HomeMy WebLinkAboutWhispering Oaks II Bond Release C I T Y O F J E F F E R S O N V I L L E
MAYOR MIKE MOORE
812 - 285 -6400
G OTY O,
A * — *, Jeffersonville City Hall
'' '. i p`' N 500 Quartermaster Court
dot 1,1 Jeffersonville, Indiana 47130
Rs
October 17, 2012
Mr. Stephen H. Ross
AVP of Surety Claims and General Counsel
Lexon Surety Group
12890 Lebanon Road
Mt. Juliet, TN 37122
RE: Work performed by Mark Guthrie Construction in Whispering Oaks 11
Mr. Ross,
Mark Guthrie Construction has completed their work in Whispering Oaks 11 per the
agreement with the City of Jeffersonville. The City Engineer's office has inspected and
accepted the work. Please find enclosed the executed bond release and the original
bonds. Thank , o for your a sistance in completing the work in Whispering Oaks 11.
-
Cla
Mike Moore
Mayor of Jeffersonville
An equal opportunity employer.
RELEASE AND ASSIGNMENT OF CLAIM
In consideration of the completion of the scope of work as originally agreed to between 21
Century Developers, Inc. (hereinafter "Principal ") and the City of Jeffersonville, IN (hereinafter
"Claimant ") on the subdivisions known as Whispering Oaks, which scope of work is hereby
acknowledged by Claimant to have been completed, and covered by the bonds listed below, by BOND
SAFEGUARD INSURANCE COMPANY. (hereinafter "Surety "), the undersigned Claimant releases Surety
of any and all claims of any nature that Claimant has or may have against the Principal or Surety, on
the bonds described as follows:
BOND NO.: 5004160
OBLIGEE: City of Jeffersonville, IN
PROJECT: Whispering Oaks, Section 3
BOND NO.: 5009190
OBLIGEE: City of Jeffersonville, IN
PROJECT: Whispering Oaks Subdivision, Phase II, Section 3
BOND NO.: 5032733
OBLIGEE: City of Jeffersonville, IN
PROJECT: Whispering Oaks II
Claimant hereby releases Surety, its agents, officers, employees, and assigns from any and all
claims, known or unknown, developed or undeveloped, which now exist, or may exist, on the above -
referenced Projects and agrees to return the original bonds that were issued to the Surety.
Claimant hereby assigns, sells, transfers, and conveys to Surety all of its rights, title, and
interest in any claims against the Principal arising from the providing of anything of value for the
Projects for which the bonds identified above were issued and assigns, sells, transfers, and conveys to
Surety its claims, that Claimant has, or may have, against Principal, wi egard to the Projects.
Witness the hand and seal of the undersigned this \9 a of _Ati , 20 \Z-.
City of Jeffersonville IN
B '∎,k` 2 aacQ.
Sworn to and su scribed before me this
\I- Nit of , 20 1 - 2_
Notary Public •
cu. I 3 4 CAL(
BOND SAFEGUARD INSURANCE COMPANY
1919 S. Highland Avenue, Building A — Suite 300 — Lombard, Illinois 60148
Bond No. 5004160
SUBDIVISION PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE 21st Century Developers
located at New Albany, In 47150 _, as Principal, and BOND SAFEGUARD INSURANCE COMPANY,
Lombard, Illinois, authorized to do business in the State of Tnd i ana , as Surety, are held and
fi b w to Board of Commissioners of Clark County located at
Jeffersonville, IN 47130 as Obligee, in the penal sum of Fourteen Thousand E.0111-
Hundred Eighty -One _and 60/100 ($) 14,481.60 _ _ for the payment of
which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and
severally, firmly by these presents;
WHEREAS, the above bounden principal has b ted ap oval by the above and obligee for
Whis•erin• Oaks, Section 3 I L! _. as set forth at a meeting of the Town
of Planning Board on for final revision.
