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Home My WebLink About15- Rimrock Construction Private Improvements Completion Bondyl Bond No.09137795 PRIVATE IMPROVEMENTS COMPLETION BOND WHEREAS, the City of Bozeman, a self governing local government operating pursuant to its Charter and the laws of the State of Montana (the "City"), as obligee of this bond, and Rimrock Construction, LLC _ hereinafter referred to as "Principal', as principal to this bond, have entered into an agreement whereby Principal agrees to install and complete certain designated improvements, which said agreement, dated Januar, 2015, is identified as Improvements Agreement for Sundance Apartments At Baxter Meadows Conditional Use Permit (Final Landscaping Improvements) (the "Improvements Agreement') and the Principal has entered into the Improvements Agreement for purposes of fulfilling its requirements related to its Development Application Z12220 (the "Land Use Applications") made pursuant to the requirements of Chapter 38, Article 39, Bozeman Municipal Code (the "Code"), as the above are hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said Improvement Agreement and the conditions of approval for said Applications pursuant to the Code to furnish this private improvements completion bond for the faithful performance of said Improvements Agreement, and to guarantee the work for a period of two years. NOW, THEREFORE, we, the Principal and Fidelity Deposit Company of Mar l�(Surety), a corporation organized and doing business under and by virtue of the laws of the State of ILL, and duly licensed by the State of Montana for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings, herein do provide this bond in the sum of eighty thousand one hundred dollars$80 100) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The conditions of this obligation are such that if the above bounded Principal, his, their, or its heir, executors, administrators, successors, or assigns, shall in all things stand to or abide �y and well truly keep and perform the covenants, conditions and provisions in the said Improvements Agreement and the Code and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner herein specified, and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. The Surety and Principal further agree that in the event the work and improvements are not completed within the time allowed by the said Improvements Agreement or any extensions thereof as may be granted by the City the Surety and Principal shall be jointly and severally liable to the City for any and all costs incurred by the City in completing the required improvements. The City may, at its election, order the Surety to take over and complete the improvements without suit or, at the election of City, the City may complete the improvements and, in such a case, and upon demand by the City and without suit the Surety must tender to City the amount necessary, based upon the estimate of the City, to carry out completion of the improvements; it being further understood that upon completion of the improvements to the sole satisfaction of the City, any unexpended funds shall be returned to Surety. As a part of the obligation secured hereby and in addition to the face amount specified thereof, there shall be included costs and reasonable expenses and fees including enforcing such obligation as are incurred by the City, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Improvements Agreement or to the work to be performed hereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or Private Improvements Completion Bond Page t oft to the specifications. No right of action shall accrue hereunder to or for the use of any persons, firm or corporation other than the City. It is understood that the rights of the City under this bond are conditioned upon the faithful performance by or on behalf of the Principal of all conditions to the Improvements Agreement and total amount of the Surety's liability hereunder shall in no event exceed the aggregate penalty hereof. IN WITNESS WHEREOF, said Principal and said Surety have caused this public improvements completion bond to be duly executed this 12'h day of January, 2015. PRINCIPAL: Rimrock Construction, LLC Date: By: .—. Mailing Address: ? it;3SSouth 700 East Draucr._Jtah 84020 Telephone: 801 676 7625 Fax: 801 676 0208 SURETY: Fidelity & Deposit Company of Maryland Mailing Address: 1400 American Tower Lane Schaumburg I1160196 Telephone: (847) 605-6000 Fax CITY OF BOZEMAN, MONTANA: Date: By: Y City Manager APPROVED AS TO FORM: Date: 20/S By: it Att rney Private Improvements Completion Bond Pap oft ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by GEOFFREY DELISIO, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint William R. MORETON, Pbilip S. WALTER, Bette J. CROSHAW and Judy PARRY, all of Salt Lake City, Utah, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 22nd day of October, A.D. 2013. ATTEST: BY. Assistant Secretary Gregory E Murray ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND bBAL ,� eOi e� d—. �lmi r tat ;�? •.�...*g+� A 71 Vice President Geoffrey Delisio State of Maryland City of Baltimore On this 22nd day of October, A.D. 2013, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, GEOFFREY DELISIO, Vice President, and GREGORY E. MURRAY, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that helshe is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. /III 11111``` Constance A. Dunn, Notary Public My Commission Expires: July 14, 2015 POA -F 016-77158 CITY OF BOZEMAN DEPARTMENT OF COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street P.O. Box 1230 fax 406-582-2263 Bozeman, Montana 59771-1230 planning@bozeman.netwww.bozeman.net TO: Greg Sullivan, City Attorney FROM: Tara Hastie, Administrative Assistant DATE: January 22, 2015 RE: #Z-12220 Sundance Apts. @ Baxter Meadows CUP Completion Bond Enclosed you will find the original Private Improvements Completion Bond for the abovementioned project. The applicant has signed an Improvements Agreement, the Community Development Director will provide her signature after you have approved and signed the bond document. Please provide us with the required signatures as soon as possible as the applicant is requesting occupancy for their project. Thanks. JAN 2 2 2015 Development Review Division Policy and Planning Division Building Division