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HomeMy WebLinkAboutDual Obligee Rider09, 25/2006 12:06 305-4" 3593 HDUH DEL,AN I f,uNS , ML L r PAGE 02 rAut DUAL OBLIGEE TRAVELERS CASUALTY AND SURETY COMPANY RIDER Hartford, Co>1n.eeticut 06183 This Rider is to be attached to and forms a part of Bond No. 104214121 issued by Travelers Casualty and Surety Company of America (hereinafter referred to as "Surety"), as Surety, on the bth day June, 2005. WHEREAS, on or about the it day of Ally, 2004, Delant Construction Company (hereinafter called the "Principal"), entered into a written agreement with bllagattah Bu mess Developmeat Autlageitv, General Corporation (hereinafter called the "Primary Obligee'') for the construction of the V r1ti-Family Complex_for ABi2A — AKA Ralph Plaza 1l, Miami. Fl.4rida (hereinafter called the "Contract"); and WHEREAS, the Principal and the Surety executed and delivered to said Primary Obligee Bond No. 1Q4214121 in connection with the Contract; and WHEREAS, the Primary Obligee has requested the Principal and the Surety to execute and deliver this Rider and the Principal and the Surety have agreed to do so on the conditions herein stated. NOW, THEREFORE, the undersigned hereby agree and stipulate that City Q,�Miami 444_S.W, 2nd Avenue, 2110floor, Miami, Salida 33130 shall be added to said bond as a named obligee (hereinafter referred to as "Additional Obligee"), subject to the conditions set forth below. 1. The Surety shall not he liable under this Bond to the Primary Obligee, the Additional Obligee, or any of them, unless the Primary Obligee, the Additional Obligee, or any off them, shall make payments to the Principal (or .in the case the Surety arranges for completion of th.e Contract. to the Surety) strictly in accordance with the terms of said Contract as to payments and shall perform all other obligations to be performed under said Contract at the titre and in the manner therein set forth. 2. The aggregate liability of the Surety under this Bond, to any or al] of the obligees (Primary and Additional Obligees), as their interests may appear, is limited to the penal sum of said Bond, the Additional Obligee's rights hereunder are subject to the same defenses Principal and/or Surety have against the Primary Obligee, and the total liability of the Surety shall in no event exceed the amount recoverable from the Principal by the Primary Obligee under the Contract. At the. Surety's election, any payment due under the performance bon.d may be made by joint check payable to one or more of the obligees. 3. Except as herein modified, said Bond No. 104214121 shall be and remains in full fore and effect. Signed, sealed and dated this F�`' day of Juns , 2005. Multiple Obfigcc Rider Page I or 2 09/25/2005 12:00 rHlat Lid UtLWV 1 ULIIN •1v DELANT CONSTRUCTION COIPANI By: ALLAPATiliaUgaSS DEULOPMENT A�`"I'1EinRT1'\ GENERAL CQRPORAIKV (P'imary Obligee) By: Name and title: Iuan_Mb1J elgado, Errident Name and title: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA r Name and title: Q. N1ic StevP,giAttor7ey-In- act Multlplc Obligee Rider - Page 2 of 2 yam, 09i 2L5y260Es' 1tZju 6 JU30U5J-4U,I _Y 53 HDLH F'AGE 04 ;JYL,rwI Lurv::'t{UL N rMut< la4/un IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to he hereto affixed this 28th day of Jan STAB OF CONNE_CTICUT }SS. Hartford COUNTY OF HAR.TtrORD it4.1431•Ork (HOP' I 0 TRAVELERS CASUALTY AND SURETY COMP OP TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY By George W. Thompson senior Vice President Or this 28th day of January, 2002 before me p rtorally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that be/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF A.MFRICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPAN%', the corporations described in and which executed the above instrument; that he/she knows the seals of' said corporations; that tilt seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing .Resolutions thereof, r(\c.ni...e. etsrAccula My commission -coves June 30, 2008 Notary Public Marie C, Tttrasutt CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO IfEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set fbrth in the Cetti.9catc of Authority, are now in fbrca. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut, Dated this 6tt day of .Tune , 20 QS Kori M. Johanson Assistant Secretary, Bond dy/2 /21 b 1'2:Ob 305b34b124 ABDA 09125/7.005 12:05 305-4a 3593 DELANT CONSTR(X TRAVET,...