Bonds Doc#2391922 Bk#3194 Pg#1863
Recorded 9/19/2022 3:11 PM Page 1 of 10
Filed and Recorded in Official Records of
MONROE COUNTY KEVIN MADOIK,CPA
OvAIA
Document A312 TM . 201101
Bond No.47-SUR-300042-01-0016(BHSI)
Performance Bond 0246745(Berkley)
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place
NV2A Gulf Keystar,a Joint Venture LLC of business)
5450 Macdonal Ave#3 Berkshire Hathaway Specialty This document has important legal
Key West FL 33040 Insurance Company consequences.Consultation with
OWNER: 1314 Douglas Street, Suite 1400 an attorney is encouraged with
ame, legal status and address) Omaha, NE 68102-1944 respect to its completion or
g modification.
Monroe County Board of County Berkley Insurance Company Any singular reference to
Commissioners 475 Steamboat Road Contractor,Surety,owner or
500 Whitehead Street Greenwich, CT 06830 other party shall be considered
Keyy West FL 33040 plural where applicable.
CONSTRUTION CONTRACT AIA Document A312-2010
Date:August 17, 2022 combines two separate bonds,a
Amount:Five Million Five Hundred Nineteen Thousand Six Hundred Forty One Performance Bond and a
And Noll 00 Dollars ($5,519,641.00) Payment Bond,into one form.
Description: This is not a single combined
(Name and location) Performance and Payment Bond.
Key West International Airport, 3491 S Roosevelt Blvd, Key West, FL 33040
GMP Amendment 01 -early work demolition and sitework, piles, pile caps, grade beams, PBB anchor bolts and
electrical utilities as further defined in the GMP Amendment 01, drawings and specifications.
BOND
Date: September 13,2022
(Not earlier than Construction Contract Date)
Five Million Five Hundred Nineteen Thousand Six Hundred Forty One
Amount:And No/100 Dollars($5,519,641.00)
Modifications to this Bond: M None ❑ See Section 16
CONT/ARINCS PRgNC SURETY
Corr or or'rte Seal) Company: ( orporat€*Seal)
NVKeys r fore LLC Berkshire Hath w Sp cialty Insurance Company
Signa Signature: --"
Nameev s Nameand T ging Member anti Title: Attorney-in-Fact
(Any signatures appear on the last page o,f`this P formance Bond.)
(FORr1TION ONLY—Name,address and telephone)
ACENER: OWNER'S REPRESENTATIVE:
American Global, LLC (Architect,Engineer or other party)
900 South Pine Island Road
Suite 210
Plantation, FL 33324
IniL AIA Document A312TM—2010.The American Institute of Architects. 0e1110
1
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§1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors
and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference.
§2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under
this Bond,except when applicable to participate in a conference as provided in Section 3.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise
after
1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring
a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among
the Owner,Contractor and Surety to discuss the Contractor's performance.If the Owner does not
request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice,
request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless
the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten
(10)business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor and the
Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract,
but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor
Default;
.2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;
and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
§4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure
to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to
the extent the Surety demonstrates actual prejudice.
§5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense
take one of the following actions:
§5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract;
§5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent
contractors;
§5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the
Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the
amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as
a result of the Contractor Default;or
§5A Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable
promptness under the circumstances:
.1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as
practicable after the amount is determined,make payment to the Owner,or
.2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial.
§6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to
be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any
remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment
or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
Ink AIA Document A312TM—2010.The American Institute of Architects.
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1
§7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not
be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the
Surety shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the
Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for
.1 the responsibilities of the Contractor for correction of defective work and completion of the
Construction Contract;
.2 additional legal,design professional and delay costs resulting from the Contractor's Default,and
resulting from the actions or failure to act of the Surety under Section 5;and
.3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual
damages caused by delayed performance or non-performance of the Contractor.
§8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond.
§9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its
heirs,executors,administrators,successors and assigns.
§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 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located and shall be instituted within two years.after a declaration
of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety
refuses or fails to perform its obligations under this Bond,whichever occurs first.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 page
on which their signature appears.
§13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other'legal requirement shall be
deemed incorporated herein.When so furnished,the intent is that this blond shall be construed as a statutory bond and
not as a common law bond.
§14 Definitions
§14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction
Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received
or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is
entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction
Contract.
§14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and changes made to the agreement and the Contract Documents.
§14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to
comply with a material term of the Construction Contract.
§14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
Init. AIA Document A312T —2010.The American Institute of Architects.
3
§16 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: erkl n Branca Company(Corpo ate a !)
• Signature: larlesZJ.
Signature: gn Name and Title: Name and Title: Nielson
Address Address Attorney In Fact
CAUTION:You almoWd sign an original NA Contract Ittoclument,on whkh tlmla teat appeals m RED.An original a45131,68 that
changes wHI not be otwcu
Init. AIA Document A9121"—2010.The American Institute of Architects.
4
e.
Document A312 TM - 2010
Bond No.47-SUR-300042-01-0016(BHSI)
Payment Bond 0246745(Berkley)
CONTRACTOR: SURETY:
(Name,legal status and address) (Name, legal status and principal place
NV Gulf Keystar,a Joint Venture LLC qf business)
5450 Macdonal Ave#3 Berkshire Hathaway Specialty This document has important Iegal
Key West FL 33040 Insurance Company consequences,Consultation with
1314 Douglas Street.,Siute 1400 an attorney is encouraged with
OWNER: Omaha, NE 68102-1944 respect to Its completion of
9 ame"le al status and address)' moclification.
ollnra 6ounty Board of County Berkley Insurance Company Any singular reference to
Commissioners 475 Steamboat Road Contractor,Surety,Owner or
500 Whitehead Street Greenwich, CT 06830 other party shall be considered
Key West, FL 33040 pitiral where applicable,
CONSTRUCTION CONTRACT AIA Document A312-201 0
Date: August 17, 2011 combines two separate bonds,a
Amount: Five Million Five Hundred Nineteen Thousand Six Hundred Forty One Performance Bond and a
And No/100 Dollars($5,519,641.00) Payment Bond,into one form.
