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HomeMy WebLinkAbout1.01 Bond• NEW ENGLAND INTERNATIONAL SURETY INC. European Administration: Omne Building, 11 avenue Lloyd George, 1000 Brussels -Belgium Tel: 32-2-646 21 40 • Fax 32-2-648 42 03 • E-mail: neis@hebel.net Colorado Office : The Terracentre Building, 1100 Stout Street, Suite 470, Denver, Co. 80204, U.S.A DUAL OBLIGEE RIDER TO PAYMENT AND PERFORMANCE BOND WHEREAS, Heretofore, and on or about the 26th day of June, 2000, Indian River Bend Co., as Principal, and Ground Zero Group Engineering Inc., as Subcontractor (hereinafter collectively referred to as "Contractor"), entered into a written agreement with the Four Mile Ranch Development Company, as owner, for off-site public improvements for the Four Mile Ranch Subdivision (the "Contract"); and WHEREAS, the Contractor and New England International Surety, Inc., as Surety, made, executed, and delivered to said Owner their joint and several Payment and Performance Bond; and NOW, THEREFORE, in consideration of One Dollar and other good and valuable consideration, receipt of which is hereby acknowledged, the undersigned hereby agree as follows: The Payment and Performance Bond aforesaid shall be and it is hereby amended as follows: 1. The name of the Garfield County Board of County Commissioners shall be added to said Bond as a named Obligee. 2. The rights of the Garfield County Board of County Commissioners, as named Obligee, shall be subject to the condition precedent that the Owner's obligations to the Contractor be performed; provided, however, that the aggregate liability of the Surety under said bond, to the Owner and the Garfield County Board of County Commissioners as their interests may appear, is limited to the sum of said bond, and provided, further, that the Surety may, as its option, make any payments under said bond be check issued jointly to the Owner and the Garfield County Board of County Commissioners. NEW ENGLAND INTERNATIONAL SURETY INC. European Administration: Omne Building, 11 avenue Lloyd George, 1000 Brussels -Belgium Tel: 32-2-646 21 40 • Fax 32-2-648 42 03 • E-mail: neis@hebel.net Colorado Office : The Terracentre Building, 1100 Stout Street, Suite 470, Denver, Co. 80204, U.S.A 3. Except as herein modified, said Payment and Performance Bond shall be and remain in full force and effect. SIGNED, SEALED and DATED the 23rd day of August, 2 SURETY E EN NEW GL:o'%. RNATIONAL S TY INC. Hendrik Rienstra Vice -President OWNER THE FOUR MIL H DEVELOPMENT COMPANY By: Lester B. Colodny Title: Chairman PRINCIPAL CONTRACT INDIAN RIVER BE 0 TRUCTION CO. By: Lester B. Colodny" Title: Chief Executive Officer 2 NEW ENGLAND INTERNATIONAL SURETY INC. European Administration: Omne Building, 11 avenue Lloyd George, 1000 Brussels -Belgium Tel: 32-2-646 21 40 • Fax 32-2-648 42 03 • E-mail: neis@hebel.net Colorado Office : The Terracentre Building, 1100 Stout Street, Suite 470, Denver, Co. 80204, U.S.A PAYMENT BOND No. F.D. 2000/07/002 KNOW ALL MEN BY THESE PRESENTS: That INDIAN RIVER BEND CONSTRUCTION CO. of 1205 S. Platte River Drive, Suite GL- 100, Denver, CO 80223, a corporation, herein after called Principal, (Corporation, Partnership or Individual) and NEW ENGLAND INTERNATIONAL SURETY INC. of The Terracentre Building 1100 Stout Street, Suite 470, Denver, Colorado herein after called Surety, are jointly and severally held and firmly bound unto THE FOUR MILE RANCH DEVELOPMENT COMPANY INC. c/o Leavenworth & Tester, Garfield County Commissioners, Glenwood Springs, Garfield County, Colorado hereinafter called OWNER, in the penal sum of Three hundred & sixty-six Thousand Two hundred and eight and 28/100 ($366,208.28) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER dated the 26th day of June 2000, a copy of which is hereto attached and made a part hereof for the construction of: County Road 117, Garfield County Colorado (Four mile road) NOW THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provide for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal, and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, THAT THE SAID Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same of any such change, extension of time, alteration or addition to �Y the terms of the contract or to the WORK, or to the SPECIFICATIONS. Additionall ,� 0,�, the Surety agrees to be bound by and fully comply with all of the provisions of the, ��.� Contract that is the subject of this BOND. if— 1 NEW ENGLAND INTERNATIONAL SURETY INC. European Administration: Omne Building, 11 avenue Lloyd George, 1000 Brussels -Belgium Tel: 32-2-646 21 40 • Fax 32-2-648 42 03 • E-mail: neis@hebel.net Colorado Office : The Terracentre Building, 1100 Stout Street, Suite 470, Denver, Co. 80204. U.S.A PROVIDED FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executes in • e counterpart which shall be deemed an original, this 23rd day of August , 2000. ATTEST: sec etary C&e Wi ess as too Principal LEAVENWORTH & TESTER, P.C. Address: 1011 Grand Ave. Glenwood Springs, CO 81601 ATTEST Witne s as to Surety da Principal INDIAN RIVER BEND CONSTRUCTION CO. By: Lester B. Colodny, Chief Executive Officer Address: 1205 S. Platte River Dr., Suite GL -100 Denver, CO 80223 H. RIENSTRA By: AN COPPIN Address: 11, avenue Lloyd George - 1000 Brussels - BELGIUM NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners shall execute BOND. (Accompany this bond with Attorney -in -fact's authority from the Surety to execute bond, certified to include the date of the bond.) CITY OF Brussels COUNTRY BELGIUM The foregoing instrument was acknowledged before me this 23rd day of August 2000, by it R/0(1.5712,4 jPp(N Witness my hand and official seal. My commission expires : unlimited Notary Public 2