HomeMy WebLinkAbout14-5645 RAIDER CAPITAL VENTURES, LLC, IN THE COURT OF COMMON PLEAS OF
Owner and Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
POOLE ANDERSON CONSTRUCTION,
LLC,
Contractor and Defendant WAIVER OF MECHANICS LIENS
and
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POOLE ANDERSON CONSTRUCTION, -
LLC, -
Contractor and Plaintiff 'co s'
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RAIDER CAPITAL VENTURES, LLC, �= _
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Owner and Defendants
WAIVER OF MECHANICS LIENS
KNOW ALL MEN BY THESE PRESENTS, that an agreement (the "Agreement") for
the construction of a. hotel and related improvements located at 503 Newburg Road,
Shippensburg Township, Cumberland County, Pennsylvania, identified in the Agreement ("the
Project"), has been entered into between RAIDER CAPITAL VENTURES, LLC, with a
principal place of business at 1871 Old Main Drive, Shippensburg, PA 17257 ("Owner'%
AND
POOLE ANDERSON CONSTRUCTION, LLC, with a principal place of business at
2121 Old Gatesburg Road, Suite 200, State College, PA 16803 ("Contractor"), providing for the
furnishing of labor and/or materials in the erection and construction of a hotel and related
improvements on or to certain property located at 503 Newburg Road, Shippensburg Township,
Cumberland County, as said property is more particularly described in Exhibit A attached hereto
and made a part hereof(the"Property"); and
WHEREAS, in the Agreement, Contractor has covenanted, promised and agreed that no
mechanics' or materialmen's lien or claim would be filed or maintained against the Property or
any part thereof, by any subcontractors, material suppliers or other parties acting or claiming for,
through or under Contractor for or on account of any work done or labor or materials furnished
in the performance of the Agreement. M-00
�Oa2d f 51'n0/I , Field
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NOW, THEREFORE, for and in consideration of the execution by the Owner of the
Agreement and for other good and valuable consideration,the receipt and sufficiency of which is
hereby acknowledged,the Contractor, intending to be legally bound, hereby agrees as follows:
1. All terms used herein that are defined by the Pennsylvania Mechanics Lien Law
of 1963, as amended, shall have the meanings attributed thereto by such law, unless the context
clearly shall require a different meaning. .
2. At the time of and.immediately before the execution of the Agreement, and before
any authority has been given by Owner to Contractor to commence work on the Property, and to
the maximum extent permitted by law, Contractor for and `on behalf of any and all
subcontractors, material suppliers and parties acting or claiming for, through or under
Contractor, covenants and agrees with Owner that no mechanics' liens or claims, notice of liens
or notice of intention, shall be filed or maintained by any of them, against the Property or any
part thereof, for or on account of any work done or labor or materials furnished in the
performance of the Agreement or under any supplemental contract, verbal or written, or for extra
work, or otherwise. Contractor, for and on behalf of any and all subcontractors, material
suppliers and parties acting or claiming through or under Contractor, hereby expressly waives
and relinquishes the right to have, file or maintain any mechanics' lien or claim against the
Property or any part thereof. Notwithstanding anything to the contrary contained in this
Mechanics Lien Waiver, in no event is Contractor on its own behalf waiving or relinquishing any
right that Contractor may have to file or maintain any mechanics' lien or claim in its own name
against the Property or any part thereof.
3. This Waiver of Liens is being furnished in connection with a certain payment and
performance bond being provided by the Contractor to the Owner as security for the Contractor's
performance under the Agreement and the Contractor's obligations under the Agreement to pay
its subcontractors, material suppliers and parties acting or claiming for, through or under
Contractor, which payment and performance bond is attached hereto as Exhibit`B".
4. This Waiver of Liens shall be an independent covenant of the Contractor and of
all subcontractors, material suppliers and parties acting or claiming for, through or under
Contractor, and shall operate and be effective as well with respect to work done or labor or
materials furnished under any supplemental contract, or for extra work in the erection or
construction, or alteration or repair, of improvements on or to the Property.
5. The Contractor shall indemnify and hold the Owner and its partners, members,
managers, officers and all of their respective successors and assigns harmless for any loss, claim,
damage, or expense, including reasonable attorneys' fees and expenses, arising from or related to
any mechanics liens filed by any subcontractor, material supplier or party acting or claiming for,
through or under Contractor.
6. The Contractor hereby warrants and represents that at the time of the execution
hereof, no work of any kind has been done and no materials or supplies of any kind have been
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furnished in the performance of the Agreement or any supplemental contract or extra work in the
erection or construction, or alteration or repair of improvements on or to the Property.
