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Construction Bond 1/7/25,2:51 PM Landmark Web Official Records Search Doe#2483675 Bk#3303 Pg#2433 Recorded 12/16/2024 at 10:53 AM Pages 4 Filed and Recorded in Otlicial Records of MONROE COUNTY KEVIN MADOK REC: $35.50 Public Construction Bond No.GS26300007 PUBLIC CONSTRUCTION BOND Project Name'ARTIFICIAL REEF MATERIALS DEPLOYMENT TO GULFSIDE TEN (10)MILE REEF Scope:ARTIFICIAL REEF REMEDIATION, MOBILIZATION, AND DEPLOYMENT KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Section 255.05, Florida Statutes, we, BISCAYNE TOWING & SALVAGE, INC. ,as Principal, hereinafter called "Contractor,"with principal offices located at 300 ALTON ROAD, STE. 210, MIAMI BEACH, FL 33139 and principal phone number 305-358-1486 , and THE GRAY CASUALTY&SURETY COMPANY , as "Surety," are bound to the Monroe County, Florida, as Obligee, hereinafter called "County," in the amount of FOUR HUNDRED FORTY THOUSAND & 00/100 Dollars ($440,0 00.00) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally. WHEREAS, Contractor has by written agreement with the County entered into a Contract for ARTIFICIAL REEF MATERIALS DEPLOYMENT TO GULFSIDE TEN (10) MILE REEF, a contract establishing the terms and conditions of MONROE COUNTY, FL , benefiting the County and signed the 16TH day of OCTOBER, 2024, to complete deploymenticonstruction of the Artificial Reef Materials Deployment to Gulfside Ten (10) Mile Reef in accordance with specifications prepared by Monroe County, Florida, and the drawing (plans)submitted as part of Monroe County, Florida and FWC Joint Application Number SAJ- 2024-00133 for issuance of Gulfside Ten Mile Reef Permit from U.S. Army Corp of Engineers (dated 2/16/2024)made part hereof,and which all such contract documents are by reference incorporated herein and made apart hereof, and is hereafter referred to as the Contract. THE CONDITION OF THIS BOND is that if the Contractor: 1. Fully performs the Contract between the Contractor and the County for construction of the Artificial Reef Materials Deployment to Gulfside Ten(10)Mile Reef--Monroe County's Request for Proposals No. 568("RFP-568"), in the time and manner prescribed in the Contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the Contract; and 3. Indemnifies and pays County all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of Contractor), expenses, costs and attorney's fees, including appellate proceedings, that County sustains because of a default by Contractor under the Contract; and 4. Upon notification by the County,corrects any and all defective or faulty work or materials which appear within one(1)year after final acceptance of the work; and 5. Performs and guarantees all work and materials furnished under the Contract for the time specified in the Contract, then this Bond is void, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. Whenever Contractor shall be, and declared by County to be, in default under the Contract, the County having performed County's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the required performance under the Contract in accordance with its terms and conditions,therein; or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions of 1 https://or.monroe-clerk.com/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaDocuments&quickSearchSelection=# 1/4 1/7/25,2:51 PM Landmark Web Official Records Search Doc.#2483675 Page Number:2 of 4 Public Construction Bond No. GS26300007 the Contract, and upon determination by County and Surety jointly of the best, lowest,qualified, responsible and responsive Bidder, arrange for a contract between such Bidder and County, upon the same terms and conditions unless otherwise agreed by County, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price. The term"balance of the Contract Price,"as used in this paragraph, shall mean the total amount payable by County to Contractor under the Contract and any amendments thereto, less the amount properly paid by County to Contractor. Any action instituted by a claimant under this Bond for payment must be instituted in accordance with the notice and time limitations provisions prescribed in Section 255.05(2) and (10), Florida Statutes, as may be amended. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's obligation under this Bond. Signed and sealed this 19TH day of NOVEMBER, 2024. WITNESSES: PRINCIPAL: BISCAYNE TOWING &SALVAGE, INC. (Na a of Corporatio ) Secreta /J By; (Si ature a itle) (CORPORATE SEAL) �1 y� )A 1 1 ) , (Type Na a and Title signed a ove) STATE OF_ LL ) SS: COUNTY OF -perk ) The foregoing instrument was sworn to/affirmed and acknowledged before me by means of fr physical presence or ❑ online notarization, this tot day of No\] , 20DLJ by o , President [or Authority Title] of Biscayne Towing & salvage, Inc., a Florida Corpo ation. He/She is ersona now to me/or has produced (type of identification)as identification. ��_ CL—, I Sig a ure of Notary Nblic L3� "W\l& VkD(A ocz (Print&Stamp mmissioned Name of Notary Public) ;ha.