NOW, THEREFORE, the condition. of the above obligation is such, that if the said Principal shall complete the above
improvements in accordance with the plans and specifications prepared by
within One year period from the date thereof; and shall indemnify and
save harmless the Town from all costs and damages which it may suffer by reason of failure to do so, and fully reimburse and repay
the Obligee any outlay and expense which it may incur in making good any such default, then this obligation shall be null and void,
otherwise to remain in full force and effect
THE FOREGOING OBLIGATION, however, is limited by the following express conditions, the performance of which shall be a
condition precedent to any rights of claims or recovery hereunder:
1. Upon the discovery by the Obligee, or by the Obligee's agent or representative, of any act or omission that shall or
might involve a loss hereunder, the Obligee shall endeavor to give written notice thereof with the fullest information
obtainable at the time to the Surety at its office at Lombard, Illinois.
2. Legal proceedings for recovery hereunder may not be brought unless begun within twelve (12) months from the date
of the discovery of the act or omission of the Principal on account of which claim is made,
3. The Principal shall be made a party of any suit or action for recovery hereunder, and no adjustment shall be rendered
against the Surety in excess of the penalty of this instrument.
4. No right of action shall accrue hereunder to or for the use or benefit of anyone other than the Obligee, and the
Obligee's right hereunder, may not be assigned without the written consent of the Surety_
IN WITNESS WHEREOF, This instrument has been executed by the duly authorized representative of the Principal and the Surety.
SIGNED, SEALED AND DATED: June 11, 2003
(seal) 21st Cent y Develope -
P cipal
Ns,
Bond Safeguard 1 ranee Co any
(seal) /
By: 2
Jason D . Cromwell , Attorney - - Fact
, f
POWER OF ATTORNEY AO I 6 5 1 7
Bond Safeguard INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its
principal office in Lombard, Illinois, does hereby constitute and appoint:
James T. Smith, John B. Manus, Linda Gibson,
Tammy Masterson, Brook T. Smith, Kathy Hobbs, Raymond M. Hundley, Jason D. Cromwell, James H. Martin
its true and lawful Attorney(s) -In -Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or
other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND
SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or
other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity
or other writings obligatory in nature of a bond not to exceed $500,000.00, Five Hundred Thousand Dollars, which the Company might
execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -
In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the
Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in
the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney
granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power
and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so
executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue
to be valid and binding on the Company.
IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its
President, and its Corporate Seal to be affixed this 7th day of November, 2001.
�.�JPPp INSUq 4/0
BOND SAFEGUARD INSURANCE COMPANY
( ONY ,, , " ) /'
BY
David E: Campbell
President
ACKNOWLEDGEMENT
On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did
depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed
the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By -laws of said
corporation.
"OFFICIAL SEAL"
JANET L. COPPOCK .
NOTARY PUBLIC, STATE OF ILLINOIS Jane L. C ppock
MY COMMISSION EXPIRES 8114105 Notary Public
CERTIFICATE
I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY
CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been
revoked and the resolutions as set forth are now in force. ��----yy
Signed and Sealed at Lombard, Illinois this !/'' '-' Day of , 20 0 3
r � P Pp INS URq �c� . ,,
CO s k i )/121,411 /0 i A
Z ILLINOIS z f���
m INSURANCE Z Donald D. Buchanan
COMPANY
Secretary
GENERAL PURPOSE RIDER
To be attached to and form part of Bond Number 5004160 effective June 11, 2003
issued by the Bond Safeguard Insurance Company -
in the amount of 14,481.60 DOLLARS,
on behalf of 21st Century Developers, Inc.
as Principal and in favor of Board of Commissioners of Clark County
as Obligee:
Now, Therefore, it is agreed that:
This rider will change the obligee from:
Board of Commissioners of Clark County
Jeffersonville, IN 47130
To:
City of Jeffersonville
City - County Building, Jeffersonville, IN 47130
It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged.
