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Performance/Payment Bond PG Monroe Court F acI lhIes Developrnen: JUL 0 9 2012 THE TIME: PROSUREGROUP RECEIVED INC This is the, front page of the performance /payment bond issued in compliance with Florida Statute Chapter 255.05 Bond Number: 479262P Surety in which bond's written: Developers Surety and Indemnity Company Local Address: 100 Second Avenue South, Suite 704 South Tower St. Petersburg, FL 33701 Local Phone Number: (727) 822 -5610 Contractor Name: Mailloux and Sons, Inc. Address: 1500 15 Ave. Drive E., Suite 103 Palmetto, FL 34221 Phone: (941) 723-1955 Owner Name: Monroe County Board of County Commissioners Address: 500 Whitehead Street Key West, FL 33040 Phone: ✓) Z.12_ LlyZ' Obligee Name: Same as Owner Address: Phone: ( ) Contract Number: Project Description: ADA Compliance Segment #2 for Facilities Located Between Mile Marker 47 — Mile Marker 0 Project Address: Monroe County, Florida Legal description of property: This is the front page of the bond. All other pages are subsequent regardless of preprinted numbers. . . 7217 Benjamin Road, Tampa, FL 33634 81 3.243.1 1 10 PHONE 813.243.1 109 FAX 1 contractbonds @prosuregroup.com EMAIL www.prosuregroup.com FLORIDA PUBLIC CONSTRUCTION BOND Provided in Compliance of 255.05 Florida Statutes and are incorporated herein Bond No. 479262P BY THIS BOND, We Mailloux and Sons, Inc. — 1500 15 Avenue Drive East, Suite 103, Palmetto, FL 34221, as Principal and Developers Surety and Indemnity Company — 100 Second Avenue South, Suite 704 South Tower, St. Petersburg, FL 33701, a corporation, as Surety, are bound to Monroe County Board of County Commissioners — 500 Whitehead Street, Key West, FL 33040, herein called Owner, in the sum of $433,590.00 for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated May 16, 2012, between Principal and Owner for construction of ADA Compliance Segment #2 for Facilities Located Between Mile Marker 47 — Mile Marker 0 (ADA ramps, parking signs & stripes, handrails, painting) the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 25.5.05(2), Florida Statutes. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATED ON July 2, 2012. Mailloux and Sons, Inc. Principal Deve opers Surety and Indemnity Company • Surety 1,1) David B. Shick Attorney -In -Fact and Florida Resident Agent • POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725, IRVINE. CA 92623 (949) 263 -3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby make, constitute and appoint: ***David B. Shick*** as its true and lawful Attorney(s)-in-Fact, to make. execute, deliver and acknowledge, for and on behalf of said corporation, as surety, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporation could do, but reserving to each of said corporation full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attomey is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY. effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board. the President, any Executive Vice- President, Senior Vice- President or Vice- President of the corporation be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attomey; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary or Assistant Secretary this October 4th, 2011. By: a i • ANO t Daniel Young, Senior Vice- President J2- • "POR' N , By: 5--L 6 ���— �= e: ' t// (C 1° CT. _ 10 • Steve A. Tvedt, Vice- President z g 3 6 a : State of California ' .. County of Orange • , , ,,"" * "144, ,, , ,,, On October 4, 2011 before me, Antonio Alvarado, Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Steve A. Tvedt Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his/herltheir authorized /�.��►�DO capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of • (; TONI �� LVAR 43 which the person(s) acted, executed the instrument. ` i j ": • NOPi Y ORANGE COUNTY GAN I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is e . true and correct. My comm. expires AV. 2013 t WITNESS my hand and official seal. 6 Place Notary Seal Above Signature Antonio Alvarado, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and. furthermore, that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this n d day of July 2 012 By: �- i e •)&-----*/ . regg Okur /f istant Secretary ID- 1438(Rev.10/11)