HomeMy WebLinkAboutNCC191556_NOT Closeout Documents_20220914City of
roe
Engineering
300 W Crowell Street, Monroe, NC 28112
monroenc.org • 704-282-4500 • PO Box 69, Monroe, NC 281 1 1
1-4-2021
NVR dba Ryan Homes
Attn: Jared Kimak
10710 Skies Place, Ste 200
Charlotte, NC 28277
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RE: Project Name: Cottage Green (Lots 28, 30, 34-36, 38, 40, 43-45, 48-51 )
Project ID: 20-00201553
County: Union
Dear Mr. Kimak,
This letter is to serve as notice that the City of Monroe is releasing your erosion and
sedimentation control bond. The above referenced site is permanently stabilized and
we consider this project complete from an erosion control standpoint. Enclosed you will
find the original bond documents as we received them. If you have any questions
please contact Sam Starnes at 704-282-4583 or sstarnes@monroenc.org,
Sincerely,
Sam Starnes
Erosion Control Inspector
I:\Erosion Control\ESC Inspections\Subdivision Inspections\Cottage Green Subdivision\Ryan Homes Phase 1 \ Bond
Return Letter 1-4-2021
BOND NO.
7901032548
PERFORMANCE BOND
That NVR dba Ryan Homes as Principal,
and Nationwide Mutual Insurance Company , as Surety,
are held and firmly bound unto the City of Monroe, North Carolina, 300 W. Crowell St, Monroe, NC 28112
, as Obligee, in the
sum Seventeen Thousand Four Hundred Fifty & 001100 ( 17,450.00 }
for the payment of which sum, well and truly to be made, the Principal and Surety bind
themselves, their heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by these presents.
WHEREAS, the Principal has entered into a certain contract with the Obligee dated
NIA , for EROSION CONTROL: Cottage Green (Lois 28,30,34-36.38,40,41,43-45 and 48.51)1739 Pageland Highway (erosion control only)
in accordance with the terms and conditions of said contract, which is hereby referred to and
made a part hereof as if fully set forth herein.
PROVIDED, HOWEVER, by acceptance of this bond Obligee acknowledges and
agrees that this bond only covers a term beginning 04/09/2020 , and ending
04/09/2021 , regardless of the number of years the aforesaid contract shall cover
or be in force, and not withstanding anything in the aforesaid contract to the contrary. Such term
may be continued from year to year by the issuance of a continuation certificate executed by the
Surety. If such term is so continued, the liability of the Surety for each successive term shall not
be cumulative, but rather, the liability of the Surety shall be limited to the penal amount of this
bond for the entire period of time which such bond may be in effect pursuant to such
continuation certificates. Failure to renew said bond shall not constitute a default under the
contract. Any suit under this bond must be instituted before the expiration of two (2 years) from
the date on which final payment falls due.
NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS
SUCH, That if the above bounden Principal shall well and truly keep, do and perform, each and
every, all and singular, the matters and things in said contract set forth and specified to be by the
said Principal kept, done and performed at the time and in the manner in said contract specified,
and shall pay over, make good and reimburse to the above named Obligee, all loss and damage
which said Obligee may sustain by reason of failure or default on the part of said Principal then
this obligation shall be void; otherwise, it shall remain in full force and effect.
Signed, sealed and dated the 9th day of April 2020
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT:
Nationwide Mutual Insurance Company, an Ohio corporation
hereinafter referred to severally as the "Company" and collectively as "the Companies" does hereby make, constitute and appoint:
Cori Wilson
each in their individual capacity its true and lawful attorney -in -fact. with full power and authority to sign, seal, and execute on its behalf any and all bonds and
undertakings. and other obligatory instruments of similar nature, in penalties not exceeding the sum of
Unlimited
and to Und the Company thereby, as sully and to the same extant as it such insi umenfs were signed by the duly authorizea officers of the Company; and all acts
of said Attorney pursuant to the authority g:ven are hereby rali`ied and confirmed
Th's power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company:
"RESOLVED. that the president. or any vice president be, and each hereby is. authorized and empowered to appoint attorneys -in -fact of the Company.
and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms. applications, memorandums, undertakings,
recognizances, transfers, contracts of indemnity, policies. contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other
writings obligatory in nature that the business of the Company may require; and to modify or revoke, wilh or without cause, any such appo ntment or
authority, provided, however, that the authority granted hereby shake in no way limit the authority of other duly authorized agents to sign and countersign any
of said documents on behalf of the Company."
"RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authority to execute and deliver any and at such documents and to bind the
Company subject to the terms and limilations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that
said seal shall not be necessary for the validity of any such documents,"
This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company
Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or allest all
approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of
the board, the chief executive officer, president. treasurer or secretary; provided, however, the signature of any of them may be printed, engraved or
stamped on any approved document, contract, instrument or other papers of the Company.
IN WITNESS WHEREOF, the Company has caused this instrument to be seated and duly attested by the signature of its officer the 271, day or February. 2013.
4 I 6�
Antonio C. Albanese Vice President of Nationwide Mutual Insurance Company
♦+� ACKNOWLEDGMENT
•�Hy�vu ixs,��r��
STATE OF NEW YORK, COUNTY OF NEW YORK: ss
!t'W On this 27" day of February, 2019. before me came the above -named officer for the Company
;.SEAL:4 aforesaid. to me personally known to be the officer described in and who executee the preceding
instrument, and he acknowledged the execution of the same, and being by me duly sworn. deposes
and says. that he is the officer of the Company aforesaid, that the seal affixed hereto is the
corporate seal of said Company, and the said corporate seal and his signature were duly affixed
and subscribed to said instrument by the authority and direction of said Company.
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CERTIFICATE
1, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued
by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has
not been revoked or amended in any manner; Mal said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected
officer of the Company, and the corporate seal and his signature as offaccr were duly affixed and subscribed to the said instrument by the authority of said board
of directors: and the foregoing power of attorney is still in full force arid effect.
IN TNESS HEREOF, I h h reunto subscribed my name as Ai s;st.ant Secretary, and affixed the corporate seal of said Company this _ day of
Assistarl Secretary
BDJ 1(02-19)00