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HomeMy WebLinkAbout0020 Joy Drive - Landscaping - 9/12/2013I UDFidelity and Deposit Company of Maryland Surety Service Center 1400 American Lane, Tower 2, Floor 9 Schaumburg, IL 60196 Bond No. LPM8320036 NOTICE OF CANCELLATION Date: SEPTEMBER 9, 2013 City of South Burlington 575 Dorset Street So. Burlington VT 05403 The undersigned Surety upon a certain Bond in your favor as follows: Principal: Wright & Morrissey, Inc. Bond No: LPM8320036 License No: Amount of Coverage: $ 22,500 Effective Date: 09/12/2013 hereby notifies you that it desires to cancel and does hereby cancel said bond as an entirety. Such cancellation to become effective at Thirty (30) days from receipt of this letter. It shall be presumed that you receive this letter within five (5) days of this notice. Please send written confirmation of this notice to the addrecc below, This notice is given to you in accordance with the cancellation provision contained in said bond. i Lisa L. Schumacher , Attorney -in -Fact Fidelity and Deposit Company of Maryland trading as Zurich North America Surety Attn: Surety Service Center 1400 American Lane, Tower 2, Floor 9 Schaumburg, IL 60196 CC: HICKOK & BOARDMAN, INC. PO BOX 1064 BURLINGTON VT 054021064 Wright & Morrissey, Inc. 99 Swift Street Suite 100 So. Burlington VT 05403 LPM90002 Ed.(07/03) LPM8320036 Bond Number City of South Burlington Obligee ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by Geoffrey Delisio, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint LISA L. SCHUMACHER its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies,as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 9TH dayof SEPTEMBER A.D. 2013_ ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND y*o Offpdr. soft a 4 r i By: Assistant Secretary Vice President Gerald F. Haley Geoffrey Delisio State of Maryland County of Baltimore On this 9TH day of SEPTEMBER A.D. 2013 , before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Geoffrey Delisio, Vice President and Gerald F. Haley, Assistant Secretary of the Companies, tome personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me dulysworn, deposeth and saith, that he/she is the said officerof the Company aforesaid, and thatthe seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn, Notary Public My Commission Expires: July 14, 2015 GEN00011 Ed.(02/12) EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and 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 Article V, Section 8, of the By -Laws of the Companies is still in force. 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 ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." 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 COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and 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 10th 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 seals of the said Companies, this 9TH day of SEPTEMBER 2013 s * Bem` t1M � i4fA L a +, i imas O. McClellan, Vice President Fidelity �.nd Deposit Cohipany HOA1E OFFICE OF MARYLAND BALTIMORE, AID. 2I203 License and/or Permit Bond KNOW ALL MEN BY THESE PRESENTS: That wc,.___Wright &Morrissey, Inc as Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, incorporated under the laws of the State of Maryland, _ with principal office P.O. Box 1227, Baltimore, Maryland 21203, as Surety, are held and firmly bound unto City of__South Burlington -------------------------------------------------------------------------------------------------- as Obligee, in penal sum of_ ... Twenty —Two Thousand, Five Hundred and 00/100------------------Dollars, ---------------------------------------------------------- lawful money of the United States, for which payment, well and truly to be made, we bind ourselves, our heirs, ex- ecutors, 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 20 Joy Dri_v__e,_ So. Burlington, Vermont ..............................................................................................: and the term of said license or permit is as indicated opposite the block checked below: IN Beginning the ---- 12th day of September Ag--- 2004rtd ending the ------- 12th---------------------------------- day -------------------------- Vq.. 001+ ❑ Continuous, beginning the -------------------------------------- day of -------------------------------------- 19------- WHEREAS , the Principal is required by law to file with___.The City of South Burlington ------------------------------------------------------------------------------------------------------------------------ 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 Prin- cipal 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 may be cancelled by the Surety as to subsequent liability by giving thirty (30) days notice in writing to said Obligee. Signed, scaled and dated the ------------ 12th-------------------day of ------September /1, .2001 Wright & Morrissey, Inc_ ------------------- Principal By--- ------ ----------------------- --- --- FIDELITY AND DEPOSIT COMPANY OF M RYLAND /> B __�,�--------- ----�� Scott F. F. Boardman Attorney -in -Fact J519A-SAI.692 236160 to License and/or Permit Bond Effective On To Fidelity and Deposit Company OF MARYLAND Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203-1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRECHER, Vice -President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article V1, Section 2, of t}�ZBy-Laws of d Company, which are set forth on the reverse side hereof and are hereby certified to be in full fo d effect a date hereof, does hereby nominate, constitute and appoint Scott F. BOARDMAN, Paul PLU , D. M' OARDMAN, I. Munn BOARDMAN, III and Richard S. SMITH, all of Burlington, Vermon Hits ° awful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surd as its deed: any and all bonds and undertakings and the execution of such bonds or undertakings in p ce of th sents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if ° d been ecuted and acknowledged by the regularly elected officers of the Company at its office in Baltimo , in thei proper persons. This power of attorney revokes those issued on behalf of Scott F. Boardman, et al, d eptemb�fi 994, on behalf of I. Munn Boardman, III dated January 16, 1997 and on behalf of Richard S. Smith une 7, 1K/" The said Assistant Secretary does he ° y rtify th extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws Compaa� is now in force. IN WITNESS WHEREOF, the sai ice-Pres' e vand Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDE AND DEPOSIT COMPANY OF MARYLAND, this 17th day of November, A.D. 1999. ATTEST: FIDELITY A POSIT COMPANY OF MARYLAND By-. T. E. Smith Assistant Secretary W. B. Walbrecher Vice -President State of Maryland } SS: County of Baltimore jjj - On this 17th day of November, A.D. 1999, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. Walbrecher, 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. Caro! J. Fa r Notary Public My Commissi � Expires: August 1, 2000 L1428-063-8076A 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 original Power of Attorney of which the foregoing is a full, true and correct copy, is 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 I 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 axed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 12th day of September , 2001 Assistant Secretary