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HomeMy WebLinkAbout04-1164WAIVER OF LIEN WHEREAS, WAL-MART STORES, INC., 2001 S.E. 10TH STREET, BENTONVlLLE, AR 727'12-6489 has entered into a contract with IRWIN & LEIGHTON, INC., '1030 CONTINENTAL DRIVE, KING OF PRUSSIA, PA 19406, a PENNSYLVANIA CORPORATION, dated March 17, 2003 to provide materials and perform labor necessary for CONSTRUCTION OF WAL-MART STORE #5358-00, WALNUT BOTTOM ROAD, SHIPPENSBURG, PA. 1. NOW, THEREFORE, it is hereby stipulated and agreed by and between the said parties, as part of the said contract and for consideration therein set forth, that neither the undersigned Contractor, any subcontractor or materialman, any parties acting through or under them, nor any other person furnishing labor or materials to the said Contractor under this contract shall file a lien, commonly called a Mechanics Lien, for work done or materials furnished to the said WAL-MART STORES, INC., 2001 S.E. 10?H STREET, BENTONVlLLE, AR 72712-6489 for the CONSTRUCTION OF WAL- MART STORE #5358-00, WALNUT BOTTOM ROAD, SHIPPENSBURG, PA. 2. The Contractor hereby certifies that no work or labor have as yet been performed and that no materials or services have as yet been furnished by anyone under, towards, or in connection with the performance of said contract. This stipulation is made and intended to be filed with the County Prothonotary in accordance with the requirements of Section 402 of the Mechanics' Lien Law of 1963 of the Commonwealth of Pennsylvania in such case provided. IN WITNESS WHEREOF, said Contractor has executed these presents under seal this 17th day of March 2004. SEAL IRWlN~TON, INC. JAMES F. BRECKER, JR. PRESIDENT/CHIEF EXECUTIVE OFFICER CONTRACTOR Bond No. 8195-52-59 EfR~J~c~ BONO Fad~bk "A" P~e 1 of 2 IOqOWALLME~NBYTHI~SBPRESENTS, Tbat IRWIN & LEIGE~ON, INC. 1030 Continental Drive~ King of Prussia, PA.19406 (hsminaf~r called ~e as Pfin~ip~land ~DE~L INSU~CE CO~A~, 15 Mountain View Road, Warren, NJ 07061 a corporation, duly authorized to do busineSS in Arkansas, (harein~ter e. ailed ',he "$um~y'), are held and firmly bound unto WAL-MAgT STORES, llqC. (hereinafter called the "Obliges"). and i~ rept~s~ntotivra, su~cssors and assigns, in the sum of FOUR MILLION ONE HUNDRED ~WEN~Y SEVEN ~HOUSAND AND NO/lO0 ..................................... Dnllar~ {$.~,127,_?00.00 far the psl~m~n~ of which s~ well ~d ~[y ~ be ~ fl~ said Principal and S~e~ b~d he~, advantages, ~xecu~rs,.anc~esso~ ~ ~al~, join~y ~d seemly, f~y by these pr~e~. WHBRBAS, tbs PrlncipaJ has been award~ a contract with Obi/gee for Wal-Mart Supercenter #5,35.8.-00, Walnut Bottom Road, Shippensburg, Pennsylvania (her=inaf~r called the "Coniract") and which =uno'act is h~reby r~ferred to and incorporated by =xpreSs refmznce eS if f~lly set forth her=in. NOW, THER.F, F0iLE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bou'M=a Principal shall well and ~ruly perform all the warlg undena.k.ings, covcntnts, ten'ns, conditions, and ogre=meritS of said com'ta~ within the time provided therein and a~y extensions thereof that may be granted by Obliges, and during the life of any maln~nao~,e obhgat{o~, guaranty or win'runty required under said Contr~t, and shall also wall and truly perform all the u~dere~kings, covenant% terms, conditions, and a~ments of any and all modifications of said Con.'act tha~ may he. after be ma~s, and shall indewalibd and save harmless said Obl/gee of and from any and all Ins% damegc, and expense, including cost~ and attorneys' fees, which the ~ald Obliges may sustain by reaSon of principal's failure to do so then this obBgation shall be null and void; otherwisc it shall remain in ~ull fores und effect. Tbs said surety agrees that no change, extension of time, alteration, addition, omission, waiver, or other regalitY=orion of the terms of eiihe~' tbs s~d ConWact or in the said work to be peffo~ed, or in the specifica~ons, or in the plans, ar ~ ~e con~ doo~men~, or ~y forbe~e on ~e p~'of d~er the Obl~ee or Sure~y to ~he o~er, shall in any way affect said Sore,s obligation un ~ Bond, ~d said Su~ty does hereby wdve nvdc~ of any such chugs, exm~ions of t~e, almradons, additions, o~sions, w~vcrs, or o~er modifications, Shippensburg, Pennsylvania 0Og00-17 Exhibit "A" P~,ge 2 of 2 The parties executing this Bond on behalf et' Ptin¢ipal a~ Surety r~pt~en! and warrant that they ate duly authorized to bind the Principal al~d Surety teepeotively. IN 'WITNESS WHERI~OF, the above bounden panics have executed this instrument under their several seals ~ 17th day of March , 20.04 the marne and corporate seal of each corporate se~l of each eorl~oratc party being hereto affixed and these presents duly s~gned by its undets'gned represeotatlve, pursuant to authority of its govemlng body, Title: Pres~ent/Chief Executive Officer ~ecretary's At, est [SEAL] 1030 Continental Drive King of Prussia, PA 19406 (Prin~pars Add~eSS) Or Secretary's At~est FEDERAL INSURANCE COMPANY Titl¢/Chr±stine 3., Dunn~ AttorneY-±n-Fact 15 Mountain View Road Warren, NJ 07061 (Suret~s A~aress) Attach Pewit of Attorney if executed by attorney-in-fact on b~'hal f of Surety Shippensburg, Pennsylvania 00800-18 Bond No. 8195-52-59 P^Y~ BOND ~xhibit "B" Page 1 of 2 KNOWALLNffiNBYTHESEPRESBNTS, That IRWIN & LEIGItTON, INC. 1030 Continental Drive, King of Prussia, PA 19406 (bemh~after cail~ tbs "Pdndpal"), as P~incipaland FEDERAL INSURANCE COMPANY, 15 Mountain View Road~ Warren, NJ 07061 corporation, da/y authorized to do bmlnesa in Axkaasas, (heminaRer c~lled ~he "Sttrety"), are held and tirm.ly bom~d unto WAL.MART STORBS, INC. 0sera,caRet called the "ObHgee"), and i~ repr~nenmt;ves, successors and esdgn% in (be sum of FOUR MILLION ONE HUNDP. ED ~ENTY SEVEN THOUSAND AND NO/100 .............................. ,-'-TfLDol~ars ( $4,127,000.00 ), for the payment of which sum well end truly to be wade the said ?ri~cipel and Surety bind themselves, and d~air re~ectivn he/~. adm/n/s~ato~, ex,curer% succ~so~s ~d ~s jointly ~ scv~ly, fin~ly by ~sc pres~. . V~EP,~A$, the Principal ha~ be~n awarded a ~omract v~th Obligc~ for --Wal-Mart Supercenter #5358-00, Walnut Bottom Road~ Shippensburg, Pennsylvania (hetainafter called the "Con~") and which Coniract is he,by ~f~d ~o and ~om~ by expce~ refm'en~ ~ if~ly z~t fo~ h~in, NOW. THERBFORE, THE CONDI'fION OF TI-RS OBLIGATION IS 'SUCH, that if t~s Principal shill pm~fly ~e pa~ent ~ ~] w all persom or ~ntiti~s s~pl~ng ~bor, ~fial, s~plies, ~,icss~ ufiH~s ~ cq~p~t ~ ~ pws~mion,of~e ~rk prided for ~ said ~n~act ~d ~y and ~1 mo~fi~do~ of said Con~ot t~ may ber~ b~ ma~, ~d sh~l ~d~fy ~d save h~s sdd Obli~ of~d ~am ~y ~d all loss, ~mage, ~d expense, ~olad~g oos~ ~d a~m~s' fees, wl~ch ~e s~d Oblig~ may su~in by meson of Principal's faille m do so, &on i~s ob~gation s~ali be ~ll ~d void; oth~se it s~ll remain in ~11 ~me ~d effeoL The said Surety egg:es that no cha~ge, extension oft/me, alteration, ~tditioe, oreigsion, waiver, or other modi. fica~ion of th~ t~rms of either the said Contract or in the said work to be perf~rrned, or in the spcvificetions, or ia the plans~ or in thc oontcao~ documents, or any forbearance on the part of ~ithe~ t~e Obligen er Principal to the o~her, sha/l in anywise aff=~t i~ obligation on this Bond~ emi Surety docs hereby waive notice of any such changes, extensions of time, alterations, additions, orv~ssions, waivers; or other ~o!lifioations. The said Principal and the ~a/d Surety agree that lk/s Bond shall inure to the bencfil of all persons or enti~/ee as suppl~dng l~or, ~temh s~pli~, s~ces, utilities ami cq~pm~t in ~he prosecution of the work pcovid~ for ~ seid Con~og as w ~e Obi/gee, and ~at any of such perso~ or entities may main~ iafepen~em ~fiom upon ~is B~nd in ~e nm~e of ~e p~rson or entities bringing m~y such Shippensburg, Pennsylvania 00800-19 .BxhP, iT Page 2 of 2 Thc i~rtios oxcowfing this Bond on behalf of Prinoip~l ~md Surety r~praseut aud watt.at that