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01/12/1982 ContractC O N T R A C T THIS AGREEMENT, made and entered into this 12th day of January , 19 8� A.D., by and between Monroe County, Florida, party of the first part (hereinafter sometimes called the "Owner"), and REMAND CONSTRUCTION CO., INC. , party of the second part (hereinafter sometimes called the "Contractor"). WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE 1 SCOPE OF THE WORK The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, and transportation and perform all of the work shown on the Drawings and described in the Specification entitled: CARD SOUND ROAD REPAIRS MONROE COUNTY, FLORIDA as prepared by Post, Buckley, Schuh & Jernigan, Inc., acting as, and in the Contract Documents entitled the Owner's Engineer, and shall do everything re- quired by this Contract and the other Contract Documents. ARTICLE 2 THE CONTRACT SUM The Owner shall pay to the Contractor for the faithful performance of the Contract, in lawful money of the United States, and subject to addition and deductions as provided in the Contract Documents, as follows: Based upon the price shown in the Proposal heretofore submitted to the Owner by the Contractor, a copy of said Proposal being a part of these Con- tract Documents, the aggregate amount of this Contract is the sum of Forty-five Thousand Eight Hundred Fifth --eight & OOLlOpDollars [ $ Lam-, 858.00 ) . ARTICLE 3 COMMENCEMENT AND COMPLETION OF WORK a. The Contractor shall commence work within 10 calendar days after receipt of Notice to Proceed. b. The Contractor shall prosecute the wor__-with faithfulness and diligence and shall complete the work not later tha 90 calendar days after receipt of Notice to Proceed. ARTICLE 4 CONTRACTOR'S ACCEPTANCE OF CONDITIONS The Contractor hereby agrees that he has carefully examined the surface of the site and has made sufficient test holes, or other subsurface investiga- tions to fully satisfy himself that such site is a correct and suitable one for this work and he assumes full responsibility therefor. The provisions of this Contract shall control any inconsistent provisions contained in the spec- IE-1 000-021.50 ifications. All Drawings and Specifications have been read and carefully con- sidered by the Contractor, who understands the same and agrees to their suffi- ciency for the work to be done. It is expressly agreed that under no circum- stances, conditions or situations shall this Contract be more strongly construed against the Owner than against the Contractor and his Surety. Any ambiguity or uncertainty in the Drawings or Specifications shall be interpreted and construed by the Owner's Engineer and his decision shall be final and binding upon all parties. It is distinctly understood and agreed that the passing, approval and/or acceptance of any part of the work or material by the Owner, his Engineer, or by any agent or representative as in compliance with the terms of this Con- tract and/or of the Drawings, and Specifications covering said work, shall not operate as a waiver by the Owner of strict compliance with the terms of this Contract, and/or the Drawings and Specifications covering said work; and the Owner may require the Contractor and/or his surety to repair, replace, restore and/or make to comply strictly and in all things with this Contract and the Drawings and Specifications any and all of said work and/or materials which within a period of one year from and after the date of the passing, approval, and/or acceptance of any such work or material, are found to be defective or to fail in any way to comply with this Contract or with the Drawings and Spec- ifications. This provision shall not apply to materials or equipment normally expected to deteriorate or wear out and become subject to normal repair and replacement before their condition is discovered. The Contractor shall not be required to do normal maintenance work under the guarantee provisions. Fail- ure on the part of the Contractor and/or his Surety, immediately after Notice to either, to repair or replace any such defective materials and workmanship shall entitle the Owner, if it sees fit, to replace or repair the same and re- cover the reasonable cost of such replacement and/or repair from the Contrac- tor and/or his surety, who shall in any event be jointly and severally liable to the Owner for all damage, loss and expense caused to the Owner by reason of the Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the Drawings and Specifications. ARTICLE 5 LIQUIDATED DAMAGES a. It is mutually agreed that time is of the essence of this Con- tract and should the Contractor fail to complete the work within the specified time, or any authorized extension thereof, there shall be deducted from the compensation