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Performance & Payment Bond March 11, 1980 Frank 8. Hall & Co. of Florida 2600 Douglas Road Coral Gables, Florida 33134 MAILING ADDRESS: P.O. BOX 343800 CORAL GABLES, FLORIDA 33134 Mr. Ralph M. White Clerk of the Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 Re: The Brewer Co. of Florida Dear Mr. White: Several weeks ago, we issued a Performance and Payment Bond in the amount of $350,750 for a paving contract at Breezeswept Beach Estates and said bond has been forwarded to your office by The Brewer Co., along with their signed contract. It has come to our attention that we prepared the Performance and Payment Bond on the wrong form, using the form for subcontracts rather than for prime contracts. Enclosed you will find the proper bond for this contract, and ask that you please return the original Performance and Payment Bonds forwarded to you. Should there be any questions at all regarding this matter, please do not hesitate to call, (305) 448-2211. Telephone (305) 448-2211 Telex 51-9157 Cable: HALLFLA LUMBERMENS MUTUAL CASUALTY COMPANY (A Mutual Insurance Company) Home Office: Long Grove, Illinois 60049 PERFORMANCE AND PAYMENT BOND BOND NO. 0 STOOL 683_ KNOW ALL MEN BY THESE PRESENTS, That we, THE BRErvER COMPANY OF FLORIDA, INC. - ---- --- ------ -----....---......--- ----- as Principal and LUMBERMENS MUTUAL CASUALTY COMPANY, as Surety, are bound to NQlVRO~_COT.!NTL_FWF?IDA -- .-- ------------------ ----.-------- , herein called Owner, in the sum of_ T.b.ree_liJ.mdred.J'.ift.l1-Thousand SeveILliundr~_Fi~& no/lOa JnS.QillO. 00) - -_... Dollars for the payment of which we bind ourselves, our personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated____.___J'.!?bruCU'Y..-l2.L 1980 ______________, 19_____ with Owner for -pa'lLi.ng._-_Br..e.ezeswept Beach Estates,____ which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. performs the contract at the times and in the manner prescribed in the contract and 2. promptly makes payments to all persons supplying Principal with labor, materials and supplies, used directly or indirectly by Principal or subcontractors in the prosecution of the work provided for in the contract as prescribed by section 255.05 or section 713.23, Florida Statutes, whichever is applicable to the contract, and 3. pays Owner all loss, damages, costs and attorneys fees that Owner sustains because of default by Principal under the contract and 4. performs the guarantee of all work and materials furnished under the contract applicable to the work and materials, then this bond is void; otherwise it remains in full force. The provisions and limitations of section 255.05 or section 713.23, Florida Statutes, whichever is applicable to the contract, are incorporated in this bond by reference. SIGNED, SEALED and DATED this _ .2 ___day of _ljarc:jJ.________________ __, 19~_Q__ THE.g .COME .ANY. .OEELDr... '. IDA, .IN.c..._ ./ / b~ . ~ ~~/f-.-- BY L___. ..___ .__.. '0 ____ .__ _ LUMBERMENS MUTUAL CASUALTY COMPANY --~ ~/- ~ ~--~L4_-__-------------- rney-i n-F act. WITNESS: FA 848 9-77 2M PRIt--;TfD I'J U.S.A. LUMBERMENS MUTUAL CASUAL TV COMPANY Home Office: Long Grove, IL 60049 POWER OF ATTORNEY K now All Men By These Presents: That the Lumbermens Mutual Casualty Company, a corporation organized and eXisting under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint........... ......... R. Leslie Cizek, Jr.; Sandra K. Cummings; Linda Fast; Kenneth D. Gathings; Marvin R. Haven; G. W. Haynes; Donald A. Kaplan; John K. Pepper; Peter T. Pruitt; of Coral Gables, Florida (EACH)************************************************************************************ its true and lawful agent(s) and allorney(s)-in-fact, to make, execute, seal, and deliver during the period. begin- ning with the date of issuance of this power and ending December 31,1980, unless sooner revoked tor and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings. ...*...*...*...*...*......*............ II. . . InSURanc~ CDmpanl~S EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Lumbermens Mutual Casualty Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Lumbermens Mutual Casualty Company as tully and amply to all intents and purposes, as if the same had heen duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31,1980 This Power of Allorney is executed by authority of a resolution adopted by the Board of Directors of said Lum- bermens Mutual Casualty Company on May 18, 1965 at Chicago, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as being in full force and effect: "VOTED, That the President or any Vice Pre,ldent or SecrelJry or any A"i,lanl Secretary shall hJve power Jnd authority to appoint agenb and allorneys in Idct, dnd to aulhorize them fo execute on behalf of the company, and allach the seal of Ihe company thereto, bonds and undertakings, recognizances, cOlltracls of indemnity and other writings obligatory in the nature thereof, and any such officer of fhe cOlllpany Illay Jppoint agenfs for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following re- solution adopted by the Board of Directors of the company at a meeting duly called and held on the 20th day of May, 1975: "VOTED. lhat the signature of the President. dllY Vice President, Secrl'lary Of Assislanl Secretary, and the Seal of the Com. pany, and the certification by any Secretary or Assistant Secretary, Illay be affixed by facsimile on any power of attorney executed pursuant to resolution adopted by the Board of Directors on May 18, 1965, and any such power so executed, sealed and certified with respect to any bond or Similar undertaking to which if is allached, shall continue to be valid and hlnding upon the Company." In Testimony Whereof, .the Lumbermens Mutual Casualty Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 1st day of March , 19.Z8_. Attested and Certified: LUMBERMENS MUTUAL CASUALTY COMPANY ~. PRINCIPAL: TH.e~' .'~ R COMPAN(fIO FLORI~DA// #' /? OBLIGEE: MONRO ~~ Y, FL W. ~ <-f?..~ ------- BOND AMOUNT: $ 'Ol;' 50. O~y. IV C G. Swan, Secrel,ary BUND NU. U S'l' UUL b8.J C. H. Kasbohlll, Viu' I'If~siuelll ST A TE OF ILLINOIS } ss COUNTY OF McHENRY I, 10 Anne Krein, a Notary Public, do hereby certify that G. H. Kasbohm and C. G. Swan personally known 10 me to be the same persons whose names are respectively as Vice President and Secretary of the Lumbermens Mu- tual Casualty Company, a Corporation of the State of Illinois, subscribed to the foregoing inslrumenl, af1peared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corpora- tion and as their own free and voluntary act for the uses and purposes therein set forth. ~r~2 .... ~ k ~. No,"" ",-I;, U I'KINTHJ IN USA My commission expires: March 21, 1982 FA 836 2-79 1M Power of Attorney-Term CERTlFICA liON I, Sven L. Johanson, Secretary of the Lumbermens Mutual Power of Attorney dated March 1, 1978 Casualty Company, do hereby certify that the attached on behalf of Same as above. ...........~~~..........~ ____m____~___~is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said G. H. Kasbohm and C. C. Swan who executed the Power of Attorney as Vice President and Secretary respectively were on the date of the execution of the at- tached Power of Attorney the duly elected Vice President and Secretary of the Lumbermens Mutual Casualty Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name_ ~t)..d affixedd the corpora!$; ~al of the Lumber- mens Mutual Casualty Company on this ~ day of :ILl ~~ , 19_~_Q__. -J ~~5W""" This Power of A1'torney limits the acts of those named therein to the bonds and undertakings specifically named therein, and the\! have no authority to bind the Company except in the manner and to the extent herein stated.