Loading...
Vista Point II- Lot 6- CS150814 � Liberty Interchange Corporate Center /► 1 Mutual,` ` 450 Plymouth Road,A. Su400 J► Plymouth Meeting,PA.19462-1644 Ph.(610)832-8240 MAINTENANCE BOND Bond Number:U22(40124 KNOW ALL MEN BY THESE PRESENTS,that we.lourraryman Construction.Inc. . as principal (the"Principal"). and Liberty Mutual Fire Insurance Company, a company organized under the laws of the State of Wisconsin, as surety(the"Surety"),are held and firmly bound unto Cny°I:CoPpell.l'exas , as obligee(the"Obligee"), in the penal sum of Light I housand Four Ikindred Frtty And Noll WTI IS Dollars($Sl.450.i)it for the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs, executors,administrators,successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has by written agreement dated 8/l4/2015 , entered into a contract(the "Contract")with the Obligee for children's Learning Adventure.-°TN" which cunlrncl elerence 111411U putt!lei vol. NOW, THEREFORE, the condition of this obligation is such that if the Principal shall remedy without cost to the Obligee any defect which may develop during a period of 2 year(s) from the date of completion and acceptance of the work performed under the Contract. provided such defects are caused by defective or inferior materials or workmanship, then this obligation shall be null and void;otherwise,it shall be and remain in full force and effect. PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT: 1. Obligee shall provide both Principal and Surety with written notice of the discovery(Notice of Discovery)of any item of defective or inferior materials or workmanship during the covered period (a "Covered Item"). Should Principal improperly fail to remedy the Covered Item, then Obligee shall make a written demand upon the Surety ("Demand")within ninety(90)days of the Obligee's issuance of the Notice of Discovery of the Covered Item. 2. The Notice of Discovery and the Demand shall be in writing and via certified mail to the Principal and to the Surety. Notice to the Surety shall be delivered to the attention of the Surety Law Department at the above address. 3. No suit or action may be commenced by the Obligee against the Surety atter the expiration or one (1) year (or such lesser time period as otherwise permitted by relevant law)from the date of Obligee's discovery of a Covered Item. If the provision of this paragraph is void or prohibited by law, the minimum period of limitation available to sureties as a defense jn thejurisdictio of the suit shall be applicable. DATED as of this• • 12-- day of u5` ,20 WITNESS/ATTEST Jnurnevluau Construction nc. (Princ ) By: f (Seal) Name: Title: LIBERTY Ar TUAL FIRE I URANCE COMPANY ( !'ety) By: ' (Seal) Atto ey-in-Fact Betty J.R&'ch LMFIC-5300 Rev,06/06 THIS POWER or ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 'his Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 6629316 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts.and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth.does hereby name,constitute and appoint, Betty J. Reeh; Bryan K. Moore:Clark D. Fresher; Gary Wheatley;Michael D. Hendrickson; Pat J. Moore all of the city of San Antonio .state of TX each individually if there be more than one named.its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings.bonds.recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF.this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 1st day of July , 2014 >, American Fire and Casualty Company -aa The Ohio Casualty Insurance Company N Liberty Mutual Insurance Company c West American Insurance Company By: a�� 7 Y STATE OF PENNSYLVANIA ss David M.CareyrAssistant Secretary r COUNTY OF MONTGOMERY C = O On this 1St day of July , 2014 . before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and v 1.— e 0 Casualty Company,Liberty Mutual Insurance Company.The Ohio Casualty Insurance Company.and West American Insurance Company,and that he,as such,being authorized so to do, >,W p execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.co c E ar> IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. O Q. PAe4(j *6 BY' L OTeresa Pastella,Notary Public d oaE c4674 This Power ofAttomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance w e 0;4, Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: o ca• a) ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President.and subject O a? to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, y I O= acknowledge and deliver as surety any and all undertakings,bonds.recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective L E ac powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so .� as executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under > T the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. t C ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, E 0? > E and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, M O seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their -E Z C) respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so g executed such instruments shall be as binding as if signed by the president and attested by the secretary. 0 c+? Certificate of Designation—The President of the Company.acting pursuant to the Bylaws of the Company,authorizes David M.Carey.Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal.acknowledge and deliver as surety any and all undertakings.bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I.Gregory W.Davenport.the undersigned.Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true an correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. �f , IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this ' `1 Idaay of tri�S ,20 /3 . By: Gregory W.Davenport,Assistant Secretary LMS_12873_122013 191 of 300 rt 1. 1,1de..,, Liberty re' Mutual Important Notice TO OBTAIN INFORMATION ABOUT THIS BOND OR TO MAKE A COMPLAINT: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Your notice of claim against the attached bond may be given to the Surety Company that issued the bond by sending it to the following address: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 You may contact the claim office by telephone at: 610-832-8240 Premium or Claim Disputes If you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. This notice is for information purposes only and does not become a part of or a condition of the attached document. It is given to comply with Section 2253.048, Government Code, and Section 53.202, Property Code, Effective September 1, 2001