This rider is to be effective the _ 8th of October 2008
Signed, sealed and dated this 8th day of October 2008
21st Ce ry Developer Inc. (Principal) Bond Safeguard Insurance Company (Surety)
By it B _ , . _ _ ea-JO £ a
Virginia . Woolridge �� omey - in - Fact
Accepted By:
Board of Commissioners of Clark County
Form F5340
POWER OF ATTORNEY AO 7 7 5
Bond Sa!eguard INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its
principal office in Lombard, Illinois, does hereby constitute and appoint: Brook T. Smith, Kathy Hobbs, Raymond M. Hundley, Jason D. Cromwell, * * **
James H. Martin, Sandra F. Harper, Myrtie F. Henry, Julie Radican, Virginia E. Woolridge, Deborah Neichter, Jill Kemp, Jackie c. Koestel ******* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
its true and lawful Attorney(s) -In -Fact to make, execute, seal and deliver for, and on its behalf as surely, any and all bonds, undertakings
or other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND
SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company
or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of
indemnity or other writings obligatory in nature of a bond, $ 2,500,000.00 Two million five hundred thousand dollars ************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such
documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the
regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted
may be revoked as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of
attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of
any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.
Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it
is attached, continue to be valid and binding on the Company.
IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its
President, and its Corporate seal to be affixed this 7th day of November, 2001.
)) iNswi tit., BOND SAFEGUARD INSURANCE COMPANY
a AN
ILLINOIS ;
Z INSURANCE
C, COMPANY • /
BY
David E. Campbell
President
ACKNOWLEDGEMENT
On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did
depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which
executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By -laws
of said corporation.
"OFFICIAL SEAL"
MAUREEN K. AYE aureen K. Aye (if
Notary Public, State of Illinois tary Public
My Commission Expires 09/21/09
CERTIFICATE
I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY
CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been
revoked and the resolutions as set forth are now in force.
Signed and Sealed at Lombard, Illinois this ' 2 1 1 Day of Q2 r , 20 (
aD INsupy�
J C'
AN / V
� ILLINOIS
INSURANCE Nor / � ! / /
ca, COMPANY . Donald D. Buchanan
Secretary
BOND S INSURANCE COMPANY
1919 S. Highland Avenue, Building A — Suite 300 — Lombard, Illinois 60148
Bond No. 5009190
SUBDIVISION PERFORMANCE BOND
KNOW ALL MEN BY THESE FRESENTS, THAT WE 21st Century Developers, Inc.
located at 3027 Wolf Lake Blvd., New Albany IN 47150 , as Principal, and BOND SAFEGUARD INSURANCE COMPANY,
Lombard, Illinois, authorized to do business in the State of Indiana , as Surety, are held and
firmly Board of Commissioners of Clark County, Indiana located at
City- County Bldg., Jeffersonville, IN 47130 , as Obligee, in the penal sum of Four Hundred Thirty -Eight Thousand
Seven Hundred Fifty -Six and 00 /100 Dollars ($) 438,756.00 _ for the payment of
which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and
severally, firmly by these presents;
WHEREAS, the above bounden principal has been granted approval by the above named obligee for Completion of
Whispering Oaks Subdivision Phase I I - Section 3 as set forth at a meeting of the Town
of ?fanning Board on for final revision.
NOW, THEREFORE, the condition of the above obligation is such, that if the said Principal shall complete the above
improvements in accordance with the plans and specifications prepared by Architect /Engineer
within One (1) year period from the date thereof; and shall indemnify and
save harmless the Town from all costs and damages which it may suffer by reason of failure to do so, and fully reimburse and repay
the Obligee any outlay and expense which it may incur in making good any such default, then this obligation shall be null and void,
otherwise to remain in full force and effect.
THE FOREGOING OBLIGATION, however, is limited by the following express conditions, the performance of which shall be a
condition precedent to any rights of claims or recovery hereunder:
1. Upon the discovery by the Obligee, or by the Obligee's agent or representative, of any act or omission that shall or
might involve a loss hereunder, the Obligee shall endeavor to give written notice thereof with the fullest information
obtainable at the time to the Surety at its office at Lombard, Illinois.
2. Legal proceedings for recovery hereunder may not be brought unless begun within twelve (12) months from the date
of the discovery of the act or omission of the Principal on account of which claim is made.
3. The Principal shall be made a party of any suit or action for recovery hereunder, and no adjustment shall be rendered
against the Surety in excess of the penalty of this instrument.
