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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 Q 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