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Performance & Payment Bond54 v Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 Performance Bond KNOW ALL MEN BY THESE PRESENTS: That -------------- ---------------Frank _Keenan --&--Son# Inc- --------------------------------------------- (Here insert the name and address or legal title of the Contractor) - 2�6 N= E. 60th_-Street,-MTamI, Florida 33-�-�. --------- ------------------------------ as Principal, hereinafter called Contractor, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, with its home office in the City of Baltimore, Maryland, U. S. A., as Surety, hereinafter called Surety, are held and firmly bound unto__Board__-of--- Cou11_ty__CommISsloners_of___-_-- Aonroe-.-County-, --- F-1-otl-d,a...... ----------------------------------------------------------- ---------------------- (Here insert the name and address or legal title of the Owner) as Obligee, hereinafter called Owner, in the amount of -------- S.exe-nteen--- Thousand_,---N-i-ne_Hundred--- F-Ifty_EI-ght---and__ ---ors—rr r—r--rrr rr rrrr rr—rrr r r r r rr r..r -----r—r srrrr rr—r r r r�r r r.�rrr.=rr—rrrrr— --- Dollars (S_17r5544-----------------------------), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated ---- --------- August---23.rd--------- --- ---------------- 19--- ZI-, entered into a contract with Owner for --- approx-Ima-tely--8200--- I._Inea_r__Feet-__of-_b_[cycle--- path --------- on__B-I_g-- P I ne__Key _ I-n_ Monroe County_,_ Florida ------------------------------------------------------------------------ --------------------------------------------------------------------- ---- ------------------------------------------------------------------------------------ -------- in accordance with drawings and specifications prepared by ------ _.-------------------------------------------- --------- -------------- .----_- --------- ------------------------------- - (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 contract, then this obligation shall be 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 be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the Contract in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and condi- tions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and Surety jointly of the lowest responsible bidder, arrange for a contract 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) sufficient 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 be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this para- graph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. Signed and sealed this ------------------2nd day of September A.D. 19-_77_ In the presence of: Frank Keenan S Inc. (SEAL) Principa - --Y arenc J , Title President FIDELITY AND DEPO C/O ANY OF MARYLAND Power of Attorney Attached / r By ----------------- (SEAL) Aitof&e �� n Al is ° Ii,ll itle q 1 :6 WU 8- 83S 1161 C309e- J 8 0 J, b Approved by The American Institute of Architects, A.I.A. Document No. A-311 February 1970 Edition. Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 Payment Bond KNOW ALL MEN BY THESE PRESENTS: That._.........................................Frank Keevan & Son„ Inc. -- - - - --------------------------------------------tl------------------ ------------------------------------------------------------ (Here insert the name and address or legal tieof the Contractor) ----------------------------------------------------a_6._N_*---F-v-----6Qth... ------------------------------ as Principal, hereinafter called Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, with its home office in the City of Baltimore, Maryland, U.S.A., as Surety, here- inafter called Surety, are held and firmly bound unto-.34,Far-d..Qf--JC-9 mty---C V-f ---------------- .......... ift rcie---County-t--F_IQr-Ida------------------------------------------------------------------------------------------------------------------------------ (Here insert the name and address or legal title of the Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of ...... Seventeen_ Thousand, _N t ne Hundred Fifty E i ght and no/100 ------------- (Here Insert a sum in at least the amount of original contract price) Dollars ---------), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated ------------- Auqust__23rd________ _______________-______19--- 7%, entered into a contract with Owner for ...._ app-rmlmatel�C__-82QQ__llimax..Fiat_.of.__12I_cy[c le--.pat.h...... ... on--B-1-9--- Ine--Key--- In-_ mro-e.-L_ounty-s--F-1-or-Ida---------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------- in accordance with drawings and specifications prepared by. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------- (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 Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as a person supplying the said Principal labor, materials, supplies, or both, used directly or indirectly by said Principal, subcontractor, or sub -subcontractor in the prosecution of the work provided in said Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: (a) Unless claimant, other than one having a direct contract with the Principal, shall have (1) served, not later than forty-five (45) days from commencing to furnish services or materials, upon the Owner written notice setting forth the claimant's name and address and a description of the nature of the services or materials so furnished, in the manner prescribed by Sections 713.23, 713.06(2) and 713.13 of the Mechanics' Lien Law, Florida Statutes, unless such claimant is a laborer; and (2) delivered, within ninety (90) days after performance of the labor or after complete delivery of materials or supplies, to the Principal written notice of such performance or delivery and the non-payment therefor, stating with substantial accuracy the amount claimed and the name of the party for whom the work or labor was performed, or to whom the materials or supplies were furnished. (b) After the expiration of one (1) year from the performance of the labor or completion of delivery of the materials or supplies. 4. The amount of this Bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this Bond. 5. The Surety shall not be entitled to the defense of pro tanto discharge as against any claimant because of changes or modifications in the said Contract to which the Surety is not a party, provided that the liability of the Surety shall not be increased beyond the penal sum of this Bond. Signed and sealed this--------------------- 2nd-------------------------------day of ------------------- Septemlmr A.D. 19.. 7- In the presence of: Frank Keevan &E- S° l nG. (SEAL) ----------- Principal ---- ---------- ------- - ---- aran J any le President FIDELITY AND DEPOS COMPANY OF MARYLAND Paver of Attorney Attached -------------------------------------------------------------------- By-_-1.� ' //� (SEAL)A. E , W a 11 Tilk C7129 (FL)—lM, 12-75 199753 Attorney -in -Fact Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: BALTIMORE, MD. KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by C. M. PECOT, JR. , Vice -President, and C. W. ROBBINS , .Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Com- pany, which reads as follows: "The President, or any one of the Executive Vice -Presidents, or any one of the additional Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Sec- retary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents, Resident Assistant Secretaries and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and docu- ments which the business of the Company may require, and to affix the seal of the Company thereto." does hereby nominate, constitute and appoint A. E. Wall of Miami, Florida ........... 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, each in a penalty not to exceed the sum of FIVE HUNDRED THOUSAND DOLLARS ($5009000).............-- execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, 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 Company at its office in Baltimore, Md., in their own proper persons. This power of att(:�rney revokes that issued on behalf of A. E. Wall, dated, March 30, 1965. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this ------------- -- --------------------------------day of ---------------------- Apra.l--------------------------, A.D. 19--- 76--- PI FIDELITY AND DEPOSIT COMPANY OF MARYLAND DEPDS��4 ATTEST: 0 5C11L is � B--- --- ---- - - - - Y---------------------------------------•------- ----------------- �� Assistant Secretary Vice -President STATE OF MARYLAND 1` CITY OF BALTIMORE 1 ss: On this 23rd day of April A.D. 19 76 , before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice -President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personallyknown to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Officiall/l Seal, at the City of Baltimore, the day and year first above written. 10`NOTARY9C", A 'r ....., i N' 3�ci �.► i*_ -._-_- - --------------------------------------- -------------------------------- Me".. ueu Notary Public Commission Ex ires.-J 1_ 1 8 CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY of MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents spe- cially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held On the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this - ------------------------ 2nd....................... day of -------------------- Sgpi! mber---•-•-------- 19.....77