otherwise to be paid to the Contractor, and the Owner will retain the amount of One Hundred Dollars [$100.00] per calendar day as fixed, agreed, and liquidated damages for each calendar day elapsing beyond the specified time for completion or any authorized extension thereof, which sum shall represent the actual damages which the Owner will have sustained by failure of the Contractor to complete the work within the specified time; it being further agreed that said sum is not a penalty, but is the stipulated amount of damages sustained by the Owner in the event of such default by the Contractor. b. For the purposes of this Article, the day of final acceptance of the work shall be considered a day of delay, and the scheduled day of com- pletion of the work shall be considered a day scheduled for production. IE-2 000-021.50 N ARTICLE 6 PARTIAL AND FINAL PAYMENTS In accordance with the provisions fully set forth in the General Condi- tions, and subject to additions and deductions as provided, the Owner shall pay the Contractor as follows: a. Within 30 days after receipt of the Contractor's request for partial payment by the Owner, the Owner shall make partial payments to the Contractor, on the basis of the estimate of work as approved by the Owner's Engineer, for work performed during the preceding calendar month, less ten percent [10%] of the amount of such estimate which is to be retained by the Owner until all work has been performed strictly in accordance with this Agreement and until such work has been accepted by the Owner. b. Upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, and also, after all guarantees that may be required in the specifica- tions have been furnished and are found acceptable by the Owner, final payment on account of this Agreement shall be made within sixty [601 days after com- pletion by the Contractor of all work covered by this Agreement and acceptance of such work by the Owner. ARTICLE 7 ADDITIONAL BOND It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Contract Bond hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such bond to be unsatisfactory, or if, for any reason, such bond ceases to he adequate to cover the performance of the Work, the Contractor shall, at his expense, and within three days after the receipt of Notice from the Owner to do so, furnish an additional bond or bonds, in such form and amount, and with such sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner. ARTICLE 8 CONTRACT DOCUMENTS The Contract Docinnents, as stated in the Instructions to Bidders and at- tached hereto, are as fully a part of this Contract as if herein repeated. An enumeration of the Drawings accompanying these Contract Documents follows: Sheet No. Title 1 Cover Sheet 2 Site Plan 3 Details IE-3 000-021.50 IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first above written in three (3) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original Contract.` Approved as to correctness of form: Attorney for Monroe County, to ida Signed, Sealed and Witnessed in the presence�4 of: Board of County Commissioners Monroe County, Flor-i.da.. Party the First art By: Chairman Attest: (SeaI Clerk of the Board of County Commissioners REDLAND_CONSTRUCTION CO,, INC. Party, of the Aecond Part ORWAY9119902 IPA, =6 P'N'm Title Attest: M N In the event that the Contractor is a Corporation, there shall be attached to each counterpart a certified copy of a resolution of the Board of Directors of the Corporation, authorizing the officer who signs the Contract to do so in its behalf. [^-'] Two witnesses are required when Contractor is sole ownership or partner- ship. IE-4 000-021.50 CER_TIF I C A T E (Sample) STATE OF FLORIDA ) COUNTY OF D (} D Q ) s s I HEREBY CERTIFY that a meeting of the Board of Directors of ��� C����.;.•i.. ., a corporation under the laws of the State of FlfiuQ held on Zqn. l d , 19 g Lfhe following resolution was duly passed and adopted: "RESOLVED, that _��©. -si A I/ , as C 0 _ President of the corporation, be and he is hereby authorized to execute the Contract dated Sa A 11 19 81y— between MONROE COUNTY, FLORIDA, and this corporation, and that his execution thereof, attested by the Secretary of the corporation and with corporate seal affixed, shall be the official act and deed of this corporation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixedthe official seal of the corporation this*4 s day of V 6. 906601`GG x- Secretary - END CONTRACT - IE-5 000-021.50 PAYMENT BOND STATE OF FLORIDA ) COUNTY OF ) ss KNOW ALL MEN BY THESE PRESENTS that REDLAND CONSTRUCTION COMPANY INC. tor, and as Principal, hereinafter called Contrac- LUMBERMENS MUTUAL CASUALTY CO. as Surety, hereinafter called Surety, are held and firmly bound unto Monroe County, Florida, as Obligee, hereinafter called Owner, in the amount of 17?