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Performance & Payment Bond (i) . , Bond No. R007S?1 PERFORMANCE & PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That, ALONZO COTHRON, INC. as Principal, hereinafter INSURANCE COMPANY the laws of the State of office in CINCINNAIT the Surety, are held and firmly bound OF MONROE COUNTY, FLORIDA as Obligee, hereinafter called the Obligee, in the just and full sum of ONE HUNDRED NINETY FOUR THOUSAND SIX HUNDRED EIGHTY NINE AND NO/lOa-- Dollars, ($194,689.00 ), to the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, their respective heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. called the Principal, and AMERICAN DRUGGISTS I a corporation organized and existing under OHIO with its principal , as Surety, hereinafter called unto BOARD OF COUNTY COMMISSIONERS Whereas, the Principal has entered into a certain written contract with the Ob ligee, da ted the 19th day of March 19 82 for Duck Key Bridge #2, Renovations & Upgrading Now, Therefore, the condition of this obligation is such that, if the Princip&l shall faithfully perform all of the obligations of the Principal under tte contract, and shall fully indemnify and save harmless the Obligee from &11 cost and damage which the Ohligee may suffer by reason of the failure to the Principal so to do and shall fully reimburse and repay the Obligee all reasonable outlays and expense which the Obligee may incur by reason of such failure; and shall pay all persons who have contracts directly with the Principal for labor or materials in the performance of this contract, subject to the Obligee's priority, then this obligation shall be null and void, otherwise it shall 'remain in full force and effect. The foregoing obligation, however; is limited-by the 'following express conditions, the performance of each of which shall be a condition precedent to any right of claim or recovery hereunder. 1. In the event of any default on the part of the Principal, a written statement of the particular facts showing the date and nature of such default shall be given by the Obligee to the Surety as promptly as possible after such default has become known to the Obligee, and shall be forwarded by registered mail to the Surety as its Home Office. 2. If the Principal shall fail to comply with the prov~s~ons of the contract to such an extent that the contract shall be forfeited, the Surety will have the right and opportunity to assUme the remainder of the contract and at its option to perform or sublet the same. 3. No action, suit or proceeding shall be had or maintained against the Surety on this instrument- unless the same be brought or instituted and process served upon the Surety within twelve (12) months after completion of the work specified in said contract, whether such work be completed by the Principal, Surety or Obligee; but if there is any maintenance or guarantee period provided in the contract for which said Surety is 1i~bile, and action for maintenance may be brought within three (3) months from the expiration of the maintenance period, but not afterwards. Signed and sealed this 19th day of March _.LD. 19 82 ALONZO COTHRON. INC. (Sea 1) ~~.. /. hL-{~ TIT~E if~ (Seal) // ,/ FLORIDa RESIDE T AGENT D. W. MATSON, JR. - -J , j _' I r r _ . - POWER OF A TIORNEY POWER NUMBER . . THE AMERICAN DRUGGISTS' INSURANCE COMPANY 800 American Building . Cincinnati, Ohio 45202 . 513 - 721-4270 SP NQ 8007523 KNOW ALL MEN BY THESE PRESENTS THE AMERICAN DRUGGISTS' INSURANCE COMPANY, a corporation duly organized under the laws of the State of Ohio, and having its general office in the city of Cincinnati, Stato of Ohio, has made, constituted and appointed, and does by these presents, make, constitute and appoint Thomas H. Fairfield, George M. Hock, or Ronald L. Risdon Minneapolis, Minnesota of its true and lawful Attorney-in-Fact with full power and authority hereby conferred to sign and deliver in its behalfas Surety, any and all kinds of Surety Bonds, except as limited hereon, and to bind THE AMERICAN DRUGGISTS' INSURANCE COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of THE AMERICAN DRUGGISTS' INSURANCE COMPANY and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed, provided that the liability of the Company as surety on any such bond executed under this authority shall not exceed Two Hundred Fifty Thousand Dollars THIS POWER VOID IF ALTERED OR ERASED OR IF POWER NUMBER IS NOT IN BLUE INK. (This power does not authorize the execution of bonds for loan, financial or bank guarantees.) The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any poweJ of attorney granted, and the signature of the Assistant Secretary and the seal of the Company rnay be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsilJ1ile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. THE AMERICAN DRUGGISTS' INSURANCE COMPANY further certifies that the following is a true and exact copy of a resolution of the Board,of Directors of THE AMERICAN DRUGGISTS' INSURANCE COMPANY, duly adopted and now in force, to wit: All Bonds of the corporation shall be executed in the corporate name of the Company by the President, any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, or any Assistant Secretary may appoint Attorneys-in-Fact or agents who shall have authority to issue bonds in the name of the Company. All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of July 1 ,19 82 , but until such time shall be irrevocable and in full force and effect. IN WITNESS WHEREOF, the said THE AMERICAN DRUGGISTS' INSURANCE COMPANY has caused these presents to be execut- ed by its officer, with its corporate seal affixed, this date of M-"r<,h 1 9 , , I9-8.L. /~~-i:~ij~-~'-;i.~i"", ;<<"1:' _..lJt~ :-: .t06 :....~ ~ ~:n IE.l I oJ;: ~ ~, 'A .'~~I .~~:~ ! '\ ",.~.:?~~~.\..'.~ "'.::' lit,""...... .,............~_,.~.... THE AMERICAN DRUGGISTS' INSURANCE COMPANY STATE OF OHIO COUNTY OF HAMILTON ~. ~ ) ) By SS: President On this t1arch '- 9. ,19 82 , before me, a Notary Public, personally appeared Gordon M. Barker who being by rne duly sworn, acknowledged that he signed the above Power-of-Attorney as an officer of the said THE AMERICAN DRUGGISTS' INSURANCE COMPANY and acknowledged said instrument to be the voluntary act and deed of the corporation. My commission expires: January 15, 1985. Ihta;~ 9- V~L;;c. Notary Public If you have any questions concerning this power call 513-721-4270 for verification.