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Rockingham Recreation AreaIST a&aS'f waweompawy AMFRICAN BLDG. CINCINNATI, OHIO 45202 513-721-4270 KNOW ALL MEN BY THESE PRESENTS: That .......... :W� jp.o.n.,,Ex,q.ayat.q.r.s.. ...I.nc ......... - ..... ........................................................... insert the name and address or legal ti le of the Contractor) Old Route Are Fishkill, NY 1252 ................................ -1-1.11 ...... ......... ......... .............. ...... — ............................................... ---11-1 ..... . as Principal, hereinafter called Contractor, and The American Druggists' Insurance Co., a corporation of the State of Ohio, with its home office in the Cit of Cincinnati, U.S.A.,, as Surety, hereinafter called Surety, are held and firmly bound unto - Cit .................................................... ....................... ....... ............... 11 ........................ (Here insert the name and address or legal title of the Owner) as Obligee, hereinafter called Owner, in the amount of THREE •HUNDRED. AND .... N.0_1_1_0 ... 0.-. ................ ... ... . .. . .... . .. . .. . . .. . . Dollars ($ for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated .......................................................... 19......., entered into a contract with Owner forA�p ... �!��qt of clean stream ............................. ............. I ........... ...... ...... --- ...... I ................. -- ..... ............ ....................................... -- ........ ............ in accordance with drawings and specifications prepared by .............................. ........ ......... ..... — .................... ................... -- ....................... - ........... -.. I .................... ................................. --l-11— ........... (Here insert full name, title and address) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the Contract in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Con- tractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. 17th September82 Signed and sealed this .....................................A.D. 19—.. In the presence of: cl- . ..... • .rte..... -- ............ 11. — I.. -I ..�- � - B-104 WILSON EXCAVATORS, INC. ............ ...... ........... .................................. . (Seal) e Pr ipal ............. — ....... Title The �Ame n its' Insurance Co. \ By ....... ..' .... .. .... ...... ... (Seal) lDh Ind ' t e. ' attar n \i',�y-in-Title Fact Bond No, SP 811_2720 GISTSpYnJaAww eompaml 800 AMERICAN BL.DG. CINCINNATI, OHIO 45202 513-721-4270 Labor and Material Payment Bond Note: This bond is issued simultaneously with Performance Bond in favor of the owner conditioned on the full and faithful performance of the contract. KNOW ALL MEN BY THESE PRESENTS: That....., ............... .......... ... _ ............................................................... (Here insert the name and address or legal title of the Contractor) .............. .............. __ ................... ..................... as Principal, hereinafter called Principal, and The American Druggists' Insurance Co., a corporation of the State of Ohio, with its home office in the City of Cincinnati, U.S.A., as Surety, hereinafter called Surety, are held and firmly bound unto .... TPVP .. 99..WAPP.!!?.gPX:§ .............................................. _ .............. ............ ............. .......... (Here insert the name and address or legal title of the Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of ...HU..N.D..RED AND... .,...0..I1..1..0...0 —..—.—.--.—...—..—...—..—...—..—...—..—...—..—...— . 777 ... .................... (Here insert a sum equal to at least one-half of the contract price) Dollars for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated....... .. ....... .................. .................19....... entered into a contract with Owner for..... 0 gq�qtf clean stream ...o.. I ........................................... ­­­­ ....... ­.­ ........ .............. 111,1-1 ......... ­­ ..... I ......................... ............... .......................... ................ in accordance with drawings and specifications prepared by ...................................... ................................... ............ ................... I ................. ­ ........... ........ ........... .................. I ................................. (Here insert full name, title and address) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make pay- ment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a sub-contrator of the Principal for labor, material, or both, used or reasonably required for use in the performance of the contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs of expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: (a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: The Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the con- struction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and scaled this ............. ; 77 ' .......,..day of......... ;qpp..emb.er .......... ........ .......... A.D. 19�� In the presence of: WIISON EXCAVATORS, INC., ................. (Seal) .......................... Principal ................. 4. ............... Title ThV, Anicrican Druggists' Insurance Co. /...:;r......._......•, . By ...... ............... (seal) ............ ..... .... ..... .... Title Ralip)\h,� ln-�bmt ey—in—Fact 11111111111 11111111111 11111 1 1 1 111 11 11117C C "I L "I'll I!