%iQry i'/AIF 71_9"10ti Z) Dollars [$ y_,:is2� 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 19_, entered into a Contract with Owner for: CARD SOUND ROAD REPAIRS MONROE COUNTY, FLORIDA in accordance with Drawings and Specifications prepared by Post, Buckley, Schuh & Jernigan, Inc., which Contract is by reference made a part hereof and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the Principal shall promptly make payments to all claimants, as hereinbelow defined, then this obligation shall be void; otherwise, this Bond shall remain in full force and effect, subject to the following terms and conditions: 1. A claimant is defined as any person supplying the Principal with labor, material and supplies, used directly or indirectly by the said Princi- pal of any subcontractor in the prosecution of the work provided for in said Contract, and is further defined in Chapter 255.05(1) of the Florida Statutes. 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 per- formance of the labor or after complete delivery of materials and supplies 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. IF-5 000-021.50 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 within forty-five (45) days after begin- ning to furnish labor, materials or supplies for the prosecu- tion of the work, furnish the Principal with a notice that he intends to look to this bond for protection. b. Unless claimant, other than one having a direct contract with the Principal, shall within ninety (90) days after such claim- ant's performance of the labor or complete delivery of mate- rials and supplies, deliver to the Principal written notice of the performance of such labor or delivery of such material and supplies and the nonpayment therefor. C. After the expiration of one (1) year from the performance of the labor or completion of delivery of the materials and sup- plies; it being understood, however, that if any limitation em- bodied in this Bond is prohibited by any law controlling the construction hereof such limitations shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. d. Other than in a state court of competent jurisdiction in and for the county or other political subdivision 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 pro- ject, or any part thereof, is situated, and not elsewhere. 4. The Principal and the Surety jointly and severally, shall repay the Owner any sum which the Owner may be compelled to pay because of any lien for labor or materials furnished for any work included in or provided by said Con- tract. 5. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration of or addition to the terms of the Con- tract or to the work to be performed thereunder or the Specifications applic- able thereto shall in any wise affect its obligations on this Bond, and the Surety hereby waives notice of any such change, extension of time, alterations of or addition to the terms of the Contract, or to the work or to the Specifi- cations. 6. The Surety represents and warrants to the Owner th t they have a Best's Key Rating Guide General Polich%lder's rating of and Financial Category of "Class ------ �� — r IF-6 000-021.50 RI DI.1, POP pzRT0NIAt1C•1: A I'AYTII:NT D0111, tV9L1r WQRx - STATE or rL0RIhA ACRES II.NT made this day of —T _ 19 between _ REDLAND LONSIRUC(IUN CUMPANY� INC. (berliaafter called the •PRINCIPAL') and IUMB RMFNS-UUU (hereinafter called the 'SURM*) and�UkrTY L. (bersinafter called the 'otiNEA•) MCMAdi, on JAN 2 ( 1982 doy of 1f the parties hereto ontero into 0 or ounce and-yayment on , a copy whereof is wareto attached and incorporated herein by rofsrence, and WHEALAS, said parties have agreed to add certain torna to said SerforpAnce and payment bond to conform with Florida Statutes 235.O5, Mar, TNbREYORE, it is agreed that the said Porloruance and Pays�ent sand is hereby changed so as to provide that, No suit or action for labor, catoriala or supplies shall be instituted hereunder against the Principal or the Ouroty unless both of the follovi,,g notices hgve been given by any claimant, 'A claimant, except a laborer, who is not in privity with the Principal and who has not roeaived payment for his labor, materials or supplies shall, with OS days after beginning to �furn leh labor, materials or supplies for the prosecution of the work, furnish the Principal with a notice that he intends to look to the bond for protection, and A claimant who Is not in privity with the Principal and who has not -received payment for his labor, materials or supplies, ahall within 90 days After performance of the labor or after complete delivery of materials or supplies, deliver to the Principal and to tht Surety written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. qo action shall be