HomeMy WebLinkAbout0025 Bacon Street - Landscaping - 9/14/2010Bond No.8984648
License and/or Permit Continuous Bond
KNOW ALL MEN BY THESE PRESENTS:
That we,
Wright & Morrissey, Inc., P.O. Box 421, Burlington, VT 05402
as Principal, and Fidelity & Deposit Company of Maryland , incorporated under the laws of the State of
Maryland , with principal office in 600 Red Brook Blvd., Owings Mills, Maryland 21117
as Surety, are held and firmly bound unto City of South Burlington, 575 Dorset Street, South Burlington, Vermont
as Obligee, in the penal sum of Fifty One Thousand Eight Hundred Fourteen Dollars ($51,814.00) Dollars,
lawful money of the United States, for which payment, well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly, by these presents.
WHEREAS, the above bounden Principal has obtained or is about to obtain from the said Obligee a license or permit
for Landscaping at Bacon Street Lofts, 25 Bacon Street, South Burlington, Vermont 05403
and the term of said license or permit is continuous, beginning the 14th day of September 2010
WHEREAS, the Principal is required by law to file with
City of South Burlington, 575 Dorset Street, South Burlington, Vermont
a bond for the above indicated term and conditioned as hereinafter set forth.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the above bounden Principal
as such licensee or permittee shall indemnify said Obligee against all loss, costs, expenses or damage to it caused by said
Principal's non-compliance with or breach of any laws, statutes, ordinances, rules or regulations pertaining to such license
or permit issued to the Principal, which said breach or non-compliance shall occur during the term of this bond, then this
obligation shall be void, otherwise to remain in full force and effect.
PROVIDED, that if this bond is for a fixed term, it may be continued by Certificate executed by the Surety hereon; and
PROVIDED FURTHER, that regardless of the number of years this bond shall continue or be continued in force and of
the number of premiums that shall be payable or paid the Surety shall not be liable hereunder for a larger amount, in the
aggregate, than the amount of this bond, and
PROVIDED FURTHER, that if this is a continuous bond and the Surety shall so elect, this bond maybe cancelled by
the Surety as to subsequent liability by giving thirty (30) days notice in writing to said Obligee.
Signed, sealed and dated the 14th day of September 2010
Wright & Morrissey, Inc.
n /� n /�) Principal
By
& Dep`osit Companv of
LPM90005ZZ0801f ✓ Vcott F. Boardman , Attorney -in -Fact
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in
pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, w ' set forth on the reverse
side hereof and are hereby certified to be in full force and effect on the date hereof d s l ate, constitute and
appoint Scott F. BOARDMAN, Paul E. PLUNKETT, D. Michael BO n MAN, III, Richard
S. SMITH and Brenda SCHILL, all of Burlington, Vermo i a ttomey-in-Fact, to
make, execute, seal and deliver, for, and on its beha its and all bonds and
undertakings, and the execution of such in se presents, shall be as binding upon said
Company, as fully and ampl t duly executed and acknowledged b the
', g Y
regularly elected o ku-i ore, Md., in their own proper persons. This power of attorney
revokes that issued of N, Paul E. PLUNKETT, D. Michael BOARDMAN, I. Munn
BOARDMAN, III, I renda SCHILL, dated November 27, 2001.
The said Assistant r does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By -Laws of said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 17th day of March,
A.D. 2003.
ATTEST:
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State of Maryland I
ss:
City of Baltimore
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
T. E. Smith Assistant Secretary
By.
Paul C Rogers Vice President
On this 17th day of March, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
s PUBLIC �d
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Sandra Lynn Mooney Notary Public
My Commission Expires: January 1, 2004
POA-F 063-8076A
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior
Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized
by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 1 Oth day of May, 1990.
RESOLVED: ""That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of tie ;aid Company,
this 14th day of September 2010
Assistant Secretary