This is not a single combined
Description: Performance and Payment Bond.
(Name and location)
Key West International Airport, 3491 S Roosevelt Blvd, Key West, FL 33040
GMP Amendment 01 -early work demolition and sitework, piles, pile caps, grade beams, PBB anchor bolts and
electrical utilities as further defined in the GMP Amendment 01, drawings and specifications.
BOND
Date: September 13, 2022
(Not earlier than Construction Contract Date)
Five Million Five Hundred Nineteen Thousand Six Hundred Forty One And Noll 00
Amount: Dollars($5,519,641.00)
Modifications to this Bond: 0 None 91 See Section 18
CONTRACTOR AS PRINCI SURETY
Company: rporaie Seal) Company- 4(r�, orale Seal)
NV2A Gulf Keystar t tore LLC Berkshire Hath a jalty V; urance Company
CONTRACTOR
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Gulf
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KA Key
S a P
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Seal)
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Signature: Signature:
Name Gilberto v Name William Gritin
a 6 M
and Title: Ma ing, Member and Title: Attorney-in-Fact
vappear on the last(Any additio ignalures on the last page of this Payment Bond)
I ' a(FOR N I TJOIN ONLY—Name, address and telephone)
AGENT BROKER- OWNER'S REPRESENTATIVE:
American Global, LLC (Architect,Engineer or other party)
900 South Pine Island Road
Suite 210
Plantation, FL 33324
Init. AIA Document A312TM-2010.The American Institute or Architects. 061110 5
I
§I The Contractor and 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,subject to the following terms.
§2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds
harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,materials
or equipment famished for use in the performance of the Construction Contract,then the Surety and the Contractor
shall have no obligation under this Bond.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond
shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)
of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment
for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered
defense of such claims,demands,liens or suits to the Contractor and the Surety.
§4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense
defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit.
§5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§5.1 Claimants,who do not have a direct contract with the Contractor,
.1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the
amount claimed and the name of the party to whom the materials were,or equipment was,furnished or
supplied or for whom the labor was done or performed,within ninety(90)days after having last
performed labor or last furnished materials or equipment included in the Claim;and
.2 have sent a Claim to the Surety(at the address described in Section 13).
§5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at
the address described in Section 13).
§6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1.
§7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall
promptly and at the Surety's expense take the following actions:
§7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,
stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and
§7.2 Pay or arrange for payment of any undisputed amounts.
§7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to
constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed
amounts for which the Surety and Claimant have reached agreement.If,however,the Surety fails to discharge its
obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's
fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
§8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's
fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith
by the Surety.
§9 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 performance bond.By the
Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the
performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this
Bond,subject to the Owner's priority to use the funds for the completion of the work.
InIt. AIA Document A312^ —2010.The American Institute of Architects.
s
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§10 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 the payment of any costs or expenses of any
Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf
of,Claimants or otherwise have any obligations to Claimants under this Bond.
§11 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,
§12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent
jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the
expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to
Section 5.1.2 or 5.2,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.
§13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown
on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be
sufficient compliance as of the date received.
§14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and
Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.
§16 Definitions
§16.1 Claim.A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done,or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was
furnished for use in the performance of the Construction Contract;
.4 a brief description of the labor,materials or equipment furnished;
.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in
the performance of the Construction Contract;
.6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of
the Claim;
.7 the total amount of previous payments received by the Claimant;and
.8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the
date of the Claim.
§16.2 Claimant An individual or entity having a direct contract with the Contractor or with a subcontractor of the
Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract.The term
Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien
or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to
include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil,
gasoline,telephone service or rental equipment used in the Construction Contract,architectural and engineering
services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other
items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were
furnished.
§16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and all changes made to the agreement and the Contract Documents.
(nit AIA Document A312" —2010.The American Institute of Architects.
7
1
§16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
§18 Modifications to this bond are as follows:
The bond is hereby amended so that the provisions and limitations of Section 255.05, Florida Statutes, are
incorporated herein by reference, including the notice and time limitation provisions in subsections(2)and
(10).
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:Berkley n Trance Company (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title: I 4arles J. Nielson
Address Address Attorney In Fact
Ati"11014:You ritmould sign an original AIA Contract Docurnent,on which this text appaars In RED.An odd iiai a3sures that
changes wtiii not bo obscured.
Init. AIA Document A312" —2010.The American Institute of Architects.
8
47-S U R-300042-01-0016
Berkshire Hathaway
Specialty Insurance
fl'oiveir 01"A Uxn,iney MEN=
BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY
NATIONAL INDEMNITY COMPANY/NATIONAL LIABILITY&FIRE INSURANCE COMPANY
Know all men by these presents,that q§jBjX5H -H Aw4 5 -&TXjXS,
LtR&kq,90 corporation-_Igg _AItL -pgg — -JOEANY a corpo on existing under
and by virtue of the laws of the State of Nebraska and having an office at One Lincoln Street,23rd Floor, Boston, Massachusetts
02111,NAT ONAtjkqgMNMC
_QMPANY,a corporation existing under and by virtue of the laws of the State of Nebraska and having an
T 0 4AL—LjA%L["-fl—REIN5 E COMPANY a corporation existing
_VRANC—
office at 3024 Harney Street,Omaha,Nebraska 68131 and 1,VA_
under and by virtue of the laws of the State of Connecticut and having an office at 100 First Stamford Place, Stamford,Connecticut
06902(hereinafter collectively the"Companies"), pursuant to and by the authority granted asset forth herein,do hereby name,
constitute and appoint:RjcAylp William q.r I 2121!jW rd Away the city
0 ark,their true and lawful attorney(s)-in-fact to make,execute,seal, acknowledge,and deliver, for and on their E
behalf as surety and as their act and deed,any and all undertakings,bonds,or other such writings obligatory in the nature thereof,in Is
pursuance of these presents,the execution of which shall be as binding upon the Companies as if it has been duly signed and executed
by their regularly elected officers in their own proper persons.This authority for the Attorney-in-Fact shall be limited to the execution
of the attached bond(s)or other such writings obligatory in the nature thereof.
