said UNITED FIRE & CASUALTY COMPANY, of Cedar Rapids, Iowa, for a valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said CITY OF WATERLOO as aforesaid; NOW, THEREFORE, the Condition of This Obligation is Such, that if the said Principal does and shall, at his/her own cost and expense, remedy any and all defects that may develop in said work, within the period of 2 years from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work, and shall keep all work in continuous good repair during said period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. SIGNED,AND DELIVERED this 8th day of December A.D., 20 09 /1 SCHMITT DAVE CONSTRUCTION COMPANY INC A Approved /rOJm s Principal Cit Atto n y J J efio (/ By 7"0 .,., / C' &'t, -1--.. UNITEE'FIRE &CASUALTY COMPANY By- I i . - - . Attorney-in-Fact CONT0006 0101 I .tE&CASUALTY COMPANY Bond #54174483 Home Office—Cedar Rapids, Iowa Certified Copy of Power of Attorney ObligeeciTY OF WATERLOO (Original on file at Home Office of Company—See Certification) 715 MULBERRY STREET h, h,. WATERLOO,IA 50703 KNOW ALL MEN BY THESE PRESENTS,That the UNITED FIRE&CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, consti- tute and appoint VERJEANt. tN N I I©UALLYOF THE CEDAR FALLS,IA OFFICE,OR ROBERT L.KOLLSMITH,OR MICHELLE R.GRUIS,OR JACQUELINE K. PETERS,Oft C E O�F !HAHN;ALL INDIVIDUALLY �..r.L il of 421 4TH AVENUE SE,PO BOX 1863 CEDAR RAPIDS,IA 52406 its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all law- ful bonds, undertakings and other obligatory instruments of similar nature as follows:ANYAND ALL BONDS and to bind UNITED FIRE &CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE CASUALTYCONTAk1)`cnsl all the arts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted shall expire April sth,2010 unless sooer revoked. This power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company on April 18, 1973. "Article V—Surety Bonds and Undertakings" Section 2,Appointment of Attorney-n-Fact."The President or any Vice president,or any other officer of the Company,may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instru- ments of like nature.The signature of any officer authorized hereby,and the Corporate seal,may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby;such signature and seal,when so used,being adopted by the Company as the original signa- ture of such officer and the original seal of the Company,to be valid and binding upon the company with the same force and effect as though manually affixed.Such attorneys-in-fact,subject to the limitations set forth in their respective certificates ofPauthority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Vice President,the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney-in-fact. IN S HEREOF, the UNITED FIRE & UALTY these ``s,,uinn,,,,, presents tos eVsig signed by its vice president and its�S corporate COMPANY s al to be hereto affixed this Qgti°`cAsu44'-,�8th day of December ,2009 . CORPORATE °g, UNITED FIRE&CASUALTY COMPANY • By 7 SEAL drs �4tu° �p� k..„ ll ,.. " V ce President State of fIowa,County of Linn,ss: On this 8th day of December 2009 before me personally came Dennis Richmann to me known, who being by me duly sworn, did depose and say: that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY,the corporation described in and which executed the above instrument; that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate"seal; that it was so affixed pursuant t ut�hority given by the Board of Directors of said corporation and that he signed his name thereto pursuit like authority,and acknowledges same to be the act and deed of said corporation. , Mary A.Jansen Iowa Notarial Seal Commission number 713273 No Publi My Commission Expires 10/26/10 My Commission expires October 26,2010 CERTIFICATION 1, David A. Lange, Secretary of UNITED FIRE&CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the by-laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof,and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company this 8th day of December ,2009 ,,,,,,casrtgL�b,, Q4 r. CORPORATE ' S SEAL 4, ePc Sec t BPOA0041 102007 i,�/�„RA UNITED FIRE & CASUALTY COMPANY 118 Second Avenue SE, P.O. Box 73909 CEDAR RAPIDS, IOWA 52407-3909 MAINTENANCE BOND Bond Number 54174485 KNOW ALL BY THESE PRESENTS: That we DAVE SCHMITT CONSTRUCTION COMPANY, INC. Of 250 50TH AVE SW,CEDAR RAPIDS, IA 52404 as Principal , and UNITED FIRE&CASUALTY COMPANY, an Iowa corporation of Cedar Rapids, Iowa, and authorized to do business in the State of Iowa as Surety, are held and firmly bound unto CITY OF WATERLOO 715 MULBERRY STREET,WATERLOO,IA 50703 in the penal sum Thirty five thousand three hundred fifty five and 25/100 of($35,355.25 ) Dollars, lawful money