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HomeMy WebLinkAboutStatutory Payment Bond Texas Statutory Westfield Insurance Co. Payment Bond Westfield Group sM Westfield Center, OH 44251-5001 TEXAS STATUTORY PAYMENT BOND (Penalty of this bond must be 100%of Contract Amount) STATE OF TEXAS COUNTY OF Texas Bond Number 1525117 KNOW ALL MEN BY THESE PRESENTS: That Brazos Paving,Inc. (hereinafter called the Principal), as Principal, and WESTFIELD INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, a Corporate Surety authorized and admitted to do business in the State of Texas and licensed by the State of Texas to execute bonds as Surety, (hereinafter called the Surety), as Surety, are held and firmly bound unto Pebble Creek Land Company (hereinafter called the Obligee),in the penal sum of Three Hundred Nineteen Thousand Two Hundred Eighty&05/100 Dollars($ 319,280.05 ) 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 the presents. WHEREAS,the Principal has entered into a certain written contract with the Obligee,dated the 28th day of January , 2015 ,a copy of which is hereto attached and made a part hereof,for Water Line Construction NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract,then this obligation shall be void;otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions thereof to the same extent as if it were copied at length herein. IN WITNESS WHEREOF,the said Principal and Surety have signed and sealed this instrument this 30th day of Januray , 2015 71 rigo (Seal; Westfield Insurance Company Shanda Robinson ,Attorney-in-Fact (Seal) BD5463 THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POW2R#AND ISSUED PRIOR TO 08/04/14, FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO. 4220702 01 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make,constitute and appoint JAMES R.JACKSON, HERBERT R. BEHRINGER, SHERI L. PINCHBACK, SHANDA ROBINSON,VICTORIA EASTBURN, JOINTLY OR SEVERALLY of WACO and State of TX its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE,OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved,that the President, any Senior Executive, any Secretary or any Fidelity& Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.' "Be it Further Resolved,that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 04th day of AUGUST A.D.,2014 . . Corporate ...w'..„...,»,,. ,,.,,,nr.,,,,,,, - .0 • WESTFIELD INSURANCE COMPANY SeAffixed 43,-• •,v- '��F'........•/��� = :•• , s,, 4'•'s WESTFIELD NATIONAL INSURANCE COMPANY s•._•-•.• 'x'01' o.. ,c,'-, Z 4T6.44•••••�►NT�n.•.: OHIO FARMERS INSURANCE COMPANY ��SEAL b :~n, SEAL :•m. .0: "�� E. ran }3333 •p �!':,l®48 a = rr .. ? ` w ,,,,... ." ........ '",.,,,,,;..,,...•••''..' By: State of Ohio "' Dennis P. Baus, National Surety Leader and County of Medina ss.: Senior Executive On this 04th day of AUGUST A.D.,2014 , before me personally came Dennis P. Baus to me known,who, being by me duly sworn, did depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY,the companies described in and which executed the above instrument;that he knows the seals of said Companies;that the seals affixed to said instrument are such corporate seals;that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial ... ,,,,�., ,,., Seal . ikk A L S '• l. Affixed A‘):."........'*‘-''•*‘-''• ePaili // • • David A. Kotnik,Attorney at Law, Notary Public State of Ohio '_0 41101 o My Commission Does Not Expire(Sec. 147.03 Ohio Revised Code) County of Medina ss.: y ��N. TE. OFO , I, Frank A.Carrino, Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies,which is still in full force and effect;and furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. r In` A. Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this ' day of tu,eki D. r^ . •.,...,,..., 14. IP lot SEAL it Lr SEAL •:rn_ ion �:3% A___.e.---4.----,„,,A - Secretary = : 'O.- : :848 :-'. V '•.,' ,,.• ,+t': —i' o= , N. Frank A. Carrino, Secretary