7. The provisions of this Waiver of Liens are severable. Any provision of this
Waiver of Liens which shall be invalid, void or illegal shall in no way affect, impair or invalidate
any other provision hereto, and the remaining provisions shall nevertheless remain in full force
and effect.
8. This Waiver of Liens is made and intended to be filed with the Prothonotary of
Cumberland County, Pennsylvania in accordance with the requirements of Section 1402 of the
Pennsylvania Mechanics Lien Law of 1963, as amended.
9. It is expressly understood-that this waiver and all of the provisions and remedies
herein contained shall be available to and for the protection of Owner and any successor fee title
owner of the Property.
10. In the event Contractor consists of more than one person, firm or corporation, the
undertakings hereunder of each of such persons, firms or corporations shall be joint and several,
and the word "Contractor" shall mean all or some or any of them. For the purposes of the
Agreement and this Waiver, the singular shall be deemed to include the plural, and the neuter
shall be deemed to include the masculine and feminine,as the context may require.
IN WITNESS WHEREOF, Contractor, with intent to be legally bound hereby, has
hereunto signed and sealed these presents thisM4'd'ay of September, 2014.
WITNESS (ATTEST) POOLE ANDERSON CONSTRUCTION, LLC
By:
Name: Jnr
Title: aCS�d.G+•
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COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF C e r..k-e, ;
On this, the IU
y'day of September, 2014, before me, the undersigned officer, personally
appeared t�J hit 1, sa--H,44 , who being sworn according to law, deposes and
states that he/ he is +rc«E,, of Poole Anderson Construction, LLC, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within instrument and
acknowledged that he/she, being authorized to do so, executed the same for the purpose therein
contained, and desires the same to be recorded as such.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
8�A Y-- JU\
-
Notary Public
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
(SEAL) Notarial Seal
Linda K.Wilson,Notary Public
Ferguson Twp.,Centre County
My Commission Expires Sept.8,2015
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EXHIBIT "A"
Legal Description of the Property
ALL THAT CERTAIN parcel of land, situate in Shippensburg Township, Cumberland County,
Pennsylvania more particularly bounded and described in accordance with the Final Land
Development/Subdivision Plan for Raider Capital Ventures, LLC dated December 27, 2013, last
revised on April 24, 2014 and recorded May 8, 2014 in the Office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania at Instrument#201409575, as follows,to wit:
BEGINNING at an Iron Pin Set in a line of the land of Curtiss E. Fogelsanger, being identified
as Tax ID 39-12-318-031 recorded in Deed Book 136, Page 724. The Iron Pin Set is N
53013'45" W 225.31 feet from a tall Existing Metal Post painted yellow that stands in the line
of Fogelsanger and is also a common corner of the land of The Commonwealth of Pennsylvania,
identified as Tax ID 36-12-318-007-recorded in Deed Book 34-M, Page 875 and known as
Shippensburg University, and the land of Shippensburg University Foundation, the parent tract to
the land described herein;
THENCE with the land of Shippensburg University Foundation S 61°20'35" W a distance of
480.94 feet to an Iron Pin Set;
THENCE with the land of Shippensburg University Foundation N 28039'25" W a distance of
156.75 feet to an Iron Pin Set;
THENCE with the land of Shippensburg University Foundation S 89°25'47" W a distance of
66.03 feet to an Iron Pin Set;
THENCE with the land of Shippensburg University Foundation N 28°39'25" W a distance of
295.23 feet to an Iron Pin Set;
THENCE with the land of Shippensburg University Foundation N 61°20'35" E a distance of
318.32 feet to an Iron Pin Set in a line of the land of Walter T. and Judy B. Eichelberger,
identified as Tax ID 39-12-318-029 recorded in Deed Book 131, Page 333 and known as Lot 1 as
recorded in Plan Book 69, Page 108;
THENCE with the land of Walter T. and Judy B. Eichelberger S 53013'45" E a distance of
531.18 feet to an Iron Pin Set; which is the POINT OF BEGINNING;
CONTAINING an area of 4.52445 acres and identified as Lot 2 as shown on a plan entitled
"Land Development/ Subdivision for Raiders Capital Ventures, LLC"Plan Number C-ST-02-02
/002 by Carl Bert&Associates ("Plan").