4. No right of action shall accrue hereunder to or for the use or benefit of anyone other than the Obligee, and the
Obligee's right hereunder, may not be assigned without the written consent of the Surety.
IN WITNESS WHEREOF, This instrument has been executed by the duly authorized representative of the Principal and the Surety.
SIGNED, SEALED AND DATED: July 14, 2004
(seal) 21st Century Deye)opers, Inc.
f Principal
By:
Bond S = and Insura ' ompany
(seal)
/ �.4 r
By: 4, _ riliogg
Ja n D. Cromwell, • ttomey -In -Fact
' POWER OF ATTORNEY AO 1 9 6 7
0
t Bond Safeguard INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its
principal office in Lombard, Illinois, does hereby constitute and appoint:
James T. Smith, John B. Manus, Linda Gibson,
Tammy Masterson, Brook T. Smith, Kathy Hobbs, Raymond M. Hundley, Jason D. Cromwell, James H. Martin
its true and lawful Attorney(s) -In -Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or
other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND
SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or
other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity
or other writings obligatory in nature of a bond not to exceed $500,000.00, Five Hundred Thousand Dollars, which the Company might
execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -
In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the
Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in
the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney
granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power
and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so
executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue
to be valid and binding on the Company.
IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its
President, and its Corporate Seal to be affixed this 7th day of November, 2001.
�� INSUR.
P �, BOND SAFEGUARD INSURANCE COMPANY
Q AN O�
Z ILLINOIS -P /iv
m INSURANCE z
COMPANY '/
BY
David E. Campbell
President
ACKNOWLEDGEMENT
On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did
depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed
the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By -laws of said
corporation.
"OFFICIAL SEAL" r__ ���
JANET L. COPPOCK�
NOTARY PUBLIC, STATE OF ILLINOIS Janet L. C ppock
MY COMMISSION EXPIRES 8/14/05 Notary Public
CERTIFICATE
I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY
CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been
revoked and the resolutions as set forth are now in force.
Signed and Sealed at Lombard, Illinois this 14th_ _ Day of July , 20 04
�� � ,PP p INSUR
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Q AN �Kl���f/ / � t t�' ( l /lL��C/L7
Z Q ILLINOIS Z
m INSURANCE z Donald D. Buchanan
COMPANY
Secretary
Bond Safeguard Insurance Company
1919 S. Highland Avenue, BIdg.A -Ste 300, Lombard, Illinois 69148.4979
BOND RIDER
To be attached to and form a part of Subdivision Performance Bond
Bond No. 5009190 D July 14, 2004 of 21st Century Developers, Inc.
3027 Wolf Lake Blvd., New Albany, IN 47150
as Principal, and
Bond Safeguard Insurance Company, as qty. in favor of Board of Commissioners of Clark County, IN
City - County Bldg., Room 300, 501 East Court Ave., Jeffersonville, IN 47130
, as Obligee,
It Is understood and agreed that the Bond Is changed or revised in the particulars as indicated below
This bond will be automatically renewable for successive periods of one (1) year each after
the initial period unless the issuer is given written notice to by the County Engineer by certified
mail not later than sixty (60) days prior to the first or any subsequent annual anniversary
date of the instrument that the instrument need not be renewed after the expiration of its then
current one (1) year term. The renewal amount shall be the same as set for the preceding year
unless the subdivider obtains permission in writing from the County Engineer for a reduced amount.
Said Bond shall be subject to ad terms, condiOons, and limitations, except as herein expressly teed.
This.Bond Rider shall become effective:. July 14, 2004
IN WITNESS WHEREOF, Bond Safeguard Insurance Company caused its corporate seal to be hereunto affixed
ms July 19, 2004
Bond Safe. , d , surance/1 o )any
ie [ .
