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performance bond mid ks underground 11/9/198754-32737 UNITED FIRE & CASUALTY COMPANY CEDAR RAPIDS, IOWA (A STOCK COMPANY) PERFORMANCE BOND Approved by The American Institute of Architects. A.I.A. Document No. A-311 February 1970 Edition KNOW ALL MEN BY THESE PRESENTS: That Mid—Kansas Underground, Inc. I Here insert the name and address or legal title of the Contractor) 919 S. Manhattan Ave., Manhattan, Kansas as Principal. hereinafter called Contractor, and UNITED FIRE & CASUALTY COMPANY, a corporation organized under the laws of the State of Iowa. as Surety, hereinafter called Surety, are held and firmly bound unto City of Salina (Here insert the name and address or legal title of the Owner) as Obligee, hereinafter called Owner, in the amount of Two Thousand and no/100-------------------- ------------------------------------------------------------- Dollars (S 2,000.00 ). for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and as- signs jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated entered into a contract with Owner for Utility Cuts in accordance with drawings and specifications prepared by N/A (Here insert full name, title and address) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that. if Contractor shall promptly and faithfully perform said con- tract. then this obligation shall he null and void: otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to he in default under the Contract, the Owner having performed Owner's obligations there- under, the Surety may promptly remedy the default. or shall promptly tract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) suffi- cient funds to pay the cost of completion less the balance of the contract price: but not exceeding. including other costs and damages for which the Surety may he liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price;' as used in this paragraph. shall mean the total amount payable by Owner to Contractor under the Con- tract and any amendments thereto, less the amount properly paid by Owner to Contractor. 1) Complete the Contract in accordance with its terms and conditions, Any suit under this bond must be instituted before the expiration of or two (2) years from the date on which final payment under the contract falls a..e 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder. arrange for a con - Signed and sealed this 9th In the presence of: I W itness) No right of action shall accrue on this bond to or for the use of any per- son or corporation other than the Owner named herein or the heirs, execu- tors, administrators or successors of Owner. day of November A.D. 19 87 y. MID—KANSAS UNDERGROUND, INC. {Beall I Principal) (Title) U )TED FIRE & CASUALTY COMPANY (Seal) �e Katherina J. Breda rney-in-tac UND-2090b (4-71) UNITED FIRE & CASUALTY COMPANY HOME OFFICE — CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company — See Certification) KNOW ALL MEN SY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, con- stitute and appoint Stanley G. Wilkerson, or Howard C. Evans, Jr., or Donald D. Westcott, or Velma M. Pollock, or Katherine J. Bredahl, or Robert P. Emerick, All Individually Of Topeka, Kansas - its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all law- ful bonds, undertakings and other obligatory instruments of similar nature as follows: --Any and All Bonds -- and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted shall expire January 26, 19 89 unless sooner revoked. This power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company on April 18, 1973. "Article V — Surety Bonds and Undertakings." Section Z, Appointment of Attorney -in -Fact. "The President lir any Vice President, or any other officer of the Company. may, from time to time, appoint by written certificates attorneys-in•fset to act In behalf of the Company In the execution of policies of insurance, bonds. undertakings and other obligatory instruments of like nature. The signature of any officer autho• rased hereby. and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attotneyor era, tification of either authorised hereby: such signature and seal, when an used, being adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. Such attor„eyt-indaci, subject to the limitations set forth In their respective certificates of authority shall have full power to bind the Company by their signature and execution of my such instruments and to attach the east of the Company thereto. The President or any Vice President, the Board of Directors or my other officer of the Com- pany may at any time revoke all power and authority previously given to any attorney-in-fact. , OAPORM E';T �\ SEAL IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this 26th day of January A.D. 19 87 State of Iowa, County of Linn, ss: UNITED RE & CASUALTY COMPAN BY ice PresideD On this 26th day of January 1987 , before me personally came Richard J. Ehlinger to me known, who being by me duly sworn, did depose and say: that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instru- ment; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. LDISM SCNUCHMANN MYIw NItSSION989IRES Notary Public MycoTmissionexpiresAugust 10, 19 89 CERTIFICATION I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the fore. going copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set fort.% in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. plyaSU '• s �41r,,In testimony whereof 1 have hereunto subscribed my name and affixed the corporate seal of the said 9oi E9AP0AAIE� Company this day of 19 i SEAL !V ;.._... UND 2098b (1-87) y% , U Secretary