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EXHIBIT "B"
Payment and Performance Bond
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019047489
a�
j-.=. D=ff �t A312T"' _ 2010
Pefommm Bond
CON
(Name, legal status and address) (Name, legal status and principal place
Poole Anderson Construction, LLC ofbusiness)
2121 Old Gatesburg Road, Ste 200 Liberty Mutual Insurance Company This document has Important legal
State College, PA 16803 175 Berkeley Street consequences.Consultation with
Boston, MA 02116 an attorney Is encouraged with
OW�ER respect to Its completion or
(Name, legal status and address) modification.
Raider Capital Ventures, LLC Any singular reference to
1871 Old Main Drive Contractor,Surety,Owner or
Shippensburg, PA 17257 other party shall be considered
.plural where applicable.
CON�CTI;1=0N CONTRACT
September 5, 2014 AIA Document A312-20 10
Date: Se
p combines two separate bonds,a
Amount: Eight Million, Four Hundred Seventy Nine Thousand, Three Hundred Performance Bond and a
One Dollars--00/100 ($8,479,301.00) Payment Bond,Into one form.
This is not a single combined
Description: Performance and Payment Bond.
(Name and location)
General Construction-Shippensburg Courtyard at Marriott
502 Newburg Road, Shippensburg, PA 17257
BOND
Date:September 16, 2014
(Not earlier than Construction Contract Date)
Eight Million, Four Hundred Seventy Nine Thousand,Three Hundred
Amount: One Dollars---00/100 ($8,479,301.00)
Modifications to this Bond: Q None 0 See Section 16
CONTRACTORAS FRNCIPAL SURETY
Company: (Corporate Seal) Company: ( o orate Seal)
Poole Anders n Construction, LLC Liberty utual Ins an Company
Signatur Signature:
Name nie.1,. n-)1110 Name Rob rt N. rie `g Attorney-in-Fact
and Title: p� sd�(r 4— and Title:
(Any additional signatures appear on the last page of this Pe rman a Bo
(FOR INFORMATION ONLY—Name,address and telephone)
AGENT or BRCKER: WsIERS f tTATTVE
Liberty Mutual Insurance Company (Architect,Engineer orotherparty:)
Attn: Surety Claims Department Baskervill
1001 4th Avenue, Ste 1700 101 S. 15th Street, Ste 200
Seattle, WA 98154 Richmond, VA 23218
Inst. AIA Document A3121—2010.The American Institute of Architects. 00110
§1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors
and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference.
§2 I the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under
this Bond,except when applicable to participate in a conference as provided in Section 3. Initial as
/ So long as the Owner has not been adjudicated to be in to surety
§346 i seQaa�Default under the Construction Contract,the Surety' s obligation under this Bond shall arise
after
1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring
a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among
the Owner,Contractor and Surety to discuss the Contractor's performance.If the Owner does not
request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice,
request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless
the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten
(10)business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor and the
Surety agree,the Contractor shall be allowed a reasonable time to perforin the Construction Contract,
but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor
Default;
.2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;
and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
§4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure
to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to
the extent the Surety demonstrates actual prejudice.
§5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense
take one of the following actions:
§5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract;
§5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent
contractors;
§5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the
Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the
amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as
a result of the Contractor Default;or
§5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable
promptness under the circumstances:
.1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as
practicable after the amount is determined,make payment to the Owner;or
.2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial.
§6 I the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to
be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any
remedy available to the Owner.if the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment
or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
Inst. AIA Document A312m—2010.The American Institute of Architects.
2
§7I the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not
be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the
Surety shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the
Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for
.1 the responsibilities of the Contractor for correction of defective work and completion of the
Construction Contract;
.2 additional legal,design professional and delay costs resulting from the Contractor's Default,and
resulting from the actions or failure to act of the Surety under Section 5;and
.3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual
damages caused by delayed performance or non-performance of the Contractor.
§8I the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond.
§9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its
heirs,executors,administrators,successors and assigns.
§10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to
related subcontracts,purchase orders and other obligations.
§11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in
the Iocation in which the work or part of the work is located and shall be instituted within two years after a declaration
of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety
refuses or fails to perforin its obligations under this Bond,whichever occurs first.If the provisions of this Paragraph
are void or prohibited bylaw,the minimum period of limitation available to sureties as a defense in the jurisdiction of
the suit shall be applicable.
§12Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page
on which their signature appears.
§13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a:statutory bond and
not as a common law bond.
§14 Definitions
§14.1 Balance of the Canract Price.The total amount payable by the Owner to the Contractor under the Construction
Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received
or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is
entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction
Contract.
§14,2 Cort�on Contract.The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and changes made to the agreement and the Contract Documents.
§14.3 Contractor Default Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to
comply with a material term of the Construction Contract.