Jason r Cromwell, ,k . rney -In -Fact ._
' " . POWER OF ATTORNEY AO i j n n in
1Ultio 01
Ronal Safeguard INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its
principal office in Lombard, Illinois, does hereby constitute and appoint:
James T. Smith, John B. Manus, Linda Gibson,
Tammy Masterson, Brook T. Smith, Kathy Hobbs, Raymond M. Hundley, Jason D. Cromwell, James H. Martin
its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and ail bonds, undertakings or
other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND
SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or
other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity
or other writings obligatory in nature of a bond not to exceed $500,000.00, Five Hundred Thousand Dollars, which the Company might
execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-
In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the
Company. AnyAttorney -In -Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in
the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney
granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power
and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so
executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue
to be valid and binding on the Company.
IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its
President, and its Corporate Seal to be affixed this 7th day of November, 2001.
7 ,---- 13 J P INSUq 4 �c �
•
�, BOND SAFEGUARD INSURANCE COMPANY
AN O�
Z ILLINOIS
I m INSURANCE /
COMPANY / ,;-0-Y
BY i /�i
David E: Campbell
President
ACKNOWLEDGEMENT
On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did
depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed
the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By -laws of said
corporation.
"OFFICIAL SEAL" K ,/,,24-(9
JANET L. COPPOCK i --(---1 NOTARY PUBLIC, STATE OF ILLINOIS Janet L. C ppock
MY COMMISSION EXPIRES 8/14/05 Notary Public
CERTIFICATE
I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY
CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been
revoked and the resolutions as set forth are now in force.
Signed and Sealed at Lombard, Illinois this 19th Day of July 20 04
�� INSUqA�c''‘
o
1/ 0 /1��4
Z ILLINOIS v
° m INSURANCE Donald D. Buchanan `
COMPANY
Secretary
GENERAL PURPOSE RIDER
To be attached to and form part of Bond Number 5009190 effective July 14, 2004
issued by the Bond Safeguard Insurance Company
in the amount of 438,756.00 DOLLARS,
on behalf of 21st Century Developers, Inc.
as Principal and in favor of _ Board of Commissioners of Clark County, Indiana
as Obligee:
Now, Therefore, it is agreed that:
This rider will change the obligee from:
Board of Commissioners of Clark County, Indiana
City - County Bldg., Room 300, 501 East Court Avenue
Jeffersonville, IN 47130
To:
City of Jeffersonville
City - County Building, Jeffersonville, IN 47130
It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged.
This rider is to be effective the 8th of October 2008
Signed, sealed and dated this 8th day of October 2008
21st Cent Develo• •rs nc. Principal Bond Safeguard Insurance Company (surety).
C
By:
AOIIIIPP
By: �K..0 -- u.)12(At
Virginia Woolridge Att ey - in - Fact
Accepted By:
Board of Commissioners of Clark County, Indiana
Form F5340
POWER OF ATTORNEY AO 3 0 2 7 6
Bond Sa!eguard INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its
principal office in Lombard, Illinois, does hereby constitute and appoint: Brook T. Smith, Kathy Hobbs, Raymond M. Hundley, Jason D. Cromwell, * * **
James H. Martin, Sandra F. Harper, Myrtie F. Henry, Julie Radican, Virginia E. Woolridge, Deborah Neichter, Jill Kemp, Jackie c. Koestel ******* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
its true and lawful Attorney(s) -In -Fact to make, execute, seal and deliver for, and on its behalf as surely, any and all bonds, undertakings
or other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND
SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company
or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of
indemnity or other writings obligatory in nature of a bond, $ 2,500,000.00 Two million five hundred thousand dollars ************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such
documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the
regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted
may be revoked as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of
attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of
any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.
Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it
is attached, continue to be valid and binding on the Company.
IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its
President, and its Corporate seal to be affixed this 7th day of November, 2001.
_ iOINSV BOND SAFEGUARD INSURANCE COMPANY
AN
ILLINOIS C
Z INSURANCE
C1 COMPANY
BY
David E. Campbell
President
ACKNOWLEDGEMENT
On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did
depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which
executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By -laws
of said corporation.
"OFFICIAL SEAL" r cef
MAUREEN K. AYE aureen K. Aye
Notary Public, State of Illinois tary Public
My Commission Expires 09/21/09
CERTIFICATE
I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY
CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been
revoked and the resolutions as set forth are now in force.
