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Performance/Payment BondBOND NO. 0274 SECTION 00610 PERFORMANCE BOND STATE OF FLORIDA ) ss COUNTY OF ) KNOW ALL MEN BY THESE PRESENTS that DTI-KIER CONSTRUCTION, INC.' as Principal, hereinafter called Contractor, and FIDELITY & DEPOSIT COMPANY OF MARYLAND as Surety, hereinafter called Surety, are held and firmly bound unto Monroe County, Florida/ as Obligee, hereinafter called Owner, in the amount of FCTJP. "UNDRED FORTY ONE THOUSAND FOUR HUNDRED SIXTY ONE AND 00/100------------- Dollars ($ 441,461.00) 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 June 12 , 1986, entered into a Contract with Owner for: PHASE I PLANTATION KEY GOVERNMENT CENTER TAX COLLECTOR AND PROPERTY APPRAISER'S OFFICE PLANTATION KEY 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 indemnify 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: A. The Principal and Surety jointly and severally agree to pay the Owner any difference between the sum to which the said Principal would be entitled on the completion of the Contract, and that sum which the Owner may be obliged 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 Contractor to properly and in all things, keep and execute all of the provisions of said Contract. B. And this Bond shall remain in full force and effect for a period of one (1) year from the date of acceptance of the project by the Owner and shall provide that 00610 - 1 04-016.82 the Contractor guarantees to repair or replace for said period of one (1) 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 expiration 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, repaired 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 (5) 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. C. 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 accompanying 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. D. The surety represents and warrants to the Owner that they have a Best's Key Rating Guide General Policyholder's Rating of " A+ " and Financial Category of "Class XV ". 00610 - 2 04-016.82 IN WITNESS WHEREOF, the above bounded parties executed this instrument under their several seals, this 10TH day of JUNE 1986, 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). (If Corporation, Secretary Only will attest and affix seal). WITNESSES: t, WITNESS: COUNTEftyFGI BY: EUR10N HARRIS, FLA. RESIDENT AGENT No. 0336265901 PRINCIPAL: HEViTI-KIER CO U ON INC. (Affix Signature of Author zed Officer (Seal -a eS I D Title 1888 N.W. 23RD STREET Business Address POMPANO BEACH, FLORIDA 33069 City State SURETY: FIDELITY & DEPOSIT CO. OF MARYLAND Corporate S (Affix ttorney-in-Fact , BURTON HARRIS Seal 10131 S.W. 40TH STREET Business Address MIAMI, FLORIDA 33165 City State SECURITY BOND ASSOCIATES, INC. Name of Local Insurance Agency 00610 - 3 04-016.82 CERTIFICATES AS TO CORPORATE PRINCIPAL I, Robert Kier , certify that I am the Secretary of the Corporation named as Principal in the within bond; that James R. Hewett who signed the said bond on behalf of the Principal, was then President 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. Corporate Secretary eal STATE OF FLORIDA ss COUNTY OF ) Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared BURTON HARRIS to me well known, who being by me first duly sworn upon oath, says that he is the Attorney -in -Fact, for the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and that he has been authorized by FIDELITY AND DEPOSIT COMPANY OF MARYLAND to execute the foregoing bond on behalf of the Contractor named therein in favor of the Monroe County, Florida. Subscribed and sworn to before me this LOTH day of JUNE , 1986, A.D. (Attach Power of Attorney) No ry P lic Stateof Flor -at-Large Notary p. ^ .. rrf Florwr My Commission Expires: NY COMMISS; i99p SOCYRIt END OF SECTION 00610 - 4 04-016.82 SECTION 00620 PAYMENT BOND STATE OF FLORIDA ) ss COUNTY OF ) KNOW ALL MEN BY THESE PRESENTS that HEWETT-KIER CONSTRUCTION, INC. as Principal, hereinafter called Contractor, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Surety, hereinafter called Surety, are held and firmly bound unto Monroe County, Florida, as Obligee, hereinafter called Owner, in the amount of FOUR HUNDRED FORTY ONE THOUSAND FOUR HUNDRED SIXTY ONE AND 00/100------------------------- Dollars ($ 441, 461.00 ) 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 June 12 1986, entered into a Contract with Owner for: PHASE I PLANTATION KEY GOVERNMENT CENTER TAX COLLECTOR AND PROPERTY APPRAISER'S OFFICE PLANTATION KEY 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: A. A claimant is defined as any person supplying the Principal with labor, material and supplies, used directly or indirectly by the said Principal or any subcontractor in the prosecution of the work provided for in said Contract, and is further defined in Section 255.05 (1) of the Florida Statutes. B. 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 performance 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 00620 - 1 04-016.82 Owner shall not be liable for the payment of any costs or expenses of any such suit. C. No suit or action shall be commenced hereunder by any claimant: 1. Unless claimant, other than one having a direct contract with the Principal, shall within forty-five (45) days after beginning to furnish labor, materials or supplies for the prosecution of the work, furnish the Principal with a notice that he intends to look to this bond for protection. 