In witness whereof,this Power of Attorney has been subscribed by an authorized officer of the Companies,and the corporate seals of kh
the Companies have been affixed hereto this date of December 20,2018.This Power of Attorney is made and executed pursuant to A 0
and by authority of the Bylaws,Resolutions of the Board of Directors,and other Authorizations of BERKSHIRE HATHAWAY SPECIALTY In
INSURANCE COMPANY,NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY&FIRE INSURANCE COMPANY, which are in
full force and effect,each reading as appears on the back page of this Power of Attorney,respectively.The following signature by an
authorized officer of the Company may be a facsimile,which shall be deemed the equivalent of and constitute the written signature of
such officer of the Company for all purposes regarding this Power of Attorney,including satisfaction of any signature requirements on
any and all undertakings,bonds,or other such writings obligatory in the nature thereof,to which this Power of Attorney applies.
ca
E
BERKSHIRE HATHAWAY SPECIALTY NATIONAL INDEMNITY COMPANY,
INSURANCE COMPANY, NATIONAL LIABILITY&FIRE INSURANCE COMPANY,
I vi
IU
By: By:
David Fields,Executive Vice President David Fields,Vice President
0 E
STAI
15
NOTARY < EV t
State of Massachusetts,County of Suffolk,ss: t b
On this 20th day of December,2018,before me appeared David Fields,Executive Vice President of BERKSHIRE HATHAWAY SPECIALTY 9 4
INSURANCE COMPANY and Vice President of NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY&FIRE INSURANCE COMPANY, Cr
who being duly sworn,says that his capacity is as designated above for such Companies;that he knows the corporate seals of the 5d
Companies;that the seals affixed to the foregoing instrument are such corporate seals;that they were affixed by order of the board of
directors or other governing body of said Companies pursuant to its Bylaws,Resolutions and other Authorizations,and that he signed Z,
said instrument in that capacity of said Companies.
[Notary Seal]
K(GIEOFFIFRY A.DELISIO
No
tary
ot Public
N. or Commonwealth of Massachusetts
0 Comm.
Commonwealth
Notary Public
My Comm.Expires November 29,2024
1,Ralph Tortorella,the undersigned,Officer of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY,NATIONAL INDEMNITY
COMPANY and NATIONAL LIABILITY&FIRE INSURANCE COMPANY, 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 in full force and effect and has not been revoked.IN TESTIMONY
WHEREOF, see hereunto affixed the seals of said Companies this,$.q gqjTnkk03_20Z2.
-PEVA k
_�SVEVA4 FA 'Orit,
,5.kpo
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SEAL
Sol, Officer
BHSIC,NICO&NLF POA(2018)
No.BI-282d-el
POWER OF ATTORNEY
BERKLEY INSURANCE COMPANY
WILMINGTON,DELAWARE
KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly
organized and existing under the laws of the State of Delaware,having its principal office in Greenwich,C'T,has made,constituted
and appointed, and does by these presents make, constitute and appoint: Charles J. Nielson; Charles D. Nielson; Joseph P.
Nielson;Jarrett Merlucci, or David R. Hoover ofAcrisure,LLB"dba Nielson,Hoover& Copnpaitv oj'Mianli Lakes, FL its true
and lawful Attorney-in-Fact,to sign its name as surety only as delineated below and to execute,seal,acknowledge and deliver any
and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall
exceed One 14undred Million and 00/100 U.S.Dollars(U.S.$100,000,000.00),to the same extent,as if such bonds had been ditty
executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons.
This Power of Attorney shall be construed and enforced in accordance with, and governed by,the laws of the State of Delaware,
without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following
resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,20 10:
RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief
Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant
Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-ill-fact named therein
to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the
corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such
attorney-in-fact and revoke any power of attorney previously granted;and further
RESOLVED,that such power of attorney limits the acts of those named therein to the bonds,undertakings,recognizances,
or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the
manner and to the extent therein stated;and further
RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and
further
RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any
power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance,or
other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as
though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any
person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have
ceased to be such at the time when such instruments shall be issued.
IN WITNESS WHEREOF,the Company has caused these presents to-be signed and attested by its appropriate officers and its
corporate seal hereunto affixed this 26th day of April 2022
Attest Berkl Insurance Company
By B
Je after
fter
Ira
Executive Vice President&Secretary Se resident
STATE OF CONNECTICUT)
) ss:
COUNTY OF FAIRFIELD
Swom to before me, a Notary Public in the State of Connecticut,this 26th day of April 2022 by Ira S.Lederman
and Jeffrey K Hafter who are swom to me to be the Executive Vice President Secretary, and t Senior Vice President,
respectively,of Berkley Insurance Company. MARNOTARIA 0 RLINMAKM
Y PUBI IC
CONNECTICUr
MY COMMISSION EXPIRES
otary Public,State of Connecticut
APHII-30.2024
CERTIFICATE
1,the undersigned,Assistant Secretary of BERKLEY INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing is a
true,correct and complete copy of the original,Power of Attorney;that said Power of Attorney has not been revoked or rescinded
ancl..thatthe authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of
I I nlyj
ched,is in full force and effect as of this date.