they arc duly authorized to bind the Prlneip/,l and gurmy re~pe:tively. IN WITNESS W~]~R.EOF, tbs ~bove pan:les have executed this imr~umera uncl~r thdr several seal~ this 17 th d~y of March ,20 06 the name a~d corporate seal of each co.orate seal of each corporate party bek~g he~eto affmed and these peasants duly signed by its underfeed ropre~n~.tive, pursuant to authority of it~ governing body. PR/NCI~AL: IRWl ~y: James Title: larom { tq &'L~GHTON, INC. Bracket, Jr. /~ ~f EwmcJ~t~v~. Officer Or Se~ s A~e~! ~ Is~AU Or S~cr~tary's Artes£ 1030 Continental Drive KinR of Prussia. PA 19406 (Principal's Address) SI/R~yDERAL INSURANCE COMPANY Title: Christine A. Dunn, Attorney-in-Fact 15 Mountain View Road Warzen, NJ 07061 (S~re~'~ Add~oss) Attaoh Power of Attorney if executed by attorney~in -fact on behalf of ~v. rety Shippensburg, Pennsylvania O08OO.-2O ~H uu~U~ POWER Federal Insurance Company Afln: Surety Department OF Vigilant Insurance Company 15 Mountain View Road SurEty ATTORNEY Pacific indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New c~tporebon, and PACIFIC INDEMNITY COMPANY, a Wisconsin corparet~on, do each hereby constitute and appoint David Co P,o s snb erg · Harry C. Rosenberg, Matthew J. Rosenberg, Sherri L. Feeney, David A. Johnson, Christine A. Dunn, Lori A. Addington, Douglas J. ¢ornforth and Joyce M. Hoffman of Bala Cynwyd, Pennsylvania .............................................................................. each aa their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on thek behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course o! business, and any instruments amending or a}tering the same, and consents to the modification or alteration o! any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and affested these presents and affixed their corporate seals on this 5 th day of Attgu s t s 2 00 3 STATE OF NEW JERSEY SS. County of Somerset On this 5 th day of AuRus t, 200.q, before me, a Notary Public of New Jersey, personally came Kenneth C. WendeL to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Pov,~r of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and know~ the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies; and {hat be signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with Frank E. Robertson, and knows him to be Vice President of said Companies; and that the signature of Frank E. Roberteon, sub"~ribed to said Power of Afforney is in the genuine handwriting of Frank E. Robertson, and wes thereto subscribed by authority of said By-Laws and in deponant'$ presence. Notarial Seal ~. JANAKRUN~EEJ~ Notary Public, Stale of New Jemey No. 2297116 Commission Expires February 25, 2008 - ~-'r4 ~- ~ ~ Notary Public CERTIFICATION ExlTact from the By-Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be exeeutad in the name and on behalf of the Company, either by Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or llthographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant V'me President, any Secretary, any Assistant Secretary and the seal of ~he Company may be affixed by facsimile to any power of attorney or to any certificate relatthg thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory Jn the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal chall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (i) the foregoing extract of the 8y-Laws of the Companies is true and correct, (il) the Companies are duly licansed and authorized to transact surety business in all 50 of the United States of Amedca and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the US. