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Performance Bond CNA 6/2/2008 9:26 AM PAGE 2/005 Fax Server ~y ~~ Western Surety Company PERFORMANCE BOND Bond Number: 70521043 KNOW ALL PERSONS BY THESE PRESENTS, That we The Aiedan Group. Inc. of 13015 S. W. 89 Pi., Ste. 165, Miami, FL 33176 , hereinafter referred to as the Principal, and Western Surety Company as Surety, are held and firmly round unto Monroe County Board of County Corranissioners of 1100 Simonton Street. Kev West, FL 33040 , hereinafter Two Hundred Two Thousand Four Hundred Fifty-Nine and referred to as the Obligee, In the sum of 00/100 Dollars ($ 202.459.00 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Pnncipal has entered into a contract with Obligee, dated the day of , for Rp.tu'lhi 1 ; T;l;It' ; on nf R~Y!l'lnnrp. M::lnor NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Prtncipal's failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect. ANY PROCEEDING, legal 01 equitable, under this Bond may be instituted in arry court of competent jurisdiction In the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs ~rst 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 jurtsdiction of the suit shall be applicable. NO RIGHT OF ACTION shall accrue on this Bond to or for the use of arry person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors ofthe Obligee, SIGNED, SEALED AND DATED this 2nd day of June 2008 \\\.~~lcJt~ o By Inc. v.I'. (Seal) Western Surety Comoanv ,-' (Surely) ~~. (Seal) a r r . Bobb Attorney-in-Fact By Fgrm F4597 PAGE 215 ~ RCVD AT 61212008 10:26:47 AM [Eastern Daytlght Time]. SVR:IIIAP07f1 . ONIS:1 . CSID:CNA. DURATION (mm-ss):01-58 CNA 6/2/2008 9:26 AM PAGE 3/005 Fax Server ~y Western Surety Company PAYMENT BOND Bond Number: 70521043 KNOW ALL PERSONS BY THESE PRESENTS, That we The Aledan Grouo. Inc, of 13015 S. W. 89 Pl., Ste. 165, Miami, FL 33176 , hereinafter referred to as the Principal, and Western Sure tv Company as Surety, are held and firmtybound unto Monroe County Board of County Commissioners of 1100 Simonton Street. Key West, FL 33040 . hereinafter Two Hundred Two Thousand Four Hundred Fifty-Nine and referred to as the Obligee, in the sum of 00 / 1 0 0 Dollars ($ 202,459.00 ), for the payment of which we bind ourselVes, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated day of ,for Rehabilitation of Bavshore Manor copy of which contract is by reference made a part hereof. NOW, THEREFORE, if Principal shall, in accordance w~h applicable Statutes, promptly maKe payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and ali duly authorized modifications of said contract that may herealler be made, notice of which modifications to Surety being waived, then this obligation to be void; otherwise to remain in fuli force and effect No su~ or action shali be commenced hereunder (a) Aller the expiration of one (1) year following the date on which Principal ceased work on said contract ~ being understood, however, that if any lim~ation embodied In this bond Is prohibited by any law ccntrolling the ccnstruction hereof such limitation shall be deemed to be amended so as to be equal to the min',mum period of limitation permitted by such law. (b) other than in a state court of competent jurisdiction in and for the county or other political subdMslon of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere, The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. SIGNED, SEALED AND DATED this 2nd day of June 2008 By (Seal) By (Seal) Attorney-in-Fact PAGE 315" RCVD AT 6/212008 10:26:47 AM [Eastern Daylight Time]" SVR:IIIAPD711 " ONIS:1 "CSID:CNA" DURATION (mm-SS):01-58 CNA 6/2/2008 9:26 AM PAGE 4/005 Fax Server STATE OF COUNTY OF Ohio Franklin ACKNOWLEDGMENT OF SUDETY } (Attorney-in-Fact) " Bond No. 70521043 On this 2nd day af June 2008 I before me, a notary public in and for said CoWlty, personally appeared LA r ry r.. H......hn to me personally lmownand being by me duly sworn, did say, that he i_the Attornoy.in.FactofWESTERN SURETY COMPANY, a oorporation of Sioux Falls, South Dakota, created, organized and exi!Jting under and by virtue of the laws of the State of South Dakota, that the said instrument WRB executed on behalf of the said corporation by authority of its Board of Directors and that the said T.;=.trrv C Bobb acknowledges said instrument to be the free act and deed of said corporation and that lre has authority to sign said wstrument without affixing the corporate seal of said corporation. IN" WITNESS WHEREOF, I have hereunto mbsoribed my name and aflixed my official seal at Columbus Ohio. the day and year last above written. M,: COmmiSIli1 expires I-~ ,.?tool? Q~ Notary PubIio Form 1QG.4-2000 AMYR'~QlIr! .,~.!.