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PERFORMANCE BOND SF 09548 .- r! I I THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document A311 Performance Bond Bond #SF 09548 KNOW ALL MEN BY THESE PRESENTS: that KONING CORPORATION, (Here insert full name and address or legal Itlle or Contractor) 8301 Joliet Street, Hudson, Florida 34667 as Principal, hereinafter called Contractor, and, REGENCY INSURANCE COMPANY, (Here Inser! full name and address or legal tille 01 Surety) Post Office Box 190, Hallandale, Florida 33008-0190 as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF CLEARWATER, (Here ;nsert full name and address or !egal Iille of Owner! Post Office Box 4748, Clearwater, Florida 34618-4748 as Obligee, hereinafter called Owner, in the amount of Seventy Six Thousand and no/lOO------ -------------------------------------------------------- Dollars ($ 76,000.00 ),. for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, KONING CORPORATION Contractor has by written agreement dated (Here insert full name, address and descriplion of project) December 12 19 89, entered into a contract with Owner for Structural Work, City Hall Roof, Clearwater, Florida in accordance with Drawings and Specifications prepared by (Here inser! full name and address or legal Iilie of Archilect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AlA DOCUMENT A311 . PERFOR."\ANCE BOND AND LABOR AND ~\AHRIAL PAYMENT ElOND . AlA @ fEBRUARY 1970 ED.' THE M.\ERICAN INSTITUTE OF ARCHITECTS, 1715 NY. AVE., N.W, WASHINCH)N, 0 C 20006 1 1t.. ~ .t I PERFORMANCE BOND I NOW, THEREFORE, THE CONDITIQN 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. REGENCY INSURANCE CQNP ANY, NED AT CLEARWA R FL I ~~ ~~~~J;_:~~ ;::- ~ -~ ~tJ:':<i- -r- ~l.-L~ =-(~~f~:'- ~ ~._~ ~ Barbara A. Lenz " _-+~'_'~ -,_At~:neY-in-fact Adrian P. LaPlante, Licensed Resident -. ~,. . r )'. Ag~ ~ - AlA DOCUMENT A311 . PERFORMANCE BOND AND lABOR AND MA TERIM PAYMENT' 6()NI.1-. AI1\ @ rERRUARY 1'17(1 In.. THE AMERICAN INSTITUTE OF ARCHITECT!i. 173S N.Y. AVE., N.W., WASHINGTON, D. C.20006 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 de- termination 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 succession of Signed and sealed this day of 26th w:tJ-4- (W;ln('~~) 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 expitation 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, adminis- trators or successors of the Owner. December 19 89 - --'" KONING CORPORATION -, I - ::?tsull;:-- 11/ at k-"'" II t11ff,K S TEVeAf!:O\1 (Til/d VlCE ?tze5t-,)erNT (SrJII 2 ... I I THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document A311 Labor and Material Payment BOndBond SF 09548 THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that 8301 Joliet Street, Hudson, Florida 34667 KONING CORPORATION, (Here insert full name and addrell or legal tille or Contractor) as Principal, hereinafter called Principal, and, REGENCY INSURANCE COMPANY, (Here insert full name and addrell or legal title of Surely) Post Office Box 190, Hallandale, Florida 33008-0190 as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF CLEARWATER (Here insert full name and address or le~al title of Owner) Post Office Box 4748, Clearwater, Florida 34618-4748 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Seventy Six Thousand and no/lOO----------------------------------------- ___________(l;Jer.e....iJuI:LLA...wm~lUL1l1...A1.Ju~L~nUlilL~L1bL_'an.trlli..Il.tis;~L__________j)o II a rs ($ 76 , 000 . 00 ); for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, KONING CORPORATION Principal has by written agreement dated December 12 19 89, entered into a contract with Owner for (Here insert full name, address and description of projecll Structural Work, City Hall Roof, Clearwater, Florida in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect! which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AlA DOCUMENT A311 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND . AlA @ FEBRUARY 1970 ED.' THE AMERICAN INSTITUTE OF ARCHITECTS, 173S N.Y. AVE., NW., WASHINGTON, D. C 20006 3 to" ,"'. LABol'AND MATERIAL PAYMEIT BOND NOW, THEREFORE, THE CONDITION OF THIS OBlIGA nON is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor 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 claimant 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 daimant, 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 suil 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 wrillen 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 Signed and sealed this day of 26th )Jt,kj~ (Wilncu) " COU~RWA~. . (W'~ ~ 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 ad- dressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the trans- action 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 Sollowing the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation em- bodied 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 permilled by such law. e) 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 sit- uated, 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 said improvement, whether or not claim for the amount of such lien be presented under and against this bond. December 1939, -:"~' -' ---.. ......."