instituted against the Principal or the surety On the bond after one (1) year from the porformanc• of the labor or completion of delivary of the material or supplita.' It is the express agreement that all other terms, conditions and stipulations contained in the said Performance and Payment 8und shall restain in full force and effect and Without any change or mootfications Whatsoever, except only as to the additions, as above provid(.l. REDLAND CONSTt',U,CTION COMPANY, If rincipal) ®1' LUMBERMENS _ TJ�I'_ U-.; SALTY W,— _(sur,t�) Attorney �c Acceptod, ILQi&- ny J `+ LUMBERMENS MUTUAL CASUALTY COMPANY Home Office: Long Grove, IL 60049 GROUP POWER OF ATTORNEY Know 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 attorney(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, 1982,. unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings.********* 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 fully and amply to all intents and purposes, as if the sane had been 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, 1982 This Power of Attorney 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 accu. ate 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 President or Secretary or any Assistant Secretary shall have power and authority to appoint agents and attorneys in fact, and to authorize them to execute on behalf of the company, and attach the seal of the company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such officer of the company may appoint agents 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, That the signature of the President, any Vice President, Secretary or Assistant Secretary, and the Seal of the Com- pany, and the certification by any Secretary or Assistant Secretary, may 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 it is attached, shall continue to be valid and binding 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 15th day of_ October _ 19 80 Attested and Certified: LUMBERMENS MUTUAL CASUALTY COMPANY .,9)cAbl" 1� By R.H. Johnson, Secretary G. H. Kasbohm, Vice President STATE OF ILLINOISI,, COUNTY OF LAKE I, Martha E. Anderson, a Notary Public, do hereby certify that G. H. Kasbohm and R. H. Johnson personally known to 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 instrument, appeared 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 u c s and purposes therein set forth. e1 { Ih4F'✓ •- My commission expires: February 16, 1984 Martha E. Anderson, Notary Publi( rnn{n.i 'au ins PRINTED IN U.S.A. CERTIFICATION I, Sven L. Johanson, Secretary of the Lumbermens Mutual Casualty Company, do hereby certify that the attached Power of Attorney dated October 15, 1980_ —_on behalf of __ Same as above.************* 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 R.H. Johnson 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 and affixed I� Q orate seal of the Lumber- mens Mutual Casualty Company on this day of _ AN 2 '// i�}i19 . ssnel� / This Power of Attorney limits the acts of those named therein to the bonds and therein, and they have no authority to bind the Company except in the manner Sven L. Johanson, Secretary undertakings specifically named and to the extent herein stated. A IN WITNESS WHEREOF, the above bounded parties executed this instrument under their several seals, this day of _''� tN 2 7 19R2 19_, A.D. , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. WITNESS: (If Sole Ownership or Partnership, two [2] Witnesses required). WITNESSES: I WITNESS: (If Corporation, Secretary Only will att t �nd affix seal). PRINCIPAL: REMAND CO ST TION COMPANY, [ 1 [.Affix Signat a of Authorized fficer [Seal. V : C. Title 02 3 77 4 9 S eJ I b 7 dr-� Business Address 4.4114 City State SURETY: LUMBERMENS MUTUAL CASUALTY CO. Corporate Suret ems- [Affix orney-i ct [Seal Busine s Address STATE OF FLORIDA PUBLIC ty State WORKS RIDER AMCIU Name of Local Insurance Agency FY:1 iVdi 13. HALL & Co. of FLORI)"�- 2600 DOUGLAS ROAD CORAL GABLE,`, FLA. 331- CORAL. HLA. 3313[l IF-7 000-021.50 A CERTIFICATES AS TO CORPORATE PRINCIPAL I ,Ar �. T��� �� i� certify that I am the Secretary of the Corporation named as Principal in the within bond; tha(O—, V • tm vp)'Z-- who signed the said bond on behalf of the Principal, was then : c' P- es-;1� of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. a"WA_'_Z_Ct1_�orp1orate Secretary Seal STATE OF FLORIDA jss COUNTY OF Before me, a Notary Public, duly commissioned, qualified and acting, per- sonally appeared JOHN K.PEPPER to me well known, who being by me first duly sworn upon oath, says that he is the Attorney -in -Fact, for the LUMBERMENS MUTUAL CASUALTY and that he has been authorized by POWER OF A]IORNE.y-11TTAnLrn to execute the foregoing bond on behalf of the Contractor named therein in favor of Monroe