Payment Bond
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THE AMERICAN INSTITUTE OF ARCHITECTS
I
Bond No. 21 BCSEQ 8004
AlA Document A312
Paym'ent Bond
Any singular reference to Contractor, Surety. Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Slltek Group, Inc.
1232 North University Drive
Plantation, Florida 33322
OWNER (Name and Address):
Sea Grape Aparbnents, Ltd.
2950 Southwest 270\ Avenue, Suite 200
Coconut Grove, Florida 33133
SURETY (Name and Principal Place of Business):
Hartford Fire Insurance Company
Hartford Plaza
Hartford, Connecticut 06115
DDcl:l 1724237
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CONSTRUCTION CONTRACT
Date: August 28, 2007
Amount: $ 9,769,014.00
Description (Name and location):
Sea Grape Phase I, Marathon, Florida
BOND
Date (Not earlier than Construction Contract Date):
Amount: $ 9,769,014.00
September 15, 2008
Modifications to this Bond:
CONTRACTOR AS P
Company:
SilOOk Group, In
SURETY
Company: (Corporate Seal)
Hartford Fire~ compan~
Signature: 0 iZ~
Charfes D. Nielson, Attorney-in-Fact and
Florida Resident Agent
Signature:
(Any additional signatures appear on page 6)
(FOR INFORM A nON ONL Y - Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer
Nielson, Alter & Associates other party):
8000 Governors Square Boulevard, No. 101 Cabrera Ramos Architects, Inc.
M/aml Lakes, Florida 33016 Perez Engineering 8. Development, Inc.
(305) 722-2663
AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BONO. DECEMBER 1984 EO. . AlA ~
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW., WASHINGTON, D.C. 20006
nitRO PRINTING. tAARCH 1987
A312'-1984 4
1 The Contractor and the Surety, jointly and severally, bind
themselves, their heirs, executors, administrators.
successors and assigns to the Owner to pay for labor,
materials and equipment furnished for use in the
performance of the Construction Contract, which is
incorporated herein by reference.
2 With respect to the Owner, this obligation shall be null
and void if the Contractor:
2.1 Promptly makes payment. directly or indirectly, for
all sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the
Owner from claims. demands, liens or suits by any
person or entity whose claim, demand, lien or suit is for
the payment for labor, materials or equipment furnished
for use In the performance of the Construction Contract,
provided the Owner has promptly notified the
Contractor and the Surety (at the address described in
Paragraph 12) of any claims, demands, liens or suits
and tendered defense of such claims, demands, liens
or suits to the Contractor and the Surety, and provided
there Is no Owner Default.
3 With respect to Claimants, this obligation shall be null
and void if the Contractor promptly makes payment.
directly or Indirectly, fur all sums due.
4. The Surety shall have no obligation to Claimants under
this Bond until:
4.1 Claimants who are employed by or have a direct
contract with the Contractor have given notice to the
Surety (at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner, stating
that a cfaim is being made under this Bond and, with
substantial accuracy, t.he amount of the claim.
4.2 Claimants who do not have a direct contract with
the Contractor:
.1 Have furnished written notice to the Contractor
and sent a copy, or notice thereof, to the
Owner. within 90 days after having last
performed labor or last furnished materials or
equipment included in the claim stating, with
substantial accuracy, the amount of the claim
and the nama of the party to whom the
materials were furnished or supplied or for
whom the labor was done or performed; and
.2 Have either received a rejection in whole or In
part from the Contractor, or not received within
30 days of furnishing the above notice any
communication from the Contractor by which
the Contractor has indicated the daim will be
paid directly or indirectly; and
.3 Not having been paid within the above 30
days, have sent a written notice to the Surety
(at the address described in Paragraph 12)
and sent a copy. or notice thereof, to the
Owner, stating that a claim is being made
under this Bond and enctoslng a copy of the
previous written notice furnished to the
Contractor .
5 If a notice required by Paragraph 4 is given by the
Owner to the Contractor or to the Surety, that is sufficient
compliance.
7 The Surety's total obligation shall not exceed the amount
of this Bond, and the amount of this Bond shall be credited
for any payments made in good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under the
Construction Contract shall be used for the performance of
the Construction Contract and to satisfy claims, if any, under
any Construction Perfonnance Bond. By the Contractor
furnishing and the Owner accepting this Bond, they agree
that aU funds earned by the Contractor in the performance of
the Construction Contract are dedicated to satisfy
obligations of the Contractor and the Surety under this
Bond, subject to the Owner's priority to use the funds for the
completion of the work.
9 The Surety shall not be liable to the Owner, Claimants or
others for obligations of the Contractor that are unrelated to
the Construction Contract. The Owner shall not be liable for
payment of any costs or expenses of any Claimant under
this Bond, and shall have under this Bond no obligations to
make payments to, give notices on behalf of, or otherwise
have obligations to Claimants under this Bond.