§14,4 Owner Default Failure of the Owner,which has not been remedied or waived.,to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§14.5 Contact Documents.All the documents that comprise the agreement between the Owner and Contractor.
§15If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
Init. AIA Document A312"* —2010.The American Institute of Architects.
3
§16 Modifications to this bond are as follows: None
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
COWFJ TORAHS PR IQPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Blank Signature: Blank
Name and Title: Name and Title:
Address Address
CAUTION:You should sign an original AIA Contract Document,on which this text appears In RED.An original assures that
changes will not be obscured.
Init. AIA Document AM2" —2010.The American Institute of Architects.
a
t
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No.6596966
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of
the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and WestAmerican Insurance Company
is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies'),pursuant to and by authority herein set forth,does hereby name,constitute
and appoint, Anthony S.Phillips:Robert N.Striewia Jr
all of the city of Wormleysburo ,state of PA each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge
and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 21st day of April 2014
-.ti �, ;� American Fire and Casualty Company
The Ohio Casualty Insurance Company y
`r 4 (( _Uzi .n�•. , � �, �. •, �� _ :�u �- 1.! "�,
Liberty Mutual Insurance Company G)
o
West merican Insurance Company
STATE OF PENNSYLVANIA ss David M.Care ,Assistant Secretary c
COUNTY OF MONTGOMERY
dOn this 21st day of April , 2014 ,before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of American Fire and ` O
w Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company,and that he,as such,being authorized so to do,
p M execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. W
a;?
019047489
W;-A1A aocun ; t A3'12TM _
2x10
CONnvcTm suREnr:
(Name, legal status and address) (Name, legal status and principal place
Poole Anderson Construction, LLC of business)
2121 Old Gatesburg Road, Ste 200 Liberty Mutual Insurance Company
State College, PA 16803 175 Berkeley Street This document has Important legal
• Boston, MA 02116 consequences.Consultation with
011ffR an attorney Is encouraged with
(Nance,legal status and address) respect to Its completion or
Raider Capital Ventures, LLC modification.
1871 Old Main Drive Any singular reference to
Shippensburg, PA 17257 Contractor,Surety,Owner or
other party shall be considered
CCNSTRUCTION CONTRACT plural where applicable.
Date: September 5, 2014 AIA Document A312-2010
combines two separate bonds,a
Amount: Eight Million, Four Hundred Seventy Nine Thousand, Three Hundred Performance Bond and a
One Dollars--00/100 ($8,479,301.00) Payment Bond,Into one form.
Description: This Is not a single combined
(Name and location) Performance and Payment Bond.
General Construction -Shippensburg Courtyard at Marriott
502 Newburg Road, Shippensburg, PA 17257
BOM
Date: September 16, 2014
(Not earlier than Construction Contract Date)
Eight Million, Four Hundred Seventy Nine Thousand, Three Hundred
Amount: One Dollars--001100 ($8,479,301.00)
Modifications to this Bond: R1 None ❑See Section 18
CONYRACTORAS PRINCIPAL SURETY
Company: (Corporate Seal) Company: ( rporate Seal)
Poole Anders n Construction, LLC Liberty(
iberty Mutual n ur ce Company
Signature. ' Signature:
Name �� C/>>1 . SG /-A -;4 Name `~'` \
and Title: ' Y�{.5, f and Title: Ro ert N. ri Ig, Jr„ Att r y-in-Fact
(Any additional signatures appear on the last page of this agmen nd.)
(FOR INFORMATION ONLY—Name, address and telephone)
AGW or BROKER CINT48?S f;EPTETITATTVE:
Liberty Mutual Insurance Company
(Architect,Engineer or other party:)
Baskervill
Attn: Surety Claims Department 101 S. 15th Street, Ste 200
1001 4th Avenue, Ste 1700
Seattle, WA 98154 Richmond, VA 23218
Init. AIA Document A312D1—2010.The American Insthute or Architects. 051110
5
§1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors
and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the
Construction Contract,which is incorporated herein by reference,subject to the following terms.
§2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds
harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,materials
or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contracto
shall have no obligation under this Bond. Initial
/ So long as the Owner has not been adjudicated to be in to Surety
§3ffthdri&iis+�(ch Wtf&Default under the Construction Contract,the Surety's obligation to the Owner under this on
shall arise after the Owner has promptly'notified the Contractor and the Surety(at the address described in Section 13
of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment
for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered
defense of such claims,demands,.liens or suits to the Contractor and the Surety.
§4 When the Owner has satisfied the conditions in Section 3;the Surety shall promptly and at the Surety's expense
defend, indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit.