>�8,, STEFANY NICOLE MARTINEZ _Notary Public-State of Florida o Commission#HH 88161 � ��. My Commission Ex ires 2 ' March 29,2025 https://or.monroe-clerk.com/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaDocuments&quickSearchSelection=# 2/4 1/7/25,2:51 PM Landmark Web Official Records Search Doc.#2483675 Page Number:3 of 4 Public Construction Bond No.GS26300007 IN THE PRESENCE OF: SURETY COMPANY: THE GRAY CASUALTY&SURETY COMPANY 1 By: _ Witne me - ac D.W. MATSON III - Witness Printed Name of Agent/Attorney-in-Fact Address: 700 SOUTH DIXIE HIGHWAY,SUITE 100 (Street) CORAL GABLES, FL 33146 (City/State/Zip Code) Telephone No.: (305)662-3852 STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) Before me,a Notary Public duly commissioned and qualified,appeared: D.W.MATSON III by❑physical presence or ❑ online notarization, who being by me first duly sworn upon oath says that s/he is the Attorney-in-Fact for the THE GRAY CASUALTY&SURETY COMPANY and that s/he has been authorized by THE GRAY CASUALTY & SURETY COMPANY to execute the foregoing Public Construction Bond on behalf of the Surety named therein in favor of the County. Subscribed and Sworn to before me this 19TH day of NOVEMBER , 2024. LAURAHERN MUprl"—'e/e5e� • • commUlon 8 HH 575M EcpkeakVjd27,2M Notary Public, State of FLORIDA My Commission Expires: AUGUST 27, 2028 3 https://or.monroe-clerk.com/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaDocuments&quickSearchSelection=# 3/4 1/7/25,2:51 PM Landmark Web Official Records Search Doc.#2483675 Page Number:4 of 4 Matson-Charlton Surety Group 11/19/2024 11:32 1180344055289 THE GRAY INSURANCE COMPANY THE GRAY CASUALTY&SURETY COMPANY GENERAL POWER OF ATTORNEY Bond Number:GS26300007 Principal:TBISCAYNE TOWING&SALVAGE,INC. Project: ARTIFICIAL REEF MATERIALS DEPLOYMENT TO GULFSIDE TEN(10)MILE REEF KNOW ALL BY THESE PRESENTS,THAT The Gray Insurance Company and The Gray Casualty&Surety Company,corporations duly organized and existing under the laws of Louisiana,and having their principal offices in Metairie,Louisiana,do hereby make,constitute,and appoint:D.W.Matson,,Hl and John W Clliarlton of Coral Gables,Florida jointly and severally on behalf of each of the Companies named above its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its deed,bonds,or other writings obligatory in the nature of a bond,as surety,contracts of suretyship as are or may required or permitted by law,regulation,contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of$25,000,000.00. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty& Surety Company at meetings duly called and held on the 26"day of June;2003. "RESOLVED,that the President,Executive Vice President,any Vice President,or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings,and all contracts of surety,and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney,and to attach the seal of the Company;and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto,by facsimile,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond,undertaking or contract of surety to which it is attached. IN WITNESS WHEREOF,The Gray Insurance Company and The Gray Casualty&Surety Company have caused their official seals to be hereinto affixed,and these presents to be signed by their authorized officers this 4"day of November,2022. �! MichaelT.Gray Cullen S.Piske 5' ? SEAL sQ t SEAL BY_ President President �1 y �,r The Gray Insurance Company The Gray Casualty&Surety Company State of Louisiana ss: Parish of Jefferson On this 4th day of November,2022,before me,a Notary Public,personally appeared Michael T.Gray,President of The Gray Insurance Company,and Cullen S.Piske,President of The Gray Casualty&Surety Company,personally known to me,being duly sworn,acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of,and acknowledged said instrument to be the voluntary act and deed,of their companies. �Am � Leigh Anne Henican Notary Public Notary ID No.92653 Leigh Anne Henican Orleans Parish,Louisiana Notary Public,Parish of Orleans State of Louisiana My Commission is for Life I,Mark S.Manguno,Secretary of The Gray Insurance Company,do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies,_which is still in full force and effect.IN WITNESS WHEREOF,I have set my hand and affixed ythe esseals of the Company this 19TH day of NOVEMBER 2024 I;Leigh Anne Henican,Secretary of The Gray Casualty&Surety Company,do hereby certify that the above and forgoing:is a true-and correct copy of a Power of Attorney given by the companies,which is still in full force and effect.IN WITNESS WHEREOF,I ha3e5e-i4 hand and affixed the seals of the Company this 1r8TTH�day of NOVEMBER 2024 ty/,�'I hnn/�QVVVI l.v„ \ SU,RAa(' 1p {SEAL .io _ _ ;rSEAL 3 https://or.monroe-clerk.com/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaDocuments&quickSearchSelection=# 4/4