10 The Surety hereby waives notice of any change,
including changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obligations.
11 No suit or action shall be commenceO by a Claimant
under this Bond other than in a court of competent
jurisdiction in the location in which the work or part of the
work is located or after the expiration of one year from the
date (1) on which the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last
labor or service was performed by anyone or the last
materials or equipment were furnished by anyone under the
Construction Contract, whichever of (1) or (2) first occurs. If
the provisions of this Paragraph are void or prohibited by
law, the minimum period of limitation available to sureties as
a defense In the jurisdiction of the suit shall be applicable.
12 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the
signature page. Actual receipt of notice by Surety, the
Owner or the Contractor, however accomplished, shall be
sufficient compliance as of the date received at tne address
shown on the signature page.
13 When this Sond has been furnished to comply with a
statutory or other legal requirement in the location where the
construction was to be perfonned. any provision in this Bond
conflicting with said statutory or legal requirements shall be
deemed deleted herefrom and provisions conforming to
such statutory or other legal requirement shall be deemed
Incorporated herein. The intent is that this
AlA DOCUMENT A312. PERFORMANCE BONO AND PAYMENT BOND. DECEMBER 1984 EO. . AlA ~
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW" WASHINGTON, D.C, 20006
THIRD PRINTING. MARCH '987
A312-1984
5
DoclS 1724237
Bk~ 2393 PIIS 1366
Bond shall be construed as a statutory bond and not as a
common law bond.
In the Construction Contract, architectural and
engineering services required for performance of the
work of the Contractor and the Contractor's
subcontractors, and aU other items for which a
mechanic's Ijen may be asserted in the jurisdiction
where the labor, materials or equIpment were
furnished.
14 Upon request by any person or entity appearing to be a
potential benefICiary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy
to be made.
15 DEFINITIONS
15.1 ClaImant: An Individual or entity having a direct
contract with the Contractor or with a subcontractor of
the Contractor to furnish labof, materials or equipment
for use In the perfonnance of the Contract. The intent
of this Bond shall be to include without limitation in the
terms "'abor, materials or equipment- that part of
water, gas. power, light, heat, all, gasoline, telephone
servIce or rental equipment used
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the
signature page. including all Contract Documents and
changes thereto.
15.3 Owner Default: Failure of the Owner, which has
neither been remedied nor waived. to pay the
Contractor as required by the Construction Contract or
to perform and complete or comply with the other
terms thereof.
Doell 1724237
SkU 2383 pga 1367
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
.Paragraph 6 is deleted in its entirety and the fol/owing is substituted in its place:
6. When the Claimant has satisfied the conditions of Paragraph 4, and has submitted a/l
supporting documentation and any proof of claim requested by the Surety, the Surety
shall, within a reasonable period of time, notify the Claimant of the amounts that are
undisputed and the basis for challenging any amounts that are disputed, including,
but not limited to, the lack of substantiating documentation to support the claim as to
entitlement or amount and the Surety shall, WlYhin a reasonable period of time, payor
make arrangements for payment of any undisputed amount; provided, however, that
the failure of the Surety to timely discharge its obligations under this paragraph or to
dispute or identify any specific defense to all or any part of a claim shall not be
deemed to be an admission of /lability by the Surety as to such claim or otherwise
constitute a waiver of the Contractor's or Surety's defenses to, or right to dlsputel
such claim. Rather, the Claimant shall have the immediate right, WI1hout further
notice, to bring suit against the Surety to enforce any remedy aV8Ilable to it under this
Bond. JI
Notwithstanding any language herein to the contrary, it is expressly understood and agreed by the Owner/Obligee that: This
Payment Bond is not intended to be construed as a policy of general liability insurance, and, therefore, it shall not form the
basis of any claim brought against the Surety by any person or entity In response to or in connection with any claims for design
or construction defects brought by the owners of units and/or by the homeowners' association for the owners of units at the
referenced project
(Space is provided below for addItional signatures of added parties, other than those appearing on the cover page.)
SURETY
(Corporate Seal) 'Company:
THIS BONO HERESY IS AMENOEO SO THAT THE PROVISIONS AND
LlMITATroHS O~ 6EOTfOMW.05 OR SECTION 113.23
FLORIDA STATUTES. WHlOHEVER ts APPLICABLE. ARE
tNCORPORATED HERaN BY REFERa.CE.
Srgna1:ure:
Address:
(Corporate Seal)
CONTRACTOR AS PRtNCIPAL
Company:
Signature:
Address:
AlA DOCUMENT A312 . PERFORMANCE BONO ANO PAYMENT BONO. DECEMBER 198-4 EO. . AlA ~
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING. MARCH 1987
A312-1984 6
DUAL OBLIGEE RIDER
Doc" 1724237
Bka 2393 Pga 1368
To be attached to and form a part ofPerfonnance and
Payment Bond No. 21BCSEQ 8004
executed concurrently with this rider, it is agreed that:
Hartford Fire Insuran<< Company. Surety, and
. Principal,
Siltek Group, Inc:.
for valuable consideration, hereby agree that the Performance and Payment Bond executed in
favor of
Sea Grape Apartments\ Ltd.