Signed and Sealed at Lombard, Illinois this S Day of , 200
0,O IWSV
J
( INSU N
ILLINOIS
° y
RANCE ` / I / /
ca, COMPANY) Donald D. Buchanan
Secretary
r
DI.
CONTINUATION CERTIFICATE SMITH • MALI U S
To be attached to and form a
' part of Bond described below. surety bonds
Bond Safeguard Insurance Company
10002 Shelbyville Road, Suite 100
Louisville, KY 40223
City of Jeffersonville Date: 05 - May -
City - County Bldg., Room 300
501 East Court Avenue
Jeffersonville, IN 47130
Re: 21st Century Developers, Inc.
3027 Wolf Lake Blvd.
New Albany, IN 47150
Bond #: 5009190
'L L Ci t' ( 3
The Bond Sattrguard Insurance Company, hereinafter called the "Company," as Surety on Bond
No.: 5009190 issued on the 14th day of JULY, 2004 on behalf of 21st Century Developers, Inc.,
Principal, in favor of City of Jeffersonville, Obligee, hereby certify that this bond is continued in full
force and effect until the 14th day of JULY, 2011, subject to all covenants and conditions of said bond.
This bond, in the current sum of EIGHTY -SEVEN THOUSAND EIGHT HUNDRED AND 00 /100 Dollars
($87,800.00), has been continued in force upon the express condition that the full extent of the
Company's liability under said bond and all continuations thereof for any loss or series of losses
occuring during the entire time the Company remains on said bond shall in no event exceed the sum
of the bond.
In witness whereof the Company has caused this instrument to be duly signed, sealed and dated
as of the 5th day of MAY, 2010.
Bond afeg Insuranc ompany
Sur,'ty
I
By , . ..
a
, i son D. Cr well Attorney -in -Fact
•
POWER OF ATTORNEY
Lexon Insurance Company
LX 7480
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in
Louisville, Kentucky, does hereby constitute and appoint:
Brook T. Smith, Kathy Hobbs, Raymond M. Hundley,Jason D. Cromwell, James H. Martin, * * * **
Sandra F. Harper, Myrtie F. Henry, Virginia E. Woolridge, Deborah Neichter, Jill Kemp, Jackie C. Koestel, Sheryon Quinn * ** * * * * * * * * *
its true and lawful Attorney(s) -In -Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or
other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON
INSURANCE COMPANY on the 1st day of July, 2003 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or
other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity
or other writings obligatory in nature of a bond not to exceed $2,500,000.00, Two - million five hundred thousand dollars, which the Company
might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an
Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected
officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted may be revoked
as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney
granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power
and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so
executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue
to be valid and binding on the Company.
IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its
Corporate Seal to be affixed this 2nd day of July, 2003.
LEXON INSURANCE COMPANY
r�S VRANCF N �!
O: TEXAS 1'0 . -
X; INSURANCE : D I BY
Wj COMPANY
David E. Campbell
•'•• • ''• President
��
ACKNOWLEDGEMENT
On this 2nd day of July, 2003, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and
say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that
he executed said instrument on behalf of the corporation by authority of his office under the By -laws of said corporation.
"OFFICIAL SEAL"
MAUREEN K. AYE
N
Utf
otary Public, State of Illinois
My Commission Expires 09/21/13 Maureen K. Aye
CERTIFICATE Notary Public
I, the undersigned, Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the
original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the
resolutions as set forth are now in force.
Signed and Sealed at Lombard, Illinois this J Day of Maki , 20 to
•
A
� 0 :: TEXAS 1
t Xi INSURANCE I /
W'• COMPANY ;: Z D 1 _II / / /. / •
Donald D. Buchanan
��•' •••.•••.••••' �•• Secretary
"WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files an application for insurance or
statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact materi-
al thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties."