- 3111P I 1 11910 BALANCES SHEET AS OF DECEDDER 31, 1981 (STATUTORY BASIS) valuation of securities on National Association of Insurance Ca.missioner Basis Assets Liabilities Cash 2,518,367. Outstanding Losses and Loss Bonds 17,377,780. Expense 16,075,407. Preferred Stock 434,783. Unearned Pre-niuns 6,794,280. Camon Stock 27,109,784. Funds Held Tinder lZeinsurance Invested Income Due and Treaties 1;242,969. Accused 337,325. Ceded Reinsurance Balances Other Invested Assets 6,344,079. Payables 2,447,915. 54,122,118. Commissions, Taxes and. Other Other Assets Liabilities 6 _ _Z79; 464. 32,840,035. Premium in Course of Collection 6,219,643. Capital Surplus Funds Held by or Deposited with Reinsurance companies 44,318. Capital Stock 2,350,106. Reinsurance Recoverable 4,227,636. Gross Paid -In and Coritributed Bills Receivable Taken for Surplus 27,178,273. Premium 3,069. Unassigned Funds 2,342,315. Miscellaneacus 93,945. 31 870 694. 10, 88,611. Total Liabilities, Capital Total Admitted Assets 64,710,729. and Surplus 64,710,729. STATE OF NEW YORK SS COUNTY OF NEW YORK On this ... � T ..... day of ...... S.eptembe...19 .. ��. before me personally came . ......... ......... Ralp . h . Infante ..................residing at New York City in the County .... . ........ of New York, State of New York, to be known, who being by me duly sworn, did depose and say that he resides as aforesaid; that he is the Attorney -in -Fact respectively of THE AMERICAN DRUGGISTS' INSURANCE Oa'VANY' the corporation described in and which executed the foregoing instrunent, that they ]mow the corporate seal thereof, that the seal affixed to the foregoing instrument is such corporate seal, and that it was affixed thereto by authority of the Board of Directors of said corporation, that he signed his name thereto by like authority of the said Board of Directors of said corporation, that the liabilities of said corporation do not exceed its assets as ascertained in the manner provided by law that said corporation has received from the Superintendent of Insurance of the State of New York a Certificate of Solvency and of its sufficiency as surety or guarantor, pursuant to the Insurance Law of the State of New York and the Acts amendatory thereof and supplemental thereto, and that the said Certificate has not been revoked. 71111 9 i 1,o I e�v Yat 't, k OTARY PU l�f00 0 oun (�Uahfie in U sxs o, 19S4 commission, X il. to SrA'rz ............. COUNTV ............. On this.- I Af.--......-•............. .... day ----------- --- ...... before me: personally appeared - -------------------------•-------------------------- ------------------------ * --------------- * ----------- with whom I am personally acquainted, who, being by me duly sworn, did depose and my: That he resides at...JJ .......... that he is the ...� L, Lp �f A. ........... -- ..... or the 'n ........................... ...... ......... .................................... the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of said corporation; that the seal thereto affixed is such corporate mal; that it was so affixed by order of the Board of Directors, and that he signed his name thereto by like order. LILLIE M. 4/11 SON P.O. Box 41715, Cincinncifi, Ohio 45241 IZZI, I J � J�li 11111111111p�1111;1111 rNOWN10 "M NXINUMN Iwo John D. Filice, Ralph Infante, or Mimi Rube-noff New York, New York of its true and lawful Attorney -in -Fact with full power and authority,hereby conferred to sign and deliver in its behalf as Surety, any and all kinds of Suret Bon s exce t as limited e e Two Hundred Fifty Thousand Dollars THIS POWER VOID IF ALTERED OR ERASED OR IF POWER NUMBER IS NOT IN BLUE INK. (This power does not authorize the execution oaf- bonds for loan, financial or bank guarantees.) The acknowledgement and execution of any such document by said Attorney -in -Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. Te signature of the President or a Vice President and the sea] of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Assistant Secretary and the sea] 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 sea] shall be valid and binding on the Company. Any such power so executed and sealed and certified by 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. THE AMERICAN DRUGGISTS' INSURANCE COMPANY further certifies that the following is a true and exact copy of a resolution of the Board of Directors of THE AMERICAN DRUGGISTS' INSURANCE COMPANY, duly adopted and now in force, to wit: All Bonds of the corporation shall be executed in the corporate: name of the Company by the: President, any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, or any Assistant Secretary may appoint Attorneys -in -Fact or agents who shall have authority to issue bonds in the name of the Company. All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of______ January --I-- , 19 83 , but until such time shall be irrevocable and in full force and effect, 11-111TNESS- . EREOF, the said TYNE AMERICAil DRUGGISTS' li*�YFRANCE COMPANT has caused these presents to be execut- ed by its officer, with its corporate sea] affixed, this date of 17 11982. STATE OF OHIO THE AMERICAN DRUGGISTS' INSURANCE COMPANY By M President On this. mber 17 19 ­­...,­­§ before me, a Notary Public, personally appeared Gordon M, Barker who being by me duly sworn, acknowledged that he signed the above Power -of -Attorney as an officer of the: said THE AMERICAN DRUGGISTS' INSURANCE COMPANY and acknowledged said instrument to be the voluntary act and deed of the corporation. My commission expires: January 15, 1985 A 1 Notary Public If you have any questions conceming this power call 513- 30 8 100 for verification.