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HomeMy WebLinkAboutPerformance Bond ~ ;..'-,.... . ~,' \) ~. RECENt.\) ()C1 ~ 6 1~~fi \)\)CS () SAFECO Insurance Company PO Box 34526 Seattle. WA 98124-1526 PERFORMANCE BOND Bond 6354974 KNOW ALL BY THESE PRESENTS, That we, Martin Marietta Materials, Inc. 1980 E. 116th Street, Suite 200, Carmel, IN 46032 (hereinafter called the Principal), as Principal, and SAFECO INSURANCE COMPANY OF AMERICA , a corporation duly organized under the laws of the State of Washington (hereinafter called the Surety), as Surety, are held and ftrmly bound unto City of Carmel One Civic Center, Carmel, IN 46032. Phone: (317) 517-2417 , (hereinafter called the Obligee), in the sum of Three Hundred Twenty Five Thousand and 00/100 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -. ($ 325,000.00 ) Dollars, for the payment of which sum 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, ftrmly by these presents. Signed and sealed this 30th day of September , 2005 . WHEREAS, said Principal has entered into a written Contract with said Obligee, dated 10/15/2005 for Reclamation in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part hereof as if fully set forth herein: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the above bounden Principal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said contract set forth and specifted to be by said Principal kept, done and performed, at the times and in the manner in said contract specifted, or shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and t?ffe.c.t. ..... .~ ." .", ~ _ ____ --".......... ~"'w~;_ NO SUIT, ACTION OR PROCEEDING by the Obligee to recover on this bond shall be sustained unless the -s3111e'be'-commenced within two (2) years following the date on which Principal ceased work on said Contract. .~ ~ '.' ". ~. .:: -:.:: ~ ~ . ".,._.-""-: -::: Martin Marietta Materials, Inc. --~~., {,: 2: ~ -..... , ..... :: '. -::: 1980 E. 116th Street, S'uite 21m; carr:De~~rr'f46032 ~ ~ '~"'P" I . . ., ., /. -:.:' nnClpa , . ,-' '. ""'..." B . ,.... ,.'- y Byr Creech, Treasury Mal1ager S-0757/SAEF 10/99 ,,< '2- ~. '>.-: ~"~'.:-~:" '/'_ SAFECO INSURANCE.'t0MRAN~ OF AMERICA ~ U~:~~..~ ~~>~~\ By ~~ ~..::.::: Rebecca G6mez-Pffiras;. '::Atto'ID~y,-::in""'Fact ~-'::~.~~~~~~~ ~w,,~,- ~./. ",.,'c '.. - - '" "":,. ,"- Safeco@ and the Safeco logo are.traj~rl5s:of !?afeco Corporation. FRP \., , :1- '4C, ~ \) o SAFECO. POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO P~ SEATTlE, WASHINGTON 98185 No. 10120 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ........................REBECCA GOMEZ-PORRAS; BYRON CREECH; KRISTY W. KRETZSCHMAR; TODD CRUMP; Raleigh, North CaroIiDa.................. its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 20th day of October , 2004 ~k fA~\~ MIKE MCGAVlCK, PRESIDENT CHRISTINE MEAD, SECRETARY CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-In-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. .On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (Ii) A copy of the power-of-attomeyappointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomeyappointment is In full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 50~ day of ~~ ,ePro5 ' --- -~. CHRISTINE MEAD, SECRETARY - --. . .... -- ~ ~<:/J~/.:' :.:':~ ~ -~: ~'.~ ; ,,' S-09741SAEF 2/61' ,':- ,', ,,'. -.:-. .- - ~~-- Iil> A registered trademark of SAFECO Corporation 10/2012004 PDF