, Obligee,
in connection with a contract for: Sea Grape Apartments, Ltd.
which bond and contract are made a part of hereof by reference, shall now include as additional Obligees:
Limited Partner: Wachovia Affordable Housing CommWlity Develotlment Corpor8lion.. its Successors and
Assis:!.Ils ATIMA. One Wachovia Center. 30) South Colle~e Street. TW17. Charlotte. NC 2~288-O173. Attn:
TeIO Asset Mana2ement: Lender: Lender: Neighborhood Lendinsz Partners of South Florida.. Inc., 3~lS
West Snruce Street.. Tampa. Florida 33607~ Lender: Florida "ousine: Finance CO(J)Oration. C/O
AmeriNational Community Servic~ Inc.~ 10012 N. Dale Mabrv HiJPlw&v. #209. Tampa.. FL 33618:
Landlord: Monroe County. CIO Monroe Counl)' Division of Housing & Community Development. Florida
Keys Marathon Airport.. 9400 Overseas Highway. #200. Marathon. FL 33050:
in its capacity as Lenders or As Their Interests May A.>>pear. r~pective)y for the
aforementioned project.
The Surety shall not be liable under this bond to the Obligees) or either of them, unless the said Obligees, or either of
them, shall make payments to the Principal or to the Surety, in case the Surety arranges for the completion of the
contract upon default of the Principal, strictly in accordance with the tenns of said contract as to payments, and shall
perfonn all the other obligations to be performed under said contract at the time and in the manner therein set forth.
In no event shall the Surety be liable in the aggregate to both Obligees for more than the penal sum of its
Performance Bond, nor shall it be liable except for a single payment for each single breach or default. At the
Surety's election, any payment due to either Obligee may be made by its check issued jointly to both.
WITNESS the following signatures and seals this 19h
day of September
2008.
B:
Charles D. Nielson, Attorney-in-Fact
surance Company
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(Principal)
Attest:
~
(Obligee)
M."",," ~;"'(" he T
ty Development Corporation
( Dual Obllg~)
Attest:
5-5344 (12~99)
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Attest:
f~ ~~'F ~
Attest:
Attest:
Attest:
Attest:
Attest:
8-5344 (J 2-99)
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( Dual ObliKee)
By:
en of South Florida, Inc.
(Dual Obligee)
Florida Housing Finaoce Corporation, C/O AmeriNational
Communi Services, Inc.
(Dual Obligee)
~o~
C ~-- 1ll1lalOblig..j
BORROWER:
( Dua' Obligee)
By:
( DUll Oblig~)
By:
By:
( DUll Obng~)
By:
( Dual Obligee)
By:
Doca 1724237
Bka 2393 POW 1369
Direct InquIries/Claims to:
ATTORNEY THE HARTFORD
POWER 0 F P.O.BOX2103~~~O.6l~UMAVENUE
HARTFORD, CONNECTICUT 06115
call: 888..266..3488 or fax: 860-757-5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 21-229162
rr=J Hartford Fire Insurance Company, a corporation duly organized under the laws ofthe Slate of Connecticut
rr=J Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State oflndiana
[K] Hartford Accident and lndemnity Company, a corporation duly organized under the laws of the State of Connecticut
o Hartford Underwriters Insurance Company, a corporation duly organized under the laws oflhe State of Connecticut
D Twin City Fire Jnsurance Company, a corporation duly organized under Lhe laws oflhe StaLe oflmJiana
o Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the Stale of Illinois
[=:J Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of lhe State of Indiana
D Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the .Companies") do hereby make, constitute and appoint,
up to the amount of unlimited:
Charles J. Nielson, Mary C. Aceves, Warren Alter, Charles D. Nielson, Joseph Penichet Nielson, David R. Hoover
of
Miami, FL
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by 181, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies
have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
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PaulA. Bergenholtz, Assistant Secretary
M. Ross Fisher, Assistant Vice President
STATE OF CONNECTICUT}
ss. Hartford
COUNTY OF HARTFORD
On this 1'1 day of February, 2004, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and
say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations
described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said
instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his
name thereto by like authority.
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Notary Public
CERffiCATE My Commission Expires Cktober 31,20' 2
I, the undersigned, Assistant Vice P~esident of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies, which is still in full force effective as of September 15, 2008.
Signed and sealed at the City of Hartford.
Doell 1724237
Bka 2393 p._ 1370
t10NROE COUNTY
OFFICIAL RECORDS
(ryfJ~{
Gary W. Stumper, Assistant VIce President