Project Completion Affidavit - Century Center Masonry Restoration Proj No 117-037 - Ziolkowski Construction Inc.

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FA-W �lll berM -ual- t LF - MAINTENANCE BOND Bond Number: 285055071-M Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA. 19462-1644 Ph, (610) 832-8240 KNOW ALL MEN BY THESE PRESENTS, that we Ziolkowski Construction, Inc. 4050 Ralph Jones Drive; South Bend, Indiana 46628 1 as principal (the "Principal"), and Liberty Mutual Insurance Company, a Massachusetts stock insurance company, as surety (the "Surety"), are held and firmly bound unto, City of South Bend Department of Public Works in the penal sum of as obligee (the "Obliged"), -------------------------- Dollars ($ W,14b.bU for the payment of which sum well and truly to be made, the Principal and the S,urety, bind ourselves, our heir: executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has by written agreement dated June 27,2017 , entered into a contract (the "'Contract") with, the Obligee for Century Center Masonry Restoration - Project No. -11-7-037 which contract is by reference made a, part hereof. 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 Three (3) 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 after the expiration of 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 in the jurisdiction of the suit shall be applicable. DATED as of this 20th day of December —, 20 17 WITNESS / ATTEST gRannon Relclenbacta Zio,lkowski Construction. Inc. (Principal) By: 41 "- _ (Seall) Name: 13111 FaVOrS Title: President LIBERTY MUTUAL INSURANCE COMPANY (Surety) By: (Seal) Attorney -in -Fact Adrienne C. Stevenson LMIIC-5300 Rev. 03104