--~ , KONING CORPORATION 11;lf~ ~"P'IJ Mrl-~ "SfEVeN,50M (Tille} -...:;:, - . -..._.::-~,~: <> '.- IS..... I:' \J l (:6 f>~ I iX="7'-I. r REGENCY INSURANCE GQMPAUX I - -_.(~_u:t'.~~<Oo c /- ~- :.:<; -:: ':'l -:: Oo', :~ E L - C~\::-~'":" :;:--- Barb:;; A. Le;~" Oo^~Ootf;~,neY-in-fact ~ . ~ :. Oo:' . . \-1 IS.,.I/ Adrian P. LaPlante, Licensed Resident Agpnr AlA DOCUMfNT A311 . "(RrORM^NCE BONO AND LABOR ^ND M^lERIM r^YMrNT BOI-W . ^IA @ FEBRUARY 1970 EIJ.. THE AMERICAN INSTITUTE OF ARCHITECTS, 17 IS N.Y. AVE., NW.. WASHING.ION..[),C. 2(100(. 4 .. '," i\ I I y IMufance Compan HOME OFFICE: HALLANDALE, FLORIDA KNOW ALL MEN BY THESE PRESENTS: That Regency Insurance Company, a corporation of the State of Florida, by Stephen L. Riemer, President, and Herbert Adler, Secretary, In pursuance of authority granted by Article III. Section .. of the By-Laws of said Company, which reads as follows: "The Preslden!. or Iny one 0' the Y1ce-Prnldentl.1h1l1 hive power. by .nd with tht concurrence of the Secteterv. 10 .ppolnt Attornevl-ln- Fect u the bUlln... 0' the Compeny mey NqUI,.. or to euthorlze Any person or penonl 10 e.ecute on behe" 0' Ihe Company any bondl. uncterteklngs, reeoonlllnc... Itlpul.tlonl, poIIcl.., contreetl, egreemen.., d.... end ....... end ItIlgnment 0' Judgmenll, deer.... mortgeglt .nd Inllrumenll In the nature of morta....., .nd.IM.1I other Inltrumen" .nd documentl which the butineee of the Company may 'lqulre,.nd to 1"1. the leel of the Compeny thereto." does hereby nomlnate,conetltute and appoint Adrian P. LaPlante, Michael A. LaPlante, Mary E. LaPlante, Barbara A. Lenz It I true and lawful a"omey, for It and In It. name, place, and .tead to execute on beha" of the aald Company a. lurety, aU banda, undertakings and contracts of luretyehlp In the amount not to exceed: TWO II U N D RED F 1FT Y T II 0 USA N D AND QO/IOQ------------DOLLARS ($250,000.DO) Company, as fully and amply, to all Intents and purposes, as If they has been duly executed and acknowledged by the regularly elected officers of the Company at Its office In Hallandale, Florida, In their own proper persons. The 1.ld Secret.,y dolt hereby certify thlt the Iforegotng II I true copy of Article III. Section 4, 0' the By-LI" of IIld Company, .nd II now In force, ~.-.-.- IN WfTNESS WHEREOf, the IIId P...ldent and s.crea.ryhl ~~ I." their .........nd amud the Corporation Seelofthellld Reoency IneurenceCompany, thle 8th day of December,tlM. d o"~'~O~", C, ~ .00 "i,)'. 0 IJ.J :0 ~.. ~ (-,: SEAL :"tl w: ::b ~a:: 1983 : ~ ATTIIl: y ~ ,4 . . '(' I. "'~:OR\Qo?-.'" . . . . .' By: ) n: ) Sec..t.ry .. STATE OF FLORIDA CITY OF HALLANDALE .-' On thll 5th day of December. A.D., tll4. befOfe the lUblc:riber, I Notery Public of the St... 0' FlorIda, duly commlllloned end qujllfled. CAme the .bove nemed Preeldent end s.cretery of Regency lnaurance Compeny to me penonllly known to be the Indlvldu'" end ofticert dltcribed In end who executed the preceding Inltrument, Ind they eech eckno'Wledged the execution 0' the lime. .nd b4t1ng by me duly lworn. =.:"cIna and .eec:tI tor hImMIf depoeeth ....d IIlth, th.t they I" the MId o"lce.. of the Company .fOf'ltlld, .nd thllt the "II em.ed to the ,"*lotfMfIt Ie the Corporete Sell of IIld Com!i.1Imf IhMtbe Corporate Sell end their IIgnAturee II IUch o"lce.. we,. duly eftlxed end IUtIacribed to the MId lnetrument by'the luthorlty ~ort ,.,~ MId Corporlltlon. wrm:. TUT1MONY WHEREOF, I ... heNunto ..t~, .0.. '-~'w' ..p OffIcial....... the CIty of H....nd.... the day.nd yMr fl....1Ibowe ( ~ ( N::'~'Y "j ~;, ~-l/ \ " PI I L; L"': NcIIiIry ""*' COllI mill Inn EJIIIhd.. '4, ,... \ .. .... 'Ca'~ -.1.> '" .' .. I \ . ~ ~ . . . . . I, the underllgned, SecretAry of .....ncv 1nIur~~, do'~ certify thlt the originAl Power of Attorney of which the 'oregolng II I full. lru. end coned copy. II In full forcI end effect on thi __ illhiiI ~: Ind I do further Clftlfy thIII the PNlIdent .-he) e.eeuted the IIld ~r of AUomey WIIlpldllty lUthorIzed by the 8Hrd of DIreceorI to........ MY Attorney+Fect.. prcMdec' In ArtIc""I, Section .., of the By- La.. of the ~ lneurlnee Compeny. Thll Certlflclte mey be Ilgned by feellm'" under eny by luthortiy of Ihe foil, 1owM.. reeotutlon of the Baerd of D1rectora of Aegency InIUr1Ince Company lit . meeting duly celled end held on the ..., _ of 0ec*II*; t.... . neaolvect: "ThIll the flCllmlle or rnechlnlcalfr ....,.tuc.d' ~ of'~ 8ecf"'y of the Compeny, whether made """0'0.. or h....her. wherever appeertng upon I eertIIed cop)' of My ,..., of.......,....... ttr the Compeny, ..... be vllld end binding upon the Company wfth the lime force end effect .. thouIfI 1Mnu.tv ........ . . \. " 1~:cE:~~~~NY WHEREOf. I ~ beteunto euMcftbed my ..... ind Iffl.edthe Corpor... Sell of the MId Company. thll 26t 8ev of 1t~, . I I ;,..../..!~.~.."A,~,.......... Sec..tary