Set 1 22
Company,this 13th day of 'Se t f 2022
under my hand and seal of the Comp _10
ISIAL
Vmcent P.Forte
441AIA Document A312 TM - 2010
Bond No.47-SUR-300042-01-0016(BHSI)
Performance Bond 0246745(Berkley)
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place
NV2A Gulf Keystar,a Joint Venture LLC of business)
5450 Macdonal Ave#3 Berkshire Hathaway Specialty This document has important legal
Key West FL 33040 Insurance Company consequences.Consultation with
OWNER: 1314 Douglas Street, Suite 1400 an attorney is encouraged with
(Name, legal status and address) Omaha, NE 68102-1944 respect to its completion or
modification.
Monroe County Board of County Berkley Insurance Company Any singular reference to
Commissioners 475 Steamboat Road Contractor,Surety,Owner or
500 Whitehead Street Greenwich, CT 06830 other party shall be considered
Ke West FL 33040 plural where applicable.
CO STRU&ION CONTRACT
AIA Document A312-2010
Date:August 17, 2022 combines two separate bonds,a
Amount:Five Million Five Hundred Nineteen Thousand Six Hundred Forty One Performance Bond and a
And Noll 00 Dollars ($5,519,641.00) Payment Bond,into one form.
Description: This Is not a single combined
(Name and location) Performance and Payment Bond.
Key West International Airport, 3491 S Roosevelt Blvd, Key West, FL 33040
GMP Amendment 01 -early work demolition and sitework, piles, pile caps, grade beams, PBB anchor bolts and
electrical utilities as further defined in the GMP Amendment 01, drawings and specifications.
BOND
Date: September 13, 2022
(Not earlier than Construction Contract Date)
Five Million Five Hundred Nineteen Thousand Six Hundred Forty One
Amount:And Noll00 Dollars ($5,519,641.00)
Modifications to this Bond: ®None ❑See Section 16
CONTRACTOR AS PRINCIP SURETY
Corn sn Borate Seal) Company: ( " porate Seal)
NVIA ulf Keystar,a t nture LLC'Berkshire Ha tI1 surance Company
Signature: Signature:
Name Gilberto N e Name William\GrAfin
and Title: Man g em!ber and Title: Attorney-in-Fact
(Any addidona , natures appear on the last page of this Per)nuance Bond)
(FOR INF R TION ONLY—Name, address and telephone)
AGENT cr�'I KER: OWNER'S REPRESENTATIVE:
American lobal„ LLC (Architect,Engineer or other party:)
900 South Pine Island Road
Suite 210
Plantation, FL 33324
Init. AIA Document A312TM—2010.The American Institute of Architects. '^°^
Doc#2396093 Bk#3199 Pg#1811 1
/ Recorded 10/31/2022 11:30 AM Page 1 of 14
Filed and Recorded in official Records of
MONROE COUNTY KEVLN MADOK,CPA
§I The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors
and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference.
§2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under
this Bond,except when applicable to participate in a conference as provided in Section 3.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise
after
1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring
a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among
the Owner,Contractor and Surety to discuss the Contractor's performance.If the Owner does not
request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice,
request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless
the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten
(10)business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor and the
Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract,
but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor
Default;
.2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;
and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
§4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure
to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to
the extent the Surety demonstrates actual prejudice.
§5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense
take one of the following actions:
§5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract;
§5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent
contractors;
§5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the
Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the
amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as
a result of the Contractor Default;or
§SA Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable
promptness under the circumstances:
.1 Auer investigation,determine the amount for which it may be liable to the Owner and,as soon as
practicable after the amount is determined,make payment to the Owner,or
.2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial.
§6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to
be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any
remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment
or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
Ink AIA Document A312�°—2010.The Ameften Ins-% of Arehbcie.
2
§7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not
be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the
Surety shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the
Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for
.1 the responsibilities of the Contractor for correction of defective work and completion of the
Construction Contract;
.2 additional legal,design professional and delay costs resulting from the Contractor's Default,and
resulting from the actions or failure to act of the Surety under Section 5;and
.3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual
damages caused by delayed performance or non-performance of the Contractor.
§8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond.
§9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its
heirs,executors,administrators,successors and assigns.
§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 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located and shall be instituted within two years after a declaration
of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety
refuses or fails to perform its obligations under this Bond,whichever occurs first.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 page
on which their signature appears.
§13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein.When so furnished the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§14 Definitions
§14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction
Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received
or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is
entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction
Contract.
§14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and changes made to the agreement and the Contract Documents.
§%3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to
comply with a material tern of the Construction Contract.
§14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
Init. AIA Document A712 s—2010.The American Institute of Architects.
3
1
§16 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:BerkleylPsurance Company(Corporate Sgal)
Signature: Signature:
Name and Title: Name and Ti a,rq „ Nielson �.
Address Address Attomey In Fact
CAU 110111l4:You shouild elaui°m ass odgWsl AJA Contract Dorume:l,all wiftUa this text aqipeem On RED,As ailgT'issl�msssriuuis thist `
dongn W1111l iiuiuiliot b9 orsO��INW.
nin oocu wd A31z"—201070.� The
[nit The American Inedlu0e of Arch iOxte.
4
1
#A-I'ff'A Document A312 TM - 2010
Bond No.47-SUR-300042-01-0016(BHSI)
Payment Bond 0246745(Berkley)
CONTRACTOR: SURETY:
(Name,legal status and address) game, legal status and principal place
NV2A Gulf Keystar,a Joint Venture LLC of business)
5450 Macdonal Ave#3 Berkshire Hathaway Specialty This document has important legal
Key West FL 33040 Insurance Company consequences,Consultation with
1314 Douglas Street, Siute 1400 an attorney is encouraged with
OWNER: Omaha, NE 68102-1944 respect to ft completion or
J�Vame, le al status and address) modification.
Monroe ounty Board of County Berkley Insurance Company Any singular reference to
Commissioners 475 Steamboat Road Contractor,Surety,Owner or
500 Whitehead Street Greenwich, CT 06830 other party shall be considered
Key West, FL 33040 plural where applicable.