of the United States of America, for the payment of which,well and truly to be made, the Principal and Surety bind themselves, their, and each of their heirs, executors, and administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the said Principal entered into a certain contract,dated , to furnish all the material and labor necessary for the construction of SHADOW CREEK CROSSING TOWNHOMES DEVELOPMENT(PHASE 4)SANITARY SEWER;8"SANITARY SEWER 897 LF,4"SANITARY SERVICE-13,48"SANITARY MANHOLE-3 in conformity with certain specifications; and WHEREAS, a further condition of said contract is that the said Principal should furnish a bond of indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of 2 years from the date of acceptance of the work under said contract and WHEREAS, the said UNITED FIRE & CASUALTY COMPANY, of Cedar Rapids, Iowa, for a valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said CITY OF WATERLOO as aforesaid; NOW, THEREFORE, the Condition of This Obligation is Such, that if the said Principal does and shall, at his/her own cost and expense, remedy any and all defects that may develop in said work, within the period of 2 years from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work, and shall keep all work in continuous good repair during said period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise to be and remain in full force and, tue in law. SIGNED, AND DELIVERED this 8th day of December A.D., 20 09 AZ,prvdd s fo SCHMITT DAVE CONSTRUCTION COMPANY INC Principal By C .ty, Attcrn y a e UNITED FIRE &CASUALTY COMPANY ByA �J`►2"A Attorney-in-Fact CONT0006 0101 _. JN1 ft0 FIRE&CASUALTY COMPANY Bond „54174485 Home Office—Cedar Rapids, Iowa Certified Copy of Power of Attorney ObligeecITY OF WATERLOO. (Original on file at Home Office of Company—See Certification) 715 MULBERRY STREET WATERLOO,IA 50703 KNOW ALL MEN BY THESE PRESENTS,That the UNITED FIRE&CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, consti- tute and appoint VERJEAN°1-.KING, INDIVIDUALLY OF THE CEOARddLS IA OFP10E,OR ROBERT L.KOLLSMITH,OR MICHELLE R.GRUIS,OR JACQUELINE K. PETERS,OR DEBORAH D.HAHN,ALL INDTVIDUAL'L�' of 421 4TH AVENUE SE,PO BOX 1863 CEDAR RAPIDS,IA 52406 'r, ,; its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal'and execute in its behalf all law- ful bonds, undertakings and other obligatory instruments of similar nature as follows:ANY AND ALL BONDS and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the ,ts., said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted shall expire API'ettl 010 iupttiS5Sooner revoked. This power of Attorney is made and executediadrSuant to and b 'authority of the following By-Law duly adopted by the Board of Directors of the Company on April 18, 1973. "Article V—Surety Bonds and Undertakings" Section 2,Appointment of Attorney-n-Fact."The President or any Vice president,or any other officer of the Company,may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instru- ments of like nature.The signature of any officer authorized hereby,and the Corporate seal,may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby;such signature and seal,when so used,being adopted by the Company as the original signa- ture of such officer and the original seal of the Company,to be valid and binding upon the company with the same force and effect as though manually affixed.Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Vice President,the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney-in-fact. IN WITNESS WHEREOF, the UNITED FIRE&CASUALTY COMPANY has caused these ,„&,,m,n,,,, presents to be signed by its vice president and its corporate seal to be hereto affixed this 4 ryc%8th day of December ,2009 coRPORAArE UNITED FIRE &CASUALTY COMPANY • By SEAL zY: '4 rrRAPD�`oN�� V ce President State of Iowa, County of Linn, ss: On this 5th day of December ,2009 before me personally came Dennis Richmann to me known, who being by me duly sworn, did depose and say:that he resides in Cedar Rapids, State of Iowa;that he is a Vice President of the UNITED FIRE &CASUALTY COMPANY,the corporation described in and which executed the above instrument; that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. *o+c Mary A.Jansen Iowa Notarial Seal Commission number 713273 No Publi iovok My Commission Expires 10/26/10 My Commission expires October 26,2010 CERTIFICATION I, David A. Lange, Secretary of UNITED FIRE &CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the by-laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof,and of the"whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company this 8th day,of December ,2009 �,,,,,,, oo• .:4R CORPORATE y z • M: SEAL 4:, Secr & BPCEA0041 102007 ''''�� timp"o�```