Performance & Payment BondFidelity and Deposit Company
HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203
Performanee Bond
KNOW ALL MEN BY THESE PRESENTS:
That-.. Frank Keevan & son„ Inc.
(Here insert the name and address or legal title of the Contractor)
--------------- ----------------- �96--- N-.E,--- 6Qth_-S-treat-,. X-1-am1-s--- F1or1da--- 331-37-------------------------------------------------------
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 County-_ CoJgRtl S_S j one_rs of_______
ftnroe-- County,---F1orI da------------------------------------------------ ----
(Here insert the name and address or legal title of the Owner)
as Obligee, hereinafter called Owner,
in the amount of--._Qne--Nundyed.-E.le-ven-_Thousand.__Three--- undred__ Two_--and--no/100
----------------------
Dollars (S-11-10P9_.00_-------------------------- ), 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 ...... October l8th___.__--____-�___-___ _:1,9__
entered into a contract with Owner for --- 4kf,8_$Q--- lrtear--Feet --- f __6lcycle--- Path_on ni-ght Key
Hog-_Keys--Vaca--- ey_,__and_Fat Deer Key, In_ Monroe County, Florida �'
------ ----------- ------
__________________.-_.--__._....-__...___..._-__.-.__-_---._-_---_-_--_---__--__---__-_---.--_---_----_--_-_--.___-----_----------_---------__ _ C7)_
in accordance with drawings and specifications prepared by-. ------ -------------------------------------------------------------- -
--------------------------------------------------- ------ -- ----- - - -- ------------------------------------- _ ---- -------
(Here insert full name, title and address) J'"` 1
which contract is by reference made a part hereof, and is hereinafter referred to as the Con a ;; y
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that2,1f CortVactor-
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 --------- 9th--------------------- ------------ -------.day of ......... November --------------------- A.D. 19.77--
In the presence of:
Frank -_Keenan__ - '--o - - ---nc. _ (SEAL)
/ Principal
7
------------------ .-------- --- ----- --------------------------- - - - -
1are an Title President
FIDELITY AND DE OS PANY OF MARYLAND
Power of Attorney Attached BY //-- ---- �.
{- - (SEAL)---------------------------------------------------------------------- A.E. Wall Title
Attorney -in -Fact
C309e—
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.
- - ---------------- ------------------------------------------------------------------------------------------------------
(Here insert the name and address or legal title of the Contractor)
----------------------------------------- -29 _ S t_ree-ts---MI aml- --- F l oir 1 da--331-37 ---------------------------------------------
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__ BCRkrd _ of - C9unty___ Comfnl s s i one rs.-of ----------------
..Mannoe_-Oaunty--- F l or I_da.--------------------------------------------------------------------------------------------------------------------------------------
(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 ---One Hundred- Eleven Thousand. Three Hundred Tinto and no/100---------���---
---------------------------------------------------------------
(Here insert a sum in at least the amount of original contract price)
Dollars ($_l l --------), 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....__._. October 18th!..............................
entered into a contract with Owner for___ __�k. $$A__-U ne ar__Fee-t-_Qf___BVia_- -atI1 _oR_-Knight__ Key s.
--HD-S--Key-r--u,aca--KaY--a.nd_Fat__D-et--- Kay-*-- ----------------------------------------
------------------------------------------------------------------------------------------------------------- ----------------
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 _-__-____--____-9th
In the presence of:
day of November--------------------A.D. 19----77
1 nc. _--(SEAL)
Principal
LZfi�=----------------------- - -
- Ta re nc -- J-- - n, Title-------P re sT de ri t
FIDELITY AND DEPOSI COMPANY OF MARYLAND
Poster of Attorney- Ac---------•----- By- -e--------------------(S�)
- -- - - ttahed--a��_4
A . E . Wall Title
C7129 (FL)—SM, 12-75 199753 Attorney -In -Fact
Frank
1
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 ($500,000).... ..
n t e 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 attorney 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
--------------_23r-d-------------------------------- day of --------- ------------April--------------------------, A.D. 19--- 76---
h. -v a
.A" 0EPps��S FIDELITY AND DEPOSIT COMPANY OF MARYLAND
ATTEST:
4o dE is 04,4,4
w. a M� ♦Q `� • \ B t
"�";:•.`v`�� --- ---- --------------------- ------------------------------------ y-- -------------------------- ------------------
Assistant Secretary Vice -President
STATE OF MARYLAND } ss:
CITY OF BALTIMORE J
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 Official Seal, at the City of Baltimore, the day and year
first above written. •• •� „ _
OTA .q M 2
g:
9:.° Notary Public Commission Expires. Y 1.97Pusuc.-a
CERTIFICATE
1, 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
------------------------ 9.0----•------_---------day of -------------------- HQVAMber.................. 19_.77---
L1419—Ctf. 202652
------------ ----------------------- ------ --------------------- ---Assis---'----- ---------
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ts t Secetay