-..; CASLALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY A 1D SURETY COMPANY FARMINGTON CASUALTY COMPANY Hertford, Connecticut Od183-90a2 POWER. OF ATTORNEY AND CERTIFICATE OP AUTHORITY OF ATTORNEY(S)-IN-FACT PAGE 05 PAGE 05/ 05 KNOW ALL PERSONS BY THESE PRESENTS, TRAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organircd under the laws of the State cf Connecticut, and having their principal of5ces in the City of Hartford. Cyonnt)+ cif Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these rents makee, toristi(ute and appoint D. Michael Stevens, Don A Lambert, Sr., of Palm beach Gardens, Florida, their true and 1d�wful Atiorndc(s)•in; FP5ct; with full power and authority hereby conferred to sign, execute and acknowledge. at any place within the Uhl*. States, the fofowing tnstnimcnt(s): by Mather sec signature and act, any and all bonds, rccogniaancc , cantra.r,.ts of indamrltty, and other writings obligatory in the nature de bond, recognizance, or conditional urdenaldng and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same cxtent as If the same were signed by the duly anthoriaed officers of the Companies, and all the acts of said Attornt y(S)•in•Fact, pursuant to the authority herein given, are hereby ratified and coni5rmed, This appointment as made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in Hill force and effect: VOTED: That the Chairman, thc President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any vice Prcisi<ten'., Any Second Vice President, the Treasurer, any Assistant Treesnm, the Corporate Secretary or any Aaafatent Sdretetary may appoint Attorneys-tr-7a::t and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certifrcate of authority may prescril e to sign with the Company's netnd; and seal with the Company's seal bonds, recogniranccs, eoatracts of indemnity, and other writings obligatory in the nature of u bond, recognizance. or conditional undertaking, and any of said efaieers or the Board of Directors at any dme trey remove any such appointee and revoke the power given him dr her. VOTED; That the Chairman. the President, any Vice Chairman. any Executive Vice President, any Senior Vice President or any vice Prat,tec_n.t may delegate all or a+ty Part of tl o foregoing authority to one or more officers or employees of this Company, provided that eaeh such Megaton is in writing and a copy thereof is fled in the office of the Secretary. VOTED; That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recogrtzanee, cr ccndr:u nal undertaking shall be valid and binding upon the Cprrtpany What (a) signed by the President, any Vice Chairman, any Executive Vice Presid n , ary Senior Vice President of any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any ,Assistant Secretary and duly attested and sealed witt1 the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (ruder see'., if required? by one or tn<re Attorneys -in -Fact act and Agzttts pursuant to the power prescribed in his or hex certificate or their certificates of authority or by one or more Company officers pursuant to a mitten delegation of authority Thia Power of Attorney mid Certificate of Authority is signed and seated by facsimile (mechanical or printed) under and by authority of the following Standing Resolution "'cited by the ;Sotrds of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERT.CA, TRAVIILERS CASUALTY AND SURETY COMPANY and FA"*'rirr'—'..*; CASUALTY COMPANY, which Resoiutlob is now in full force and effect! VOTED: That t'hC tignattuc of each of the following officers: .President, any Executive Vice President. any Senior Vice President, any Vicc President, any Assistart Vice President, eery Secretary, any Assistant Secretary, end the seal of the Company may be affixed by facsimile to ar.y Power cf atto^ney pr to any certificate relating thereto appointing Raider's Vice Presidents, Resident Assistant Secretaries cr Anoraeatain-'"act for purses only of executing and atteatirg bonds and undertakings and other writings obligatory in thc nature thereof, and any such power of attorney or cerificate bearing such facsimile signature or facsimile sea) shall he valid and binding upon the Company and any such power so executed and certifiea by such facsimile signature and facsimile seal shalt. be valid and binding upon the Company in the future with respect to any bond or underrating to which it ra attached. (1!-oO Stand*rd)