§5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§5.1 Claimants,who do not have a direct contract with the Contractor,
.1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the
amount claimed and the name of the party to whom the materials were,or equipment was,furnished or
supplied or for whom the labor was done or performed,within ninety(90)days after having last
performed labor or last furnished materials or equipment included in the Claim;and
.2 have sent a Claim to the Surety(at the address described in Section 13).
§5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at
the address described in Section 13).
§6 I a notice of non-payment required by Section 5,1.1 is given by the Owner to the Contractor,that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1.
§7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall
promptly and at the Surety's expense take the following actions:
§7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,
stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and
§7.2 Pay or arrange for payment of any undisputed amounts.
§7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to
constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed
amounts for which the Surety and Claimant have reached agreement.If,however,the Surety fails to discharge its
obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's
fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
§8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's
fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith
by the Surety.
§9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance
of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the
Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the
performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this
Bond,subject to the Owner's priority to use the funds for the completion of the work.
Init. AIA Document A3127"'—2010.The American Institute of Architects.
6
§10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are
unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any
Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf
of,Claimants or otherwise have any obligations to Claimants under this Bond.
§11 The Surety hereby waives notice of any change;including changes of time,to the Construction Contract or to
related subcontracts,purchase orders and other obligations.
§12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent
jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the
expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to
Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or
equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)fust occurs.If the
provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
§13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown
on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be
sufficient compliance as of the date received.
§14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and
Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.
§16 Def+rdbons
§16.1 Claim A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done,or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was
fiunished for use in the performance of the Construction Contract;
A a brief description of the labor,materials or equipment furnished;
.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in
the performance of the Construction Contract;
.6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of
the Claim;
.7 the total amount of previous payments received by the Claimant;and
.8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the
date of the Claim.
§16.2 Claimant An individual or entity having a direct contract with the Contractor or with a subcontractor of the
Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract.The term
Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien
or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to
include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil,
gasoline,telephone service or rental equipment used in the Construction Contract,architectural and engineering
services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other
items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were
furnished.
§16.3 Cortsbijdon Contract The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and all changes made to the agreement and the Contract Documents.
Init. AIA Document A312"—2010.The American Institute of Architects.
7
i
§16.4 Omvw Ddaidt Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§16.5 Conh'ad Docu mrtts.All the documents that comprise the agreement between the Owner and Contractor.
§
17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
§18 Modifications to this bond are as follows: None
(Space is provided below for additional signatures of addedparties, other than those appearing on the coverpage)
CONTRACTOR AS PRINCIPAL StJRM
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Blank Signature: Blank
Name and Title: Name and Title:
Address Address
CAUTION:You should sign an original AIA Contract Document,on which this text appears in RED-An original assures that
changes will not be obscured.
Init. AIA DocumentA312w—2010.The American Institute of Architects.
1
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No.65$6967
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of
the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company
is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute
and appoint, Anthony S.Phillips;Robert N.Striewig Jr.
all of the city of Wormlevsburo ,state of PA each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge
and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 21st day of April 2014 >,
r_••_ `.- - -.` American Fire and Casualty Company �
The Ohio Casualty Insurance Company N
Liberty Mutual Insurance Company 0
West merican Insurance Company
Vl ��,� _ - 7• j 1� -
C STATE OF PENNSYLVANIA ss David M.Carey',Assistant Secretary ro
M COUNTY OF MONTGOMERY _ c
On this 21st day of April 2014 ,before me personally appeared David M. Carey,who acknowledged himself to be the Assistant Secretary of American Fire and m
(D Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company,and that he,as such,being authorized so to do, >,W
p execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. L
a)> IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. O CL
ca • . sly.-. . � � '�9 y���� � �o
Il
Teresa Pastella,Notary Public N C
,2T 0 = / m
c` This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance to e
m Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows:
as
w i ARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O c
0; to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, 4)
O,S acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surely obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective a
E�j powers of attorney,shall have full power.to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so ,R- 0
p O executed,such instruments shall be as bnding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under >�0
the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority.
w
Cq
ARTICLE XIII-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, co
> 4) and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, M
O O seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their o 0
Z u respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so
v-r-
executed such instruments shall be as binding as if signed by the president and attested by the secretary. O 1?
Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- ~
fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety
obligations.
Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
1,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and
West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Altomey executed by said
Companies,is in full force and effect and has not been revoked.
IN TESTIMONY
WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this\ day of Sa'F� 20
}
i• Gregory W.Davenport,Assistant Secretary
LtAS 12873_122013 307 of 500