2. Unless claimant, other than one having a direct contract with the Principal, shall within ninety (90) days after such claimant's performance of the labor or complete delivery of materials and supplies, deliver to the Principal written notice of the performance of such labor or delivery of such material and sup- plies and the nonpayment therefor. 3. After the expiration of one (1) year from the performance of the labor or completion of delivery of the materials and supplies; it being understood, however, that if any limitation embodied 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. 4. 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 project, or any part thereof, is situated, and not elsewhere. D. 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 Contract. E. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration of or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications applicable thereto shall in any wise affect its obligations on this Bond, and the Surety hereby waives notice a of any such change, extension of time, alterations of or addition to the terms of the Contract, or to the work or to the Specifications. F. The Surety represents and warrants to the Owner that they have a Best's Key Rating Guide General Policyholder's rating of " A+ " and Financial Category of "Class XV It. 00620 - 2 04-016.82 IN WITNESS WHEREOF, the above bounded parties executed this instrument under their several seals, this LOTH day of JUNE 1986, 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). (If Corporation, Secretary Only will attest and affix seal). PRINCIPAL: WITNESSES: Affix (Seal 1 Wk4nMZ12L , 1888 N.W. 23RD STREET Business Address POMPANO BEACH, FLORIDA 33069 City State WITNESS: COUNTERS BY: BURTON HARRIS, FLA. RESIDENT AGENT No. 033626t;901 SURETY: FIDELITY & DEPOSIT COMPANY OF MARYLAND Corporate S (Affix Attorney -in -Fact , BURTON HARRIS (Seal 10131 S.W. 40TH STREET Business Address MIAMI, FLORIDA 33165 City State SECURITY BOND ASSOCIATES, INC. Name of Local Insurance Agency 00620 - 3 04-016.82 CERTIFICATES AS TO CORPORATE PRINCIPAL I, Robert Kier , certify that I am the Secretary of the Corporation named as Principal in the within bond; that James R. Hewett who signed the said bond on behalf of the Principal, was then President 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. T12A C'Q_� Corporate Secretary Seal STATE OF FLORIDA ) ss COUNTY OF ) Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared BURTON HARRIS to me well known, who being by me first duly sworn upon oath, says that he is the Attorney -in -Fact, for the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and that he has been authorized by FIDELITY AND DEPOSIT COMPANY OF MARYLAND to execute the foregoing bond on behalf of the Contractor named therein in favor of the Monroe County, Florida. Subscribed and sworn to before me this LOTH day of JUKE , 19 86 A.D. Ljjj7tjj'10;Wj1 0 A�IA (Attach Power of Attorney) Not ry u is Stat of Florida -at -Large Notary pubtf: _ C'.•! nt FlOrlda My Commission Expires: My Commission Expires Feb. 2, 1980 ne. END OF SECTION 00620 - 4 04-016.82 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND 027 HOME OFFICE, BALTIMORE, MD. KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a cotporaton of the State of Maryland, by FRIEND R. NAGLE , Vice -President, and ROBERT L. MEYER Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which reads as follows: '"Me Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or 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 Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents 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 releasand assignments of judgements, decrees, mortgages and instruments in the es nature of mortgages, ... and to affix the seal of the Company thereto." does hereby nominate constitute and appoint Burton Harris of Miami, Florida............ frIsTru.- 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 .............................. AlfflWe 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 Burton Harris, dated, June 14, 1982. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By-Lws 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...2nd........................day of ............. Augur t..............-------------- , A.D. 19--84 --- FIDELITY AND DEPOSIT COMPANY OF MARYLAND TTEST. SEAL •w...o. .... ................................... By ................................... .... ........ ..___..... .lsdstant .Secretary via -President STATE OF MARYLAND j SS. Crr1 OF BALTIMORL On this 2nd day of August A.D. 19 84 , 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 personally known 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 by Official Seal, at the City of B10moi3, the davend r R1. ve written. tiOT........ .................. .................... Notary Public Commission Expir .u11986 wsuc CERTIFICATE I, the unders�'gnad, Assistant Sec of the FIDELITY AND DEPOSrr 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 specially 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 FIDELrrY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOI '"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 Rower 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 WHEREDF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this ..... QM........ day Of ---------------------- UNE 19.... 86 Llast.—OL —03 0-0240 --...-----. ....... .la, tt Scada,y FOR YOUR PROTECTION I,OOK FOR TIIE F6I N'ATER''VIARK