LX1
Lexon Insurance Company
10002 Shelbyville Rd., Suite 100, Louisville, KY 40223
Bond No. 5032733
SUBDIVISION PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE 21st Century Developers, Inc. , located at _
3027 Wolf Lake Blvd., New Albany, IN 47150 as Principal, and Bond Safeguard Insurance Company, Louisville, KY
authorized to do business in the State of Indiana , as Surety, are held and firmly bound unto
City of Jeffersonville located at City - County Building
Jeffersonville, IN , as Obligee, in the penal sum of Eighteen Thousand One Hundred Sixty -
Six and 00/100 * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 18 18,166.00 ($} � for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these
presents;
WHEREAS, the above bounden principal has been granted approval by the above named obligee for
Whispering Oaks I I as set forth at a meeting of
the City of Jeffersonville Planning Board on c r , si ,y -- r= ' , for final
revision.
NOW, THEREFORE, the condition of the above obligation is such, that if the said Principal shall complete the above
improvements in accordance with the plans and specifications prepared by 42 ;• , ,,, ;A/4: r4- s r s
within One year period from the date thereof; and shall indemnify and save harmless
the Town from all costs and damages which it may suffer by reason of failure to do so, and fully reimburse and repay the Obligee
. any outlay and expense which it may incur in making good any such default, then this obligation shall be null and void, otherwise
to remain in full force and effect.
THE FOREGOING OBLIGATION, however, is limited by the following express conditions, the performance of which shall be
a condition precedent to any rights of claims or recovery hereunder:
1. Upon the discovery by the Obligee, or by the Obligee's agent or representative, of any act or omission that
shall or might involve a loss hereunder, the Obligee shall endeavor to give written notice thereof with the
fullest information obtainable at the time to the Surety at its office at Lombard, Illinois.
2. Legal proceedings for recovery hereunder may not be brought unless begun within twelve (12) months from .
the date of the discovery of the act or omission of the Principal on account of which claim is made.
3. The Principal shall be made a party of any suit or action for recovery hereunder, and no adjustment shall be
rendered against the Surety in excess of the penalty of this instrument.
4. No right of action shall accrue hereunder to or for the use or benefit of anyone other than the Obligee, and the
Obligee's right hereunder, may no be assigned without the written consent of Surety.
IN WITNESS WHEREOF, This instrument has been executed by the duly authorized representative of the Principal and the
Surety.
SIGNED, SEALED AND DATED: September 23, 2008
(seal)
21st Century Developers, Inc. Pr' cipal
(seal) Bond Safeguard In urance 6omp.
By:
Jaso' •. Cromwell Attorney - in - Fact
t
POWER OF ATTORNEY Ao 2 9 0 07
Bond Saeguard INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its
principal office in Lombard, Illinois, does hereby constitute and appoint: John B. Manus, Mary E. Joseph, Brook T. Smith, Kathy Hobbs, * * * * * * * * * * * **
Raymond M. Hundley, Jason D. Cromwell, James H. Martin, Sandra F. Harper, Myrtie F. Henry, Julie Radican, Virginia E. Woolridge, Deborah Neichter * * **
its true and lawful Attorney(s) -In -Fact to make, execute, seal and deliver for, and on its behalf as surely, any and all bonds, undertakings
or other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND
SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company
or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of
indemnity or other writings obligatory in nature of a bond, $ 2,500.000,00 Two million five hundred thousand dollars **************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
*********************************************************************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such
documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the
regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted
may be revoked as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of
attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of
any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.
Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it
is attached, continue to be valid and binding on the Company.
IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its
President, and its Corporate seal to be affixed this 7th day of November, 2001.
JpskoINS(/p, BOND SAFEGUARD INSURANCE COMPANY
I AN
C ILLINOIS
Z INSURANCE
\OMPANY
BY
David E. Campbell
President
ACKNOWLEDGEMENT
On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did
depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which
executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By -laws
of said corporation.
L__ zyvci40
"OFFICIAL SEAL"
MAUREEN K. AYE
aureen K. Aye cy
Notary Public, State of Illinois tary Public
My Commission Expires 09/21/09
CERTIFICATE
I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY
CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been
revoked and the resolutions as set forth are now in force.
Signed and Sealed at Lombard, Illinois this G? 3 Day of X4'2 , 20
� p INS(�
4° F
N
ILLINOIS
Z INSURANCE / � 1
c) COMPANY Donald D. Buchanan
Secretary