County, Florida. Subscribed and sworn to before me this day of •sic" 19 , A.D. [Attach Power of Attorney to �(�v Original Bid Bond and Financial o ar Public Statement from Surety Company) State of Florida -at -Large My Commission Expires: iiCTtik; - END PAYMENT BOND AT LARGE 26 I985 IF-8 000-021.50 PERFORMANCE BOND STATE OF FLORIDA ) COUNTY OF ) ss KNOW ALL MEN BY THESE PRESENTS that REDLAND CONSTRUCTION COMPANY,, INC, as Principal, hereinafter called Contrac- tor, and LUMBERMENS MUTUAL CASUALTY CO -as Surety, hereinafter called Surety, are held and firmly bound unto Monroe County, Florida, as Obligee, hereinafter called Owner, in the amount of MA1'),f r--,vE 77rVvS9.l4> 04_ s_ l ~14w6t:0 'TX odiiGW_ ey Dollars [$ 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 19_, entered into a Contract with Owner for: CARD SOUND ROAD REPAIRS MONROE COUNTY, FLORIDA in accordance with Drawings and Specifications prepared by Post, Buckley, ' Schuh & Jernigan, Inc., which Contract is by reference made a part hereof and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the Principal shall in all respects promptly and faithfully perform and comply with the terms and conditions of said Contract and his obligations thereunder and shall indemify the Owner and the Consulting Engineer and save either or all of them harmless against and from all costs, expenses and damages arising from the performance of said Contract or the repair of any work thereunder, then this obligation shall be void; otherwise, this Bond shall remain in full force and effect, in accordance with the following terms and conditions: 1. The Principal and Surety jointly and severally agree to pay the Owner any difference between the sum to which the said Principal would be en- titled on the completion of the Contract, and that sum which the Owner may be ob,l.iged to pay for the completion of said work by Contract or otherwise, and any damages, direct or indirect or consequential, which the said Owner may sustain on account of such work, or on account of the failure of said Contrac- tor to properly and in all things, keep and execute all of the provisions of said Contract. 2. And this Bond shall remain in full force and effect for a period of one [11 year from the date of acceptance of the project by the Owner and shall IF-1 000-021.50 LUMBERMENS MUTUAL CASUALTY COMPANY r-1 Home Office: Long Grove, IL 60049 GROUP POWER Of ATTORNEY Know 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. Cumudngs; 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 attorney(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, 1982,. unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings.********* 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 fully and amply to all intents and purposes, as if the sane had been 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, 1982 This Power of Attorney 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 accu, ate 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 President or Secretary or any Assistant Secretary shall have power and authority to appoint agents and attorneys in fact, and to authorize them to execute on behalf of the company, and attach the seal of the company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such officer of the company may appoint agents 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, That the signature of the President, any Vice President, Secretary or Assistant Secretary, and the Seal of the Com- pany, and the certification by any Secretary or Assistant Secretary, may be affixed by facsimile on any power of attorney executed pursuant to resolution adopted by the Board of Directors on 10ay 18, 1965, and any such power so executed, sealed and certified with respect to any bond or similar undertaking to which it is attached, shall continue to be valid and binding 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 15th day of_ October 19 80 Attested and Certified: LUMBERMENS MUTUAL CASUALTY COMPANN !' B R.H. Johnson, Secretary G. H. Kasbohm, Vice President STATE OF ILLINOISlss COUNTY OF LAKE 1J I, Martha E. Anderson, a Notary Public, do hereby certify that G. H. Kasbohm and R. H. Johnson personally known to 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 instrument, appeared 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 u c� and purposes therein set forth. My commission expires: February 16, 1984`"°- Martha E. Anderson, Notary Public rnxaF-i .-au inn PRINTED IN U.S.A. Po.a•r of .W�rtiu•y lv�n, CERTIFICATION I, Sven L. Johanson, Secretary of the Lumbermens Mutual Casualty Company, do hereby certify that the attached Power of Attorney dated October 15, 1980___ _ -_on behalf of __ Same_ as above.