CONSTRUCTION CONTRACT AIA Document A312-2010
Date: August 17,2011 combines two separate bonds,a
Amount: Five Million Five Hundred Nineteen Thousand Six Hundred Forty One Performance Bond and a
Payment Bond,into one form.
And No/1 00 Dollars($5,519,641.00)
This is not a single combined
Description: Performance and Payment Bond.
(Name and location)
Key West International Airport, 3491 S Roosevelt Blvd, Key West, FL 33040
GIVIP Amendment 01 -early work demolition and sitework, piles, pile caps, grade beams, PBB anchor bolts and
electrical utilities as further defined in the GIVIP Amendment 01, drawings and specifications.
BOND
Date: September 13,2022
(Not earlier than Construction Contract Date)
Five Million Five Hundred Nineteen Thousand Six Hundred Forty One And No/1 00
Amount: Dollars($5,519,641-00)
Modifications to this Bond: 0 None IXI See Section 18
CONTRACTOR AS P,RIN SURETY
Company: rate Seal) Company: rporate Seal)
NV Gulf Keys lilt Venture LLC Berkshire Hath By S e Insurance Company
Signature: Signature:
Name Gilberto eves; Name William G ffin
C
Company:
G
Signature:
Gi
lberto u
lb 0
If K
e
R
e
A
y
0
S'I
S
e
PR IN I rt e N
orae 6e rpo'*'
"Venture
e ath a S 'a In
B tt r Y4
int
S William G ffi n
and Title: Ma ing Member and Title: Attorney-in-Fact
III p
44 res appear
on the
ljW,4: 0 L Y_ m , .
(Any additio a signatures appear on the last page of this Payment Bond)
(FOR IN MA TION ONLY— address and telephone)
AGENT r ROKER: OWNER'S REPRESENTATIVE:
I I LLC (Architect,Engineer or other party:)
Ameri n Global, LLC
900 South Pine Island Road
Suite 210
Plantation, FL 33324
Init. AIIA Document A312--2010.The American Institute of Architects. 06MO 5
I
I The Contractor and 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,subject to the following terms..
§2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds
harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,materials
or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor
shall have no obligation under this Bond.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond
shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)
of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment
for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered
defense of such claims,demands,liens or suits to the Contractor and the Surety.
§4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense
defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit.
§5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§5.1 Claimants,who do not have a direct contract with the Contractor,
.1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the
amount claimed and the name of the party to whom the materials were,or equipment was,furnished or
supplied or for whom the labor was done or performed,within ninety(90)days after having last
performed labor or last furnished materials or equipment included in the Claim;and
.2 have sent a Claim to the Surety(at the address described in Section 13).
§5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at
the address described in Section 13).
§6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1.
§7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall
promptly and at the Surety's expense take the following actions:
§7.1 wend an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,
stating the amounts that are undisputed and the basis for challenging any amounts that are disputed,and
§7.2 Pay or arrange for payment of any undisputed amounts.
§7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to
constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed
amounts for which the Surety and Claimant have reached agreement.If,however,the Surety fails to discharge its
obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's
fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
§8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's
fees provided under Section 7.3,and the amount ofthis Bond shall be credited for any payments made in good faith
by the Surety.
§9 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 performance bond.By the
Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the
performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this
Bond,subject to the Owner's priority to use the funds for the completion of work.
Init. AIA Doaamerrt AMM—2010.The American InsNt ft cf Arddmcts.
s
1
§10 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 the payment of any costs or expenses of any
Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf
of,Claimants or otherwise have any obligations to Claimants under this Bond.
§11 The Surety hereby waives notice of any change,including changes of time,to the Constriction Contract or to
related subcontracts,purchase orders and other obligations.
§12 No suit or action shall he commenced by a Claimant under this Bond other than in a court of competent.
jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the
expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to
Section 5.1.2 or 5.2,or( )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
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 snit shall be applicable.
§13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown
on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be
sufficient compliance as of the date received.
§14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed„any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and
Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.
§16 Definffloas
§16.1 Claim.A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done,or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was
furnished for use in the performance of the Construction Contract;
.4 a brief description of the labor,materials or equipment furnished;
.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in
the performance of the Construction Contract;
.6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of
the Claim;
.7 the total amount of previous payments received by the Claimant;and
.8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the
date of the Claim.
§16.2 Claimant An individual or entity having a direct contract with the Contractor or with a subcontractor of the
Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract.The term
Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien
or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to
include without limitation in the terns"labor,materials or equipment"that part of water,gas,power,light,heat,oil,
gasolitre,'telephone service or rental equipment used in the Construction Contract,architectural and engineering
services required for performance of the work,of the Contractor and the Contractor's subcontractors,and all other
items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were
furnished.
§16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and all changes made to the agreement and the Contract Documents.
Init AIA Document A312^'—2010.The American Insdhft of Architects.
7
1.
§16.4 Owner DefalulL Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
§18 Modifications to this bond are as follows:
The bond is hereby amended so that the provisions and limitations of Section 255.05, Florida Statutes, are
incorporated herein by reference, including the notice and time limitation provisions in subsections(2)and
(10).
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:8erle1gy"l`i surance Company (Corpor�ate eal)
W
Signature: Signature:
Name and Title: Name and Title: + hadeis J. Nielson
Address Address Attorney In Fact
Cptl"'tilttlllltry"t'ou should alarm min odg1linallIA111A tlaidi°act 1"tocur°iien,on wtddi tlllo duct el3111me lr:RED.An orighiiial"sum 11'181.
cloiarm tw wlml r1mor IN Obscured.
Init AIA Document A312m—2010.The American Institute of Architects.
