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PERFORMANCE BOND 458-96-49- $15000 WITH POWER OF ATTORNEY [ (, '~'t.,! 458 96 49 BOND No. .............................. I~ I Performance Bond (NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON PAGE 2, IN FAVOR OF THE OWNER CONDITIONED FOR THE PAYMENT OF lABOR AND MATERIAL.) THE HARTFORD ~ Know All Men By These Presents: . That .... ?~.~.~~ ~.~.~... ~~~ ~ Y.~.~ 1. ~g.~... r~ ~...,~.. .?~.~.. .~.~.~~~ ~.. .~.l?~. r.~.~.. ,q ~ ~~.~.?. .f.~. ~t~ .~?.... .~.~.??~................................ (Here insert the name and address, or legal title, of the Contractor) as Principal, hereinafter called Contractor, and the...........~.~.~.~f.~)':'.~...f.~.)':'~...~~.~~!.'.~.~.~.~..~?~.P?:~y....................... a corporation organized and existing under the laws of th~ State of..................P.~.~~~.~.~.~.~.~............................. . with its principal office in the City of ..................~I.~.r.~t~t~~.....~.~.~.~~~.~.~.~.~....................... as Surety, hereinafter called Surety are held and firmly bound unto......~.1.~y...~.f...~J.~.~t~~~~.r:.?............................................................................ P. 0.' Sox 4748 Clearwater Florida 33518 ..............................~.........................~..................................,..........,....................... ............................................................. (Here insert the name and address, or legal title, of the Owner) . . ft I dO' h f Fi fteen Thousand and No/lOO---------------- as Obligee, herelna er ca Ie wner. In t e amount 0 ................................................................................................ -:.-:.-:.:-.:-::-: .-:.-:.:-.:-: :-::-:.-:.-:.:-.:-::-:.-: :-:.-:.-:.:-.:-::-: .-:.-:.-:.:-.:-::-: .-::-:.-:.:-.:-::-: .-:.-:.-:.-:.:-::-: .-::....-:.:-.:-::-: .-:.-:.:-.:-.:-:.-: .-:.-:.:-.:-::-:.-: .-:. Dollars ($.. V? ~.qq9.~ 9.9.-:.-:.:-::-::-: :....-:.), for the payment whereof Contractor' and Surety bind themselves. their heirs, executors, administrators. successors, and assigns, jointly and severally, firmly by these presents.. oc.. Whereas, Contractor has by written a~reement dated ...............N..<?.Y.~l)')~~t.J.?.,...J~.~~,......................................... /~ entered into a contra~ with Owner fo~~~.g.1.~...~.~.t.~.~~~..JITIPr.9.Y.~.ITI~!').~.~............L'~,...{r.d...?K:z:......~~'.??..... . rh .......... .,tUi.? (/.... ./..s.. .~.../ 7..!.f...... ~/.~~~...... Q.- ~ ~/.!.lo. r.:. /. ).~:.. .j/.. M(!(~e,~.. E.( /.'d TC'... .,//,:,:~I:.~!~~... .kS . in accordance with drawings and specifications prepared by....................................................................................... (Here insert full name. title and address) ......................................................,..................................................................................................................................... which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. Now, Therefore, the condition of this obligation is such that, if Contractor shall promptly and faithfully perform said CONTRACT, then this obligation shall be null and void; otherwise it shall remain in full force and effect. . The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be. and declared by Owner to be in default under the CONTRACT, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the CONTRACT in accordance' with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects. upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner. and make available as Work progresses (even though there should be a default or a success- ion 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; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph. shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto. less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the CONTRACT falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs. executors. administrators or successors of the Owner. Signed and sealed this 21st day of November A. D. 19 88 COUNT BY: J PRINCIPAL Name Suncoast Signature (Corporate Seal) < ~- . ---- ~ ~- Witness (If Individual/Partnership) Atte,~ po~ation~ Pra$, .,.sr (Corporate Seal) Attest Company Attorney-in-fact Resident Agent / j' ,-, C'I, Form 5-3213-5 Page 1. Printed in U.SA,./ --[/ r ;: (A.I.A. Form - Document No. A-311, February. 