Loading...
Gateway BP(1.4)-CS 970422MAINTENANCE BOND Bond No. 141696 KNOW ALL MEN BY THESE PRESENTS, That we, Potter Concrete Co., Inc. (hereinafter called the "Principal"), as Principal, and the Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut and duly licensed to transact business in the State of Texas (hereinafter called the Surety"), as Surety, are held and f'u-mly bound unto the City of Coppell, Texas (hereinafter called the "Obligee"), in the sum of Thirty Thousand Two Hundred Ten and no/100 ($30,210.00) Dollars for the payment of which are well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED and sealed this 22nd day of April, 1997. THE CONDITION OF THIS OBLIGATION IS SUCH, that WHEREAS, the said Principal has heretofore entered into a contract with Hill & Wilkinson, Inc. dated September 23, 1996 for exchange circle and drive approaches for haverty's Showroom and Distribution Center, 770 Gateway Blvd., Coppell, TX 75019. WHEREAS, the obligee has requested that said work be guaranteed against failure because of defective workmanship or material, performed or furnished by said Principal for a period of two (2) year from date of completion and acceptance, normal wear and tear excepted. NOW THEREFORE, if the said Principal shall indemnity and save harmless the Obligee against loss or damage occasioned directly by the failure of said materials or workmanship, then this obligation to be void, otherwise to remain in full force and effect. It is understood, however, that this bond shall not include loss or damage by failure of workmanship or materials due to hurricane, cyclone, tornado, earthquake, volcanic eruption or any similar disturbance of nature, nor military, naval or usurped power, insurrection, riot or civil commotion, nor any act of God. It is further understood and agreed that the total liability of the Surety under this bond shall in no event exceed the sum of Thirty Thousand Two Hundred Ten and no/100 ($30,210.00) Dollars. No right of action shall occur upon or by reason of this obligation, to or for the use or benefit of any person, fu'm or corporation, other than the Oblige herein nan~ POTTER CO~Ct~TE ,CO.,~./J/// ' HARTFORD FIRE INSURANCE COMPANY Michele Degnon, Attomey-ir~act ~TFORD FIRE INSURANCE COMPA~"~ Hartford, Connecticut POWER OF A'I-FORNEY Know all men by these Presents, That the HARTFORD FIRE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Connecticut, and having its principal office in the City of Hartford, County of Hartford, State of Connecticut, does hereby make, constitute and appoint CHARLES O. SAAdA,ION8, TOAd P. £LLIS, III, NIICHELE D£GNON and PA TRICK DF. SSA U~,R of DA[LA.Y, its true and lawful Attomey(s)-in-Fact, with full power and authority to each of said Affomey(s)-in-Fact, in their separate capacity if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies; guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed, and to bind the HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all that its said Attomey(s)-in-Fact may do in pursuance hereof. This power of attomey is granted by and under authority of the following provisions: (1) By-Laws adopted by the Stockholders of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held on the 9th day of March, 1971. ARTICLE IV SECTION 8. The President or any Vice-President, acting with any Secretary or Assistant Secretary, shall have power and authority to appoint, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more Resident Presidents, Resident Assistant Secretaries and AttomeysAn-Fact and at any time to remove any such Resident Vk~-President, Resident Assistant Secretary, or Attorney-in-Fact, and revoke the power and authority given to him. SECTION 11. Attorneys-in-Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company thereto any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested by one other of such Officers. This power of attomey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Directors of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held on the 12th day of F_ebruary, 1993. In Witness W~ereof, the HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Vice- President, and its corporate seal to be hereto affixed, duly attested by its Secretary, this 1st day of May, 1995. STATE OF CONNECTICUT COUNTY OF HAR*rFORD HARTFORD FIRE INSURANCE COMPANY Paul L. Marabella V',:e-Pres/dent On this 1st day of May, A.D. 1995, before me personally came Paul L. Marabelta, to me known, who being by me duly swom, did depose and say: that he resides in the County of Hartford, State of Conneciicut; that he is the .Vice-President of the HARTFORD FIRE INSURANCE COMPANY, the corporation described in and which executed the above insimment; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. COUNTY OF HARTFORD ~ Pua~/= CERTIFICATE I, the undersigned, Secretary of the HARTFORD FIRE INSIJRANCE COMPANY, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore, that the Resolutions of the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and sealed at the City of Hmtford. Datedthe 22nd dayof April 19 97. Form S-350'/-9 ([*'IF) Printed in U.S.A.