-
8
a"
47-S U R-300042-01-0016
Berkshire Hathaway
Specialty Insurance
yi� r ;,j r y 1,,,,»
BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY
NATIONAL INDEMNITY COMPANY/NATIONAL LIABILITY&FIRE INSURANCE COMPANY
E
Know all men by these presents,that, ECKmH1RE HATYAVkYC17y I(1511FANCE COMPA ', a corporation existing under
and by virtue of the laws of the State of Nebraska and having an office at One Lincoln Street,23rd Floor, Boston, Massachusetts Is
02111,ll (JJk�9�111 (1I Ymt3PPskNY a corporation existing under and by virtue of the laws of the State of Nebraska and having an
office at 3024 Harney Street,Omaha,Nebraska 68131 and N4T[Q.t4.A-L Lf�#BILFT I" FIi E 5 D,hki?AfIY a corporation existing
under and by virtue of the laws of the State of Connecticut and having an office at 100 First Stamford Place, Stamford,Connecticut
06902(hereinafter collectively the"Companies"), pursuant to and by the authority granted as set forth herein,do hereby name,
Vdiilliam Griffin 212f mr I ve 6th FNoo o thIty i" D
constitute and appoint RicgrtNp pal tlgfapr TSrr 7er,1)ylFhs�KS ..__. __ —. ...._ ..., -
o`qM ami,Stag Flotltislp their true and lawful attorney(s)-in-fact to make,execute,seal, acknowledge,and deliver, for and on their x
behalf as surety and as their act and deed,any and all undertakings,bonds,or other such writings obligatory in the nature thereof,in A
pursuance of these presents,the execution of which shall be as binding upon the Companies as if it has been duly signed and executed
by their regularly elected officers in their own proper persons.This authority for the Attorney-in-Fact shall be limited to the execution 'ra
of the attached bond(s)or other such writings obligatory in the nature thereof.
In witness whereof,this Power of Attorney has been subscribed by an authorized officer of the Companies,and the corporate seals of
the Companies have been affixed hereto this date of December 20,2018.This Power of Attorney is made and executed pursuant to
and by authority of the Bylaws,Resolutions of the Board of Directors,and other Authorizations of BERKSHIRE HATHAWAY SPECIALTY m
INSURANCE COMPANY,NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY&FIRE INSURANCE COMPANY, which are in
full force and effect,each reading as appears on the back page of this Power of Attorney,respectively.The following signature by an l0 2cc
authorized officer of the Company may be a facsimile,which shall be deemed the equivalent of and constitute the written signature of m o
such officer of the Company for all purposes regarding this Power of Attorney,including satisfaction of any signature requirements on g e
any and all undertakings,bonds,or other such writings obligatory in the nature thereof,to which this Power of Attorney applies. C
3
BERKSHIRE HATHAWAY SPECIALTY NATIONAL INDEMNITY COMPANY, e o
INSURANCE COMPAN
Y, NATIONAL LIABILITY&FIRE INSURANCE COMPANY, $
d a
By: By: m
David Fields,Executive Vice President David Fields,Vice President
f tXror
SURI TY I ldl T1" St RfTS w
SEAL tf11, tom' SFAi
a d 9
'""•tc``r
NOTARY a 3
State of Massachusetts,County of Suffolk,ss:
On this 20th day of December,2018,before me appeared David Fields,Executive Vice President of BERKSHIRE HATHAWAY SPECIALTY
INSURANCE COMPANY and Vice President of NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY&FIRE INSURANCE COMPANY, e
who being duly sworn,says that his capacity is as designated above for such Companies;that he knows the corporate seals of the « A 8
Companies;that the seals affixed to the foregoing instrument are such corporate seals;that they were affixed by order of the board of Z = M
directors or other governing body of said Companies pursuant to its Bylaws,Resolutions and other Authorizations,and that he signed n
said instrument in that capacity of said Companies. E
[Notary Seal]
Kim-
1, ELISIi�
ic
my Comm,
ssachuselis Notary Public �
ber 29,20M, y
�°-
I,Ralph Tortorella,the undersigned,Officer of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY,NATIONAL INDEMNITY
COMPANY and NATIONAL LIABIUTY&FIRE INSURANCE COMPANY, 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 in full force and effect and has not been revoked.IN TESTIMONY
WHEREOF, see hereunto affixed the seals of said Companies this Septgm ftrm13;,m Q .
Lai e�!i
,. �
SURETY a t tldi II s WHET1, +�
SEAL k + k sl. l r rfAL Officer
)4t'
AA
BHSIC,NICO&NLF POA(2018)
No.BI-282d-el
POWER OF ATTORNEY
BERKLEY INSURANCE COMPANY
WILMINGTON,DELAWARE
KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY(the "Company"), a corporation duly
organized and existing under the laws of the'State of Delaware,having its principal office in Greenwich,CT,has made,constituted
and appointed, and does by these presents make, constitute and appoint: Charles J. Nelson; Charles D. Nielson; Joseph P.
Nielson;Jarrett Merlucci;or David,&Hoover of Acrisure,LLC dba Nielson,Hoover& Company of Miami Lakes,FL its true
and lawful Attorney-in-Fact,to sign its name as surety only as delineated below and to execute,seal,acknowledge and deliver any
and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall
exceed One Hundred Million and 00/100 U.S.Dollars(U.S.$100,000,000.00),to the same extent as if such bonds had been duly
executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons.
This Power of Attorney shall be construed and enforced in accordance with,and governed by,the laws of the State of Delaware,
without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following
resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010:
RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief
Executive Officer, President or any Vice President of the Company; in conjunction with the Secretary or any Assistant
Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein
to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the
corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such
attorney-in-fact and revoke any power of attorney previously granted;and further
RESOLVED,that such power of attorney limits the acts of those named therein to the bonds, undertakings,recognizances,
or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the
manner and to the extent therein stated;and further
RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and
further
RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any
power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking,recognizance, or
other suretyship obligation of the Company;and such signature and seal when so used shall have the same force and effect as
though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any
person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have
ceased to be such at the time when such instruments shall be'issued.
IN WITNESS WHEREOF, the Company has caused these presents to.be signed and attested by its appropriate officers and its
corporate seal hereunto affixed this 26th day of April �2:_
-111 Attest Berkl Insurance Company
CC c
By
By ,
IrA.Ledeiman Je afwx
,,�." ...-.