~,fA1t:..nT4'" PAGE 4/5. RCVD AT 01212008 10:26:47 AM [Eastern Daylight Time). SVR:IIIAP07/1 ~ ONIS:1 ~ CSIO:CNA ~ DURATION (mm-SS):01-58 CNA 6/2/2008 9:26 AM PAGE 1/005 Fax Server Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 70521043 Know All MIm. By 'Thele PreleDt8, that WESTEBN SURETY COMPANY, a corporatiOIl duly OI'lanized mui exiBtiD&: UDder thelaws of the State of South Dalmta, and. havinC itl principal cdIice in SioUJ: F8llI, South Dakota (the "Company"), does by these prelentl make, CQD8titute and appoint Larrv C. Bobb its true and lawful attomey(s)-in-fact, with full power and authority hereby CODferred, to execute, acknGwledge and deliver for and on its behalf.u Surety, bond. for: Principw: The Aledan Group, Inc. Obligee: Monroe County Board of County Commissioners Amount: $500,000.00 awl to biud the CompaD.1" thereby u fully and to the lame ex.tent as if lIwh banda were 1Ii&Ded. by the Senior Vice PreWlent, sealed with the oorporate seal of the CODlpan;y and duly attested by its Secretary, hereby ratifyinl and conf'innWc all that the said attorD.ey(ll)-in-fact may do within the above stated Iimitatiom. Said appointment is made UDder and by authority of the followinl bylaw ofWestem Smitty Company which remains in full force md effect. "Section 1. All bondJ:, policies, undert.akiDaI, Powen of Attorney or other obliJ:atioDl of tbe OOl'POl'aticm. shall be u.ecuted in the corporate name of the Camp8DS' by the President, Secretary, 8IJ,f Anirtant Secretary, Treasurer, or any Vice President or by BUCh other' officers 8B the Board ofDirectlll"l! may authorize. The President, any Vice President, 5ecreta:ry, ,my AaliBtmt Secretary, or the Treasurer may appoint Attorneyl in Fact or aaents who lhall have author.i:ty to U1lue bondi, policiel, or undenaki..np in the name of the Comp,my. The C(lrporaJ;e Ileal is not necessary for the validity of any bondi, policiea, lDIIiertakiIllI, POweI'1l of Attorney or other obJ.i&atiDIlB of the CorporatiOD. The ailPJ.8.ture of any such lJf6.cer and the corporate .eal may be priuted by facaimile." An authority hereby ccmfm:red shall expin and terminate, without DDtice, unless used before midnieht of 2009 , but lDltillUCb. time shall be irrevocable and in full mroe and etfect.. Februarv 28 In WitIl8l!lI Whereof: Weltern Surety CompllIJ.Y hu caused thele prelmtl h be lip.ed by ita Senior V:tee President, Paul T. Bruflat, and its ~ be aIlixocl tbis 2nd dsyof June 200S ~ ~~ttf.('Q' ~ ~V "'OA. ......~'\ f~/~~" """I;. vol ;:iej ""ia :~ }" Onthia 2nd day of June ,intheyear 200B ,be:fureme,anatarypublic,pBrlODallyappeared Paul T. Bruflat, who being to me duly lwam, aclmowledged that he signed the above Power of Attom.@j' u the aforeaaid officer of WESTERN ~,COMP~;J~knOWled.od ,.;d m.t.mn~t to be the voh",t"" act and~d...d of,oid corporation. i_~~ ~U ~= == otary Public - South Dakota \ ........,......................-. My Commission expires NoveniJer 30, 2012 I the UDdarllicued officer of Westem. Surety Cvmpany, a Btock CarporatiOll of the State of South Dakota, dv hereby cert.ify that the attached Pvwer of Attorney is in full force and eft'ect and is irrevooable, awl furthermore, that Section 7 of the bylaw. of the Company as set furlh in thIl Fvwar of Attorney is IWW in foree. SURE COMPANY Paul T. . or Vice President In tefltimony whereat: I have hereunto f1et my hand and f1em oCWestern Surety Comp8DY thifl June 200B 2nd day of COMPANY . or Vice Preaideut Form F63DS-9-2OOe PAGE 115. RCVD AT 61212008 10:26:47 AM (Eastern Daylight Time]. SVR:IIIAP0711 . DNIS:1 . CSID:CNA. DURATION (mm-SS):01-58