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iii) ~ foregoing Power of Attorney is true, correct and in full force and effect GJveo under my hand and seals o! said Companies at Warren, NJ this Z? th day of March, 2004 · IN THE EVENT YOU WISH TO NOTt ~FY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATI'ER PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone ( ,9~8_ ) 903-3497 Fax (908) 903-3656 e-mail: surety@chubb.com Form 15-10-022EA (Ed. f0'O~)~"~r: :; This Notice pertains to the following Surety Bond issued by a member insurer of the Chubb Group of Insurance Companies, Including Federal Insurance Company, Vigilant Insurance Company and Pacific Indemnity Company. Bond Number: 8195-52-59 POLICYHOLDER DISCLOSURE NOTICE TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that pursuant to the Terrorism Risk Insurance Act of 2002 (the "Act") effective November 26, 2002, we are making available to you coverage for losses arising out of certain acts of international terrorism. Terrorism is defined as any act certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism; to be a violent act or an act that is dangerous to human life, propem/or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or.vessel or the premises of a United States Mission; and to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Coverage for acts of terrorism is already included in the captioned Surety Bond. You should know that, effective November 26, 2002, any losses caused by acts of terrorism covered by your Surety Bond will be partially reimbursed by the United States under the formula set forth in the Act. Under this formula, the United States of America pays 90% of covered terrorism losses that exceed the statutorily established deductible to be paid by the insurance company providing the coverage. The portion of your premium that is attributable to coverage l~br such acts of terrorism is zero, because we could not distinguish (and separately charge for) acts of terrorism from other causes of loss when we calculated your premium. If you have any questions about this notice, please contact your agent or broker. ~HUBB FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis DECEMBER 31, 2002 (~n [housands of dollars) A SSE TS LIABILITIES A ND SURPL US TO POLICYHOLDERS Cash and Short Term Investments ....... $ 522,779 Llniled States Government, State and Municipal Bonds ........................................ 6,865,014 Other Bonds .................................................. 2,724,511 Stocks ............................................................. 360,043 Other Invested Assets ............................... 529,464 Outstandir~j Losses and Loss Expenses... $ 7,685,188 Unearned Premiums ......................................2,760,234 Reinsurance Premiums Payable ............... 422,230 Prevision for Reinsurance ............................ 127,710 Other Liabilities ................................................ 73'1,652 TOTAL INVESTMENTS ......................... 11,001,811 TOTAL LIABIMTIES ....................................... 11,727,014. Investments in Affiliates: Pacific Indemnity Company ................... 677,286 Chubb Investment Holdings, Inc ......... 708,044 Executive Risk Indemnity lac ............... 404,804 Chubb Insurance Company of Europe. 209,631 Great Northern Insurance Company.. 195,003 CC Canada Holdings Ltd ...................... 93,812 Vigilant Insurance Company ................. 83,635 Other Affiliates ........................................... 216,086 Premiums Receivable ................................ 1,364,710 Other Assets ................................................. 1,223 ~.08~ Capital Stock ..................................................... 20,980 Paid - In Surplus ............................................ 2,306,790 Unassigned Funds ......................................... 2,123,246 SURPLUS TO POLICYHOLDERS ......... 4,451,016 TOTAL ADMITTED ASSETS ............... $ 16,178,030 TOTAL LIABILITIES AND SURPLUS TO POLICYHOLDERS ........................... $ '16,178,030 Investments am valued in accordance with requirements of the National Association of Insurance Commissioners. Investments valued at $32,738 are deposited with government authorities as required by law. A CORRECT STATEMENT: Form 27-'10-0073 (Rev 5-03) Christiee ~. Ounn