Executive Vice President&Secretary Is ' c� resident
�°cawaw
STATE OF CONNECTICUT)
) ss:
COUNTY OF FAIRFIELD )
Sworn to before me, a Notary Public in the State of Connecticut;this 26th day of April 2022 ,by Ira S. Lederman
and Jeffrey M Ha$er who are sworn to me to be the Executive Vice J"residera Serrrettary, and Senior Vice President,
respectively,of Beddey Insurance Company. WIANC�TARY ICCEl1
CONNECTICUT
�'COMMISSION, � EXPIRES rater Public,State of Connecticut
CERTIFICATE
1,the undersigned,Assistant Secretary of BERKLEY INSURANCE COMPANY,DO BEREBY CERTIFY that the foregoing is a
true,correct and complete Copy of the original Power of Attorney;that said Power of Attorney has not been revoked or rescinded
an .tlrrt authority of the Attorney-in-Fact set forth therein,who executed the bond or undertaking to which this Power of
° cheA is in full force and effect as of this date.
It V der m y band and seal of the Company,this 13th day of Set r 2022
r Vmccnt'P.Forte
Increase PENALTY RIDER
, '
BOND NO.47-SUR-300042 1 4 -1) mlo'It
0246745(Berkley)
To be attached and form a part of Bond No.47-SUR-300042-01-0016/0246745,executed by
Berkshire Hathaway SpecialLy Insurance Company/Berkity insurance ComL)aay,as surety,on
behalf of NV2A Gulf Keystar,a Joint Venture :LLC as current principal of record,and in favor of
Monroe County Board of Lounty Commissioners,as Obligee,and in the amount of Five Million
Five Hundred Nineteen Thousand Six Hundred Fort y One And No1100($5,519,641.00).
In consideration of the agreed premium charged for this bond,it is understood and agreed that
Berkshire Hathaway Specialty I I nsura"ce ComL),any/BcrklSX Insurance Company.hereby consents
that,said bond shall be amended as follows:
THE BOND PENALTY SHALL BE Increased:
FROM: Five Million Five Hundred Nineteen Thousand Six hundred.Fort v One And No/1 00
($5,519,641.00)
TO: Ninety Seven Million Four HundreclTwenty Six Thousand Four Hundred Sixty Five And
No/100(122,426 46��
The Increase of said bond penalty shall be effective as of the 2411 day of October,2022,and does
hereby agree that the continuity of protection under said bond subject to changes in penalty shall
not be impaired hereby,provided that the aggregate liability of the above mentioned bond shall not
exceed the amount of liability assumed by it at the time the act and/or acts of default were
committed and in no event shall such liability be cumulative.
Signed,sealed and dated this 24"day of October 2022.
,Gulf Kg stark a Joint Venture LLC
Berkshire Hathaway S ecialt Insurance CoLap ny
y-
William Griffin,Attorney In Fact
Berkley-Insurance Coni)Nlp-y.
- i- ........'21
BY:
Z J.Nielson,Att rk,y In Fact
BERKSHIRE HIMHAWAy"SPECIALTY INSURANCE-COMPANY(BYLAWS)
ARTICLE V.
CORPORATE ACTIONS
EXECUTION OF DOCUMENTS:
Section 6.(b)The President,any Vice President or the Secretary,shall have the power and authority:
(1) To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company bonds and other undertakings,and
(2) To remove at any time any such Attorney-in-fact and revoke the authority given him.
NATIONAL INDEMNITY COMPANY(BY-LAWS)
Seetlon 4.Of ice _ ggn!s,�a�rd Ern�l�o+
A. The officers shall be a President,one or more Vice Presidents,a Secretary,one or more Assistant Secretaries,a Treasurer,
and one or more Assistant Treasurers none of whom shall be required to be shareholders or Directors and each of whom shall
be elected annually by the Board of Directors at each annual meeting to serve a term of office of one year or until a successor
has been elected and qualified,may serve successive terms of office,may be removed from office at any time for or without
cause by a vote of a majority of the Board of Directors,and shall have such powers and rights and be charged with such duties
and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the Board of
Directors;and the Board of Directors or the officers may from time to time appoint,discharge,engage,or remove such agents
and employees as may be appropriate,convenient,or necessary to the affairs and business of the corporation.
NATIONAL INDEMNITY PANTY(BOARD RESOLUTION ADOPTED AUGUST 6,2024)
RESOLVED,That the President,any Vice President or the Secretary,shall have the power and authority to(1)appoint Attorneys-
in-fact,and to authorize them to execute on behalf of this Company bonds and other undertakings and(2)remove at any time
any such Attomey-in-fact and revoke the authority given.
PLAT 10 N At.LIABILITY&F I RIRIhNSU RAN C'E COMPANY(BY LAWS)
ARTICLE IV
Officers
Section 1.Officers,Agents and Emplgyees:
A.The officers shall be a president,one or more vice presidents,one or more assistant vice presidents,a secretary,one or more
assistant secretaries,a treasurer,and one or more assistant treasurers,none of whom shall be required to be shareholders or
directors,and each of whom shall be elected annually by the board of directors at each annual meeting to serve a term of office
of one year or until a successor has been elected and qualified,may serve successive terms of office,may be removed from office
at any time for or without cause by a vote of a majority of the board of directors. The president and secretary shall be different
individuals. Election or appointment of an officer or agent shall not create contract rights. The officers of the Corporation shall
have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office
or as may be directed from time to time by the board of directors;and the board of directors or the officers may from time to
time appoint,discharge,engage,or remove such agents and employees as may be appropriate,convenient,or necessary to the
affairs and business of the Corporation.