1970 Edition Approved by The American Institute of Architects) 1/' c:: ) 458 96 49 BOND No. .............................. . i- ~ I I Labor And Material Payment Bond (NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND ON PAGE 1, IN FAVOR OF THE OWNER CONDITIONED FOR THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT.) THE HARTFORD ~ KNOW ALL MEN BY THESE PRESENTS: That.. ..?~ ~~.<?~.? ~.. ~~.~.~Y. ~ ~.i. .~.g.~....~ ~.~.: .~... ~ ~ .~.. .~~ ~~.~.~... ~~~r.~~... q.?C?~ ~ .'... r~C? r.~. .~.~..... ~~~.~.o................................. (Here insert the name and address, or legal title, of the Contractor) as Principal, hereinafter called Principal, and the..........~.9-.r.tfqr.9...f~.r.~..)!')~.l:I.r~.rS~...~.9.rnp~!').Y......................., a corporation organized and existing under the laws of the State of...............~9!1D~.c;:JJ.~~t.............................. , with its principal office in the City of .................~~r.t.f.9.r:9.,...~.9.!1!1~.c;:Ji.~~.t......................., as Surety, hereinafter called ~~re~: aB~xh~~ 4Snd ~l~~ re~t~dr un~l'(jr~ ~~Y.. 'j~5'rl~'~r:w.~.t.~.r."..,....................... ........,........ ................................. ................................t........................ .s............................................................................................................................ .... (Here insert the name and address, or legal litle, of the Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of ... f .i. tt.~.~!').. T.~.9.~ ~ ~D.~.. .~~~.. .~.9/~. Q9.-:.-:.-:.:-.:-::: .-:.-:.-:.:-::: :-:.-:.-:.:-.:-:.-: .-::-:.-:.:-.:-::: .-:.-:.-:.:-::-:.-: .-:...........:-::-: .-:.-:.-:.-:.:-::-::-: .-:.-:.-:.:-.:-::-:.-: :.....-:.-:.:-::-::: .-:.-:. (Here Jnsert a sum equal to at least one-half of the contract price) .-:.-:.:-::-: :.....-:.-:......:-::: .-:.-:.-:.:-.:-::-: :-:.-:.-:.-:. -:: -::.-: :-::..........:-::-::: :~."".-:.:-::: .-.-.-::-:...... -:::: .-'-:-::-:."".:-::-: :::-:.""."".:: ::.-'-.-'-."".:-::-::: .-'-.-'-.:-. Dollars ($)..~.. OO.Q. ,.00:-::::: .......-.-.-.-.:: 1, for the payment whereof Principal, and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. Whereas, Principal has by written a~reement dated....r.......~.~~~!l.1.~.~.:...~~.!..}.~~~.L...................................../~~A ent~red into a contract with Owner for ......~.g.1.~..~.~.~.~~~.~.....~p.r.~.Y.~.~~~.~.?..........Ct?:~&...?.-~r.......P~).?.... (f'i! . .IV.? t!.... /.~ .~1.,.../7'4:...... .47: f!!..'!~...... ~/~u:."!/t;{:r:. .~rc:.... ./.d~:.....A. .c.~f:C:... cLT.4::iC..... .//f~<~~~ . d 'th d' d 'f' t' d b /I;rJ In accor ance WI rawlngs an specllca Ions prepare y....................................................................................... . .........................................................................................................................................................................................., (Here insert full name, title and address) which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. Now, therefore, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the perfor- mance of the CONTRACT, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a sub-contractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the CONTRACT. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claim- ant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant, (a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: The Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date on which Principal ceased work on said CONTRACT, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against 6' said improvement, whether or not claim for the amount of such lien be presented under and against this ::s _ bond. ~ (j') Signed and sealed this 21st day of PRINCIPAL Name Suncoa Signat By: Type Name and Title O~C fZ... 03 (!p,.t..e5 ("..." SURETY Name November kD. 1988 Witness (If Individual/Partnership) e Sealf- - / ::.~~ ~' (Corporate Seal) Attest 0- ro ~ c+ ~ (.Q ro ~ c+ Attorney-in-fact Form S-3213-5 Page 2 Printed in U.SA (A.IA Form - Document No. A-311. February, 1970 Edition. Approved by The American Institute of Architects) . .; ,.,. 