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Home My WebLink AboutSubdivision Maintenance Bond - John Boettcher & Excavating for Laurel Creek Subdivision Section 41316 Cowry-Crry BUILDING 227 W. JEFFF'.RSON BOULEVARD SOU` H i Bi.,,ND, INDIANA 46601-1830 fill" r I I June 12, 2018 John Boettcher John Boettcher Sewer & Excavating Contractor, L'I'D 3305 N Home Street Mishawaka, IN 46545 RE: Subdivision Maintenance Bond No. 601134747 Issued By: Ohio Casualty Insurance Company Project: Laurel Creek Subdivision, Section No. 4 Dear Mr. Boettcher: PHOM: 574/235-9251 FAX 574/ 235-9171 The Board of Public Works, at its meeting of June 12, 2018, approved the above referenced Maintenance Bond in the amount of $8,412.50 for the acceptance of sanitary sewer and water in the Laurel Creek Subdivision, Section No. 4. Enclosed is a copy for your files. If you have any further questions regarding this matter, please call this office at (574) 23,5- 9251. Sincerely, Linda M. Martin, Clerk Enclosure c: Toy Villa, Engineering GARY A. GILOT SUZANNA A FRITZBERC, 0.11ABET1 i A. MARANK JAMES A, MUELLER THERESE J. DORAU Liber Mutua * SURIET MAINTENANCE BOND 601'1347'47 KNOW ALL MEN BY THESE PRESENTS, that we, John Boettcher Sewer & Excavating Contractor, LTD; 3305 N. Horne St., Mishawaka, IN 46545 as Principal, and The Ohio Casualty Insurance Company _ , as Surety, are held and firmly bound unto City of South Bend, Dept of Public Works; 1316 County City Bldg #1316, South Bend, IN 46601 (hereinafter called the Obligee), in the penal sum of Eight Thousand Four Hundred Twelve Dollars And Fifty Cents Dollars $8,412.50 for the payment of which, well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Dated: May 16, 2018 WHEREAS, the said Principal has heretofore entered into a contract with the Obligee for Laurel Creek, Sec4- Acceptance of Sanitary and Water Main and, WHEREAS, the work called for under said contract has now been completed and accepted by said Obligee; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall for a Principal shall for a period of Three (3) years from and after the date of the completion of the contract indemnify the Obligee against any loss or damage directly arising by reason of any defect in the material or workmanship that may be discovered within the period aforesaid, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that in the event of any default on the part of the Principal, written statement of the particular facts showing such default and the date thereof shall be delivered to the Surety by registered mail, at its home office in the city of Keene, New Hampshire promptly and in any event within ten (10) days after the Obligee or his representative shall learn of such default; and that no claim, suit or action by reason of any default of the Principal shall be brought hereunder after the expiration of thirty days from the end of the maintenance period as herein set forth. John Boettcher Sewer & Excavating Contractor, LTD; 3305 N. Home St., Mishawaka, IN 46545 (Principal) By: X"Mki tn _.)oettcher APMOVED 8"rd of PaWjo Werkg ' JUW I it S-177 The Ohio Casualty Insurance Company 62 Maple Avenue, Keene, New Hampshire 03431 By: Geg — 6ry 9. Mifler r'L4 (Attorney -in -Fact) POWER Of ATTORNEY The Ohio Casualty Insurance Company Bond Number-601134747 Principal: John Boettcher Sewer & Excavating -Contractor, LTD; 3305 N. Home St., Mishawaka, IN 46545 Agency Name: RICHARD S. MILLER & SONS INC, Obligee:.CitV of South Bend Dept of Public Works; 1316 Counly Cily Bldg #1316 South Bend IN 46601 Agent Code:133847 Know All Men by These Presents: That The Ohio Casualty Insurance Company, pursuant to the authority granted by Article IV, Section 12 of the Code of Regulations and By -taws of The Ohio Casualty insurance Company, do hereby nominate, constitute and appoint: Christian L. Barnes; Gregory S. Miller of BREMEN, Indiana its true and lawful agent(s) and attorney(ies)-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of votes and interest thereon. And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of said Company at their administrative offices in Keene, New Hampshire, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named atto€ney(ies)-in-fact. In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of said Company this 26th day of September, 2016. �q`L INS(, y � QpP oRg Vr� yCr 0 �1919 w o Mr. David David M, Carey, Assistant Secretary STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY On this 26th day of September, 2016 before the subscriber, a Notary Public of the State of Pennsylvania, in and for the County of Montgomery, duly commissioned and qualified, came David M. Carey, Assistant Secretary of The Ohio Casualty Insurance Company, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duty sworn deposes and says that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seat and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of King of Prussia, State of Pennsylvania, the day and year first above written. 5f I'ASr Q� ponW F ( COMMONWEALTH 3YLVANIA alSeal i�D10r191 SealOF Teresa Pastell@, Notary Public ,Lyg3v` Upper MerianTwp., Montgomery County My Commission Expires March 2a,2021 Notary Public in and for County of Montgomery, State of Pennsylvania Mernber. Penn$A"NaAssadallan or Nnledes qR My Commission expires March 28, 2021 This power of attorney is granted under and by authority of Article IV, Section 12 of the By -Laws of The Ohio Casualty Insurance Company, extracts from which read: 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 to such limitation as the Chairman or President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and ail undertakings, bond, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shalt 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 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 the provisions of this article may he revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the hoard of directors of The Ohio Casualty Insurance Company effective on the 15th day of February, 2011: VOTED that the 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. CERTIFICATE I , the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power of attorney, the referenced By -Laws of the Company and the above resolution of their Board of Directors are true and correct copies and are in full force and effect on this date. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this 16th day of 2018 �qY INSV roRPo��ya 0,919w yo�yd A*pa�N�a l•�ecA� Renee C. Llewellyn, Assistant Secretary