NATIONAL LIABILITY&IwIRE INSURANCE COMPANY(BOARD RESOLUTION ADOPTED AUGUST 6,2014)
RESOLVED,That the President,any Vice President or the Secretary,shall have the power and authority to(1)appoint Attorneys-
in-fact,and to authorize them to execute on behalf of this Company bonds and other undertakings and(2)remove at anytime,
any such Attorney-in-fact and revoke the authority given.
BHSIC,NICO&NLF POA(2018)
BERIiSFINRE IIATIIAWAy' E IAL N INSURANCE C PANY(BYLAWS)
ARTICLE V.
CORPORATE ACTIONS
EXECUTION OF DOCUMENTS:
Section 6.(b)The President,any Vice President or the Secretary,shall have the power and authority:
(1) To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company bonds and other undertakings,and
(2) To remove at anytime any such Attorney-in-fact and revoke the authority given him.
NATIONAL INDEMNITY COMF"A (BY-LAWS)
5.ecbLon 4.4 fl�ic�. gents.arrd Employees:
A. The officers shall be a President,one or more Vice Presidents,a,-Secretary,-one or more Assistant Secretaries,a Treasurer,
and one or more Assistant Treasurers none of whom shall be required to be shareholders or Directors and each of whore shall''
be elected annually by the Board of Directors at each annual meeting to serve a term of office of one year or until',a successor
has been elected and qualified,may serve successive terms of office,may be removed from office at any time for or without
cause by a vote of a majority of the Board of Directors,and shall have such powers and rights and be charged with such duties
and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the Board of
Directors;and the Board of Directors or the officers may from time to time appoint,discharge,engage,or remove such agents
and employees as may be appropriate,convenient,or necessary to the affairs and business of the corporation.
NATIONAL N I*IINITy COMPANY,(BOARD RESOLUTION ADOPTED AUGUST 6,2024)
RESOLVED,That the President,any Vice President or the Secretary,shall have the power and authority to(1)appoint Attorneys-
in-fact,and to authorize them to execute on behalf of this Company bonds and other undertakings and(2)remove at any time
any such Attorney-in-fact and revoke the authority given.
NATIONAL LIABILITY&FIRE II'4 URANCE CQMPANy(BY-LAWS)
ARTICLE IV
Officers
Section 1.Officers, n and E SIgleev.
A.The officers shall be a president,one or more vice presidents,one or more assistant vice presidents,a secretary,one or more
assistant secretaries,a treasurer,and one or more assistant treasurers,none of whom shall be required to be shareholders or
directors,and each of whom shall be elected annually by the board of directors at each annual meeting to serve a term of office
of one year or until a successor has been elected and qualified,may serve successive terms of office,may be removed from office
at any time for or without cause by a vote of a majority of the board of directors. The president and secretary shall be different
individuals. Election or appointment of an officer or agent shall not create contract rights. The officers of the Corporation shall
have such powers and rights and be charged with such duties and obligations as usually are vested In and pertain to such office
or as may be directed from time to time by the board of directors;and the board of directors or the officers may from time to
time appoint,discharge,engage,or remove such agents and employees as may be appropriate,convenient,or necessary to the
affairs and business of the Corporation.
NA"TIO AL LIABILITY&FIRE INSSURa E COMPANY(BOARD RESOLUTION ADOPTED AUGUST 6,2014)
RESOLVED,That the President,,any Vice President or the Secretary,shall have the power and authority to(1)appoint Attorneys-,
in-fact,and to authorize them to execute on behalf of this Company bonds and other undertakings and(2)remove at any time"
any such Attorney-in-fact and revoke the authority given.
BHSIC,NICO&NLF POA(2018)
No.BI-282c-el
POWER OF ATTORNEY
BERKLEY INSURANCE COMPANY
WILMINGTON,DELAWARE
NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully.
KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly
organized and existing under the laws of the State of Delaware,having its principal office in Greenwich,CT,has made,constituted
and appointed, and does by these presents make, constitute and appoint: Charles J. Nielson; Charles D. Nielson; Joseph P.
Nielson; or Jarrell Merlucci of Acrisure, LLC dba Nielson, Hoover & Company of Miami Lakes, FL its true and lawful
Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all
bonds and undertakings,with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed One
Hundred Million and 00/100 U.S. Dollars (U.S.$100,000,000.00), to the same extent as if such bonds had been duly executed
and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons.
This Power of Attorney shall be construed and enforced in accordance with, and governed by,the laws of the State of Delaware,
without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following
resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010:
RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief
Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant
Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein
to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the
corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such
attorney-in-fact and revoke any power of attorney previously granted;and further
RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances,
or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the
manner and to the extent therein stated;and further
RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and
further
RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any
power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or
other suretyship obligation of the Company;and such signature and seal when so used shall have the same force and effect as
though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any
person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have
ceased to be such at the time when such instruments shall be issued.
IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its
corporate seal hereunto affixed this 25th day of March 2;20
Attest Berltl ,Insurance Company
"w � so
By o B
Ii ede'rrrtac Jr, after
Executive Vice President&Secretary 'Se i c� esident
STATE OF CONNECTICUT)
) ss:
COUNTY OF FAMFIELD )
Sworn to before me, a Notary Public in the State of Connecticut,this 25th day of March 202o ,by Ira S.Lederman
and Jeffrey K Halter who are sworn to me to be the Executive Vice President Secretary, and It Senior Vice President,
respectively,of Berkley Insurance Company. MARIA T0IRY "�
CONNECTICUr _
MY COMMISSION EXPIRES Ot ,Public,State Of Connecticut
APHIL 30.2024 ar +
CERTIFICATE
I,the undersigned,Assistant Secretary of BERKLEY INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing is a
true,correct and complete copy of the original Power of Attorney;that said Power of Attorney has not been revoked or rescinded
au4AhaT-thq authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to wtdct this. Power of
` AN s QL2_
hed,is in full force and effect as of this date.
Og
iatder my hand and seal of the Company,this 24th day of October
"il"2 2
tl �+ Vincent P.Forte �....,