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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
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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—
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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
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