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KFC & Pizza Hut-CS 871119KNOW ALL MEN BY THESE PRESENTS: Bond No. _52324507 MAINTENANCE BOND That we, INTERSTATE CONSTRUCTION MANAGEMENT, IN~., 1113 Cleveland Avenue, Loveland, Colorado 80537, as Principal, and TRANSAMI RICA INSURANCE COMPANY, a Corporation duly incorporated under the Laws of the S' ~te of California, as surety, are held and firmly bound unto The City of Coppell, Text hereinafter called Obligee~ in the sum of Three Thousand Two Hundred Dollars ($3,200.00, lawful money of the United States of America, to the payment of which well and trul' to be made we bind ourselves, our successors and assigns~ ~ointly and severally, firmly by ese presents. WHEREAS, the said principal has heretofor~ed ~ 7ontr~ KFC National Management Company for construction of t I<entucky Fried Chicken, Ret.ail (~utlet at I:]5 South Denton Tap, Coppell, Texas, in accordanL~ith the terms of said co~sg~'t. As a condition to the acceptance of such work, the Principa ' e uired e this Bond guaranteeing maintenance of two approaches, the city sidewalk, a fire hydrant and water tap located at 135 South Denton Tap, Coppell, Texas, for a period of One Year after acceptance of said work: NOW, THEREFORE, the condition of this obligation is such, that if the said construction does not prove to be defective as to faulty materials or workmanship within the said One Year period, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED THIS 6th day of October, 1989. INTERSTATE C¢'~NSTRUCT.~ION MANAGEMENT, INC. TRANSAMERICA INSURANCE COMPANY By: / ~ Attorney-m-Fact Transamerica ? J~Jlll Insurance Services KNOW ALL MEN BY THESE PRESENTS: Transa~ca Insurance Company 'Power of Attorney That TRANSAMERICA INSURANCE COMPANY, a coq)oration of the State of California. does hereby make;consti- tuteandapp0int Dell O. Van. Gilder, Jr., Douglas C. B~esler, Delores Newland, Donna Paterson, Thomas L. Myers, Theresa Kurth, Kimberlee Scimemi or W. R. Withrow, each of Denver, Colorado--- its true and lawful Attorney(s)-in-Fmct, with full power and authority, for and on behalf on the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal ia required, bonds, undertakings, recognizances or otherwrittefl obligations in the nature thereof, as follows: Any and all bonds and undertakings, UNLIMITED IN AMOUNT, for or on behalf of this company, in its business and in accordance with its charter,--- and to bind TRANSAMERICA INSURANCE COMPANY thereby, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following by-laws of the Company which by-laws are now in full force and effect. ARTICLE Vii SECTION 30. All policies, bonds, undertakings, certificates of insurance, cover notes, recognizances, contracts of indemnity, endorsements, stipulations, waivere, consents of sureties, r~-insurance acceptances or agreements, surer7 and co-surety obligations ~nd agreements, underwriting undertakings, and all other instrument~ pertaining to the insurance business of the Corporation, shall be validly executed when signed bn behalf of the Corporation by the President, any Vice President or by any other officer, employee, agent or Attorney-in;Fact authorized to so sign by (i) the Board of Directors, (ii) the President, (iii) and Vice President. or (iv) any other person empowered by the Board of Directors, the President or any Vice President to give such authorization; provided that all policies of insurance, thall also bear the signature of a Secretary, which may be a facsimile, and unless manually signed by the President or a Vice President, a facsimile' signature of the President. A facsimile signature of a former officer shall be of the same validity as that of an existing officer. The affixing of the corporate seal shall not be necessary to the valid execution of any instrument, but any person authorized to execute or attest such instrument may affix the Corporation's seal thereto. This Power of At'tome/is signed and sealed by e facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of October 1963. "Resolved, That the signature of any officer authorized by the By-laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attome/or certification of either given for the execu- tion of any bond undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the Company as the original signature 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." IN WITNESS WHEREOF, TRANSAMERICA INSURANCE COMPANY has caused these presents to he signed by its proper officer and its corporate seal to hereunto affixed this [ 9 th State of California ) County of ) ss On this 19th day of November day of November ~.H. Tanner, Vice President ,19 87 ,19 87 , before me Hazel Yamasewa, a Notary PuMic in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared J,H. Tanner personally known to me (or proved to me on the basis of satisfactory evidence) to be a Vice President of TRANSAMERICA INSURANCE COM- PANY the corporation whose name is affixed to the foregoing instrument; and duly acknowledged to me 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. ! ~ HAZEL YAMASAWA PRINCIPAL. OFFICE IN LOS ANGELES COUNTY ~ My Commission Expires SepL 30, 1988 1719 D Hazel Yamasawa, Notary Public in and for the County of Los Angeles, California [Continued) 6-86