************* is a true and correct copy and that the same has been in full force and effect since the dater 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 R.H. Johnson 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 an aa,ffixed he, corporate seal of the Lumber- mens Mutual Casualty Company on this day of IY G t �L 19 Sven L. Johanson, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. provide that the Contractor guarantees to repair or replace for said period of one [11 year all work performed and materials and equipment furnished that were not performed or furnished according to the terms of the Contract, and shall make good, defects thereof which have become apparent before the expir- ation of said period of one [1) year. If any part of the project, in the judgment of the Owner, for the reasons above stated needs to be replaced, re- paired or made good during that time, the Owner shall so notify the Contractor in writing. If the Contractor refuses or neglects to do such work within five [51 days from the date of service of such Notice, the Owner shall have the work done by others and the cost thereof shall be paid by the Contractor or his Surety. 3. And the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications ac- companying the same shall in any wise affect its obligations on this bond, and it does hereby waive Notice of any change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications. 4. The surety represents and warrants to the Owner that they have a Best's Key Rating Guide General Policyholder's Rating of " " and Fi- nancial Category of "Class_". IF-2 000-021.50 N IN WITNESS WHEREOF, the above bounded parties executed this instrument under their several seals, this day of '. 19_, A.D., the name and corporate seal of each corporate party" ho affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. WITNESS: (If Sole Ownership or Partnership, two [21 Witnesses required). WITNESSES: WITNESS: (If Corporation, Secretary Only will at S'INic Uh FLUIJUH rUbLIC .WORKS RIDER ATTACHED PRINCIPAL: S and affix seal). ajjdj[Affix f Authorized 0 icer [Seal Title A81(, 4 6-7 Business Address City Stat SURETY: LUIMHWMIL1eS M, I JAL CASUALTY Corporate Surety%) AtttoFAEv-in -IF act Business Address A-r� , ag ity — Name of Local Insurance Agency 4 [Affix [Seal FRANK R. HALL 6 CO. of FLORIDA 2600 DOUGLAS ROAD CORAL GABLES, FLA. 33134 P. O. BOX 343800 CORAL GABLES, FLA. 33134 TELEPHONE: 448-2211 IF-3 000-021.50 • - LU11BERMENS MUTUAL CASUALTY COMPANY FINANCIAL STATEMENT ' DECEMBER 31, 1979 ASSETS Cash in banks $ 15,477,857 Bonds owned 745,403,306 Stocks 672,184,164 Real estate 46,517,181 Premiums in course of collection 96,531,196 Accrued interest and other assets 107,577,254 Total $12683,690,958 LIABII ITIES Reserve for losses and adjusting expenses $ 769,061,965 Reserve for unearned premiums 221,690,675 Reserve for taxes, expenses and other liabilities 124,724,149 Reserve for dividends to policyholders 17,264,737 Total 1,132,741,526 Rese.✓e for contingencies $ 60,000,000 Reserve for security fluctuation 90,000,000 Reserve for undeclared dividends to policyholders 50,949,432 Net surplus 350,000,000 Surplus as regards policyholders 550,949,432 Total $1,683,690,958 LUMBr TENS TUAL CASUALTY COMPANY By Se r Executive Vice President Attest •Secretary STATE OF ILLINOIS) ) SS COUNTY OF LAKE ) J. W. Harding and S. L. Johanson being duly sworn say that they are Senior Executive Vice President and Secretary, respectively, of LUMBERIIENS MUTUAL CASUALTY COMPANY OF Long Grove, Illinois; that the foregoing is a true and correct statement of the financial condition of said company, as of December 3_, 1979. / \. Sub6cribed,tt before me 'This -�ay of February 1980. Ll F ,� Not ry Public Iiy c�r'V ibsion xpires August 31, 1981. CERTIFICATES AS TO CORPORATE PRINCIPAL I V Al certify that I am the Secretary of the Corporation named as Principal in the within bond; that c . v •v �'7 L� who signed the said bond on behalf of the Principal, was then U; C of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. r1IMA 0, � orporate ecretary Seal STATE OF FLORIDA ) COUNTY OF )ss Before me, a Notary Public, duly commissioned, qualified and acting, per- sonally appeared JOHN K.PEPPER to me well known, who being by me first duly sworn upon oath, says that he is the Attorney -in -Fact, for the LUMBERM ENS MU►UAL CAS ALlY Ca and that he has been authorized by l')V.fER OF ATTORAFY 9TTAClUFly to execute the foregoing bond on behalf of the Contractor named therein in favor of Monroe County, Florida. Subscribed and sworn to before me this day of dAN 2 ; I'M 19 , A.D. [Attach Power of Attorney to,.... Original Bid Bond and Financial Notary Public Statement from Surety Company] State of Florida -at- arge My Commission Expires: - END OF PERFORMANCE BOND - `r` T ` `' ._ „ i' A AT IARGti 26 1965. :?!TERS IF-4 000-021.50