0- -." ' !. t HARTF~Jo FIRE INSURANCE C~MPANY Hartford, Connecticut POWER OF ATTORNEY Know all men by these Presents, That the HARTFORD FIRE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Connecticut, and having its principal office in the City of Hartford, County of Hartford, State of Connecticut, does hereby make, constitute and appoint RICHARD D. FERGUSON, AUGUSTINE F. WOLFE, D. A. VALENTI, STEPHEN E. SCHURR, DENISE A. MADDEN and ROBERT TROBEC of TROY, MICHIGAN its true and lawful Attorney(s)-in-Fact, with full power and authority to each of said Attorney(s)-in-Fact, in their separate capacity if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies; guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed, ------------------------------------------..:...----- -- -- -- -- -- -- ---- -- -- -- and to bind the HARTFORD FIRE INSURANCE COMPANY thereby as fUlly-iri"d to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof. This power of attorney is granted by and under authority of the following provisions: (1) By-Laws adopted by the Stockholders of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held on the 9th day of March, 1971. ARTICLE IV SECTION 8. The President or any Vice-President, acting with any Secretary or Assistant Secretary, shall have power and authority to appoint, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more Resident Vice-Presidents, Resident Assistant Secretaries and Attorneys-in-Fact and at any time to remove any such Resident Vice-President, Resident Assistant Secretary, or Attorney-in-Fact, and revoke the power and authority given to him. SECTION 11. Attorneys-in-Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company thereto any and all bonds and undertakings and other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested by one other of such Officers. (2) Excerpt from the Minutes of a meeting of the Board of Directors of the HARTFORD FIRE INSURANCE COMPANY duly called and held on the 11th day of June, 1976: RESOLVED: Robert N. H. Sener, Assistant Vice-President, shall have as long as he holds such office the same power as any Vice- President under Sections 6, 7 and 8 of Article IV of the By-Laws of the Company. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu- tion adopted by the Directors of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held on the 6th day of August, 1976. RESOLVED, that, whereas Robert N. H. Sener, Assistant Vice-President, acting with any Secretary or Assistant Secretary, has the power and authority, as long as he holds such office, to appoint by a power of attorney, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more Resident Vice-Presidents, Assistant Secretaries and Attorney- in-Fact; Now, therefore. the signatures 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 certifit;ate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any si.Jch power so executed. and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. In Witness Whereof, the HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Assistant Vice-President, and its corporate seal to be hereto affixed, duly attested by its Secretary, this 18th day of March 1988, Attest: HARTFORD FIRE INSURANCE COMPANY Robert J. Mathieu Secretary STATE OF CONNECTICUT, .-.//~ /'(:hA' / #t ~ Robert N. H. Sener Assistant Vice-President COUNTY OF HARTFORD, On this 18th day of March, A.D. 1988, before me personally came Robert N. H. S~ner, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice-President of the HARTFORD FIRE INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation: that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. ~ ss COUNTY OF HARTFORD, Jacqueline T. Derosiers, Notary Public My Commission Expires April 1, 1993 I, the undersigned, Assistant Secretary of the HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore, that the Resolutions of the Board of Directors, set forth in the Power of Attorney, are now in force.. Signed and sealed at theCity of Hartford. ~ss ~ /L- . I....'. ~~ STATE OF CONNECTICUT, CERTIFICATE Fnrm !,;-~507-4 (HF\ Printprl in II S A day of Np~ IIr19 88 David A. Johnson A.~,~isfRnt Spr,mfarv