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874-Core Construction Group - Public payment bond 1,...,1 HIll III II IH 111111111111 1111111111111111111111 ~~ ~ ~ / G MARYANNE tlORSE, CLERK CF CIRCUIT COURT SEMINOLE COUNTY BK 06622 Pgs 1065 - 1068; (4pgs) CLERK'S # 2007038338 RECORDED 00/13/2007 12:22:50 PM RECORDING FEES 35.50 RECORDED BY T Smith f[ FRONT PAGE OF PUBLIC PAYMENT BOND Florida Statute 255.05 BOND NO. 581542P CONTRACTOR: o 't'----' Core Construction Group, Inc. 1126 S. Division Ave. Suite C Orlando, FL 32805 407-428-9566 SURETY: Developers Surety and Indemnity Company PO Box 19725 Irvine, CA 92623 949.,263-3344 AGENT: Nielson, Wojtowicz & Associates, Inc. 33 6th Street South, Suite 700 St. Petersburg, FL 33701 (727) 209-1803 OBLIGEE: City of Sanford 300 N. Park Avenue Sanford, FL 32772 407-330-5680 PROJECT: Annual Contract for Construction and Repair of Concrete Items .- .., CF!~riHfO copy MtRYANN~~ MORSE ClERI< OF Ci:1GtJIT COuRll SEM' cU. FLORI ~y Bond No. 581542P IFB 06/07-1 Construction and Repair of Concrete Items THIS INSTRUMENT WITNESSETH: That we, Core Construction Group, Inc. 1126 S. Division Ave. Suite C Orlando, FL 32805 as Principal, odXx and Developers Surety and Indemnity Company located in the State of California , a corporation organized and existing under and by virtue of the laws of the State of . Iowa and regularly authorized to do business in Florida , as Surety, are held and firmly bound unto the City of Sanford, Sanford, Florida, herein after called the City, in the penal sum of Fifty thousand dollars and no/cents fi 50,000.00), , lawful money of the United States, well and truly to be paid unto the said City, for the payment of which we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal has entered into a written Contract with the City dated January 17, 2007 , for the construction of the work designated as construction and Repair of Concrete Items located in Sanford, Florida, in conformity with the Contract Documents, General Requirements, and the Specifications hereby referred to and made part hereof the same to all intents and purposes as if written at length herein, in which Contract the said Principal has contracted to perform the work specified in said Contract in accordance with the terms thereof; NOW THEREFORE, the condition of this obligation is such that if the Principal shall faithfully perform the contract on his (its) part, and satisfy all claims and demands incurred by the Principal in the performance of said Contract, and shall pay all obligations arising thereunder, and shall fully indemnify and save harmless the City from all cost and damage which the City might suffer by reason of the failure of the Principal to do so, and shall fully reimburse and repay to the City all costs, damages, and expenses which the City may incur in making good any default by the Principal, including any default based upon failure of the Principal, to fulfill his obligation to furnish maintenance, repairs, or replacements for any period of time after the work is completed, if provided for in said Contract, and shall promptly make payment to all persons supplying labor or materials for use in the prosecution of the Work or the performance of the Contract as provided for in such Contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In addition, the Principal and Surety, jointly and severally, expressing guarantee that all materials furnished and workmanship performed under the Contract and in the construction of the work shall fulfill all requirements of the Contract and Contract Documents with respect to them for a period of two years from the date of final acceptance. It is hereby stipulated and agreed that any suit based upon any default of the Principal in fulfilling his obligation to furnish maintenance, repairs, or replacements for any period of time after the work associated with the project - Construction and Repair of Concrete Items is completed, if provided for in the Contract, may be brought any time up to six (6) months after the expiration of the time specified in the Contract during which the Contractor has agreed t~ furnish such maintenance or made such repairs or replacements. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contractor or to the work to ;,~.., be performed thereunder or the specifications accompanying the same shall in any way ....1'~~y.;'.:r.;t}!~ffect its o~ligations.on this Bond, and it does hereby waive notice of any such change, :, extension of time, alteration or addition to the terms of the Contract or to the work or to ,_'..4.'f~' ...".,,' . l) f 'specifications. The term of this bond shall be for one year. Subsequent to the conclusion :'" ,',/ .....@.f ~~l1e year tem the bond may be renewed for' additional year subject to a mutual written** "Q. .' ..~~.Vl\tl . I . . C :,.,~ ,~.~': ~~p this 8th day of March 20 07 . : (J ..,... . Ul''f'iilol ,'" ~ = : 0 ,> (1'"\ O. -\:. , :''. : ')) ~.. ::?t-r-"YIL. ~ ~ 'I' '." 0"1 ;-\-VI::.t\ '!-' : ".<> i ",,'.. "'. ,')..../ .~..'~:. -( . . .. .' .'~ . ........ffii C) , "f ' "lldn' .,' , " \ ~.. ..,IIt.,....... QQ {} O\~)/") J I c- . Attest 0.)' dJ be/I[)' e'f {L/ Title I j . ()~"i (, .G. /~ \.,^....ii .,\\....~'( 1 (SEAL) Surety Developers Surety and Indemnity Company Attest n/a Attest n/a "';'l;i~~,:'~':'~.,. ' , ,t", . \ t f'~!'I>) ';" ".- . .'\[r',> THIS BONDING MUST BE IN PLA E PRIOR TO T~~o~~~~~ ~a~00RK a~:,~I' !':'~O~, CONTRACTOR ;;:~'~~n' .. ~ ~ o(~ ;: ,.; r,,' ,1' ",-'...; "'t' ' , ~ v.',,. ., ," ...., .... .'.... '. " " ,) 1 ", ,. "'9~' . .. t. " . .11: ..,,~ .....,,) " . r/ 'i' '~"'1~"'/ ,~'n" .' ** agreement of all parties to the bond for a total of two additional annual renewals. ,.' Tn is bond is given to comply with section 255.05 Florida Statutes. clnd any action instituted by a claimant uiltier this l10nd for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. , .. POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO BOX 19725, IRVINE, CA 92623 (949) 263-3300 www.InscoDico.com KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY CO?v1PANY does hereby make, constitute and appoint: ***Charles J. Nielson, Warren M. Alter, Charles D. Nielson, Brett M. Rosenhaus, Kevin R. Wojtowicz, jointly or severally*** as its true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporation as surety, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as the corporation could do, but reseIVing to the corporation full power of substitution and revocation, and all of the acts of said Attorney(s )-in- Fact, pursuant to these presents, are hereby ratified and confmned. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY CO?v1PANY effective as of November 1, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifYing the Attorney(s)-in-Fact named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers 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 signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its respective Executive Vice President and attested by its Secretary this 1 st day of December, 2005. ~~ ",,"111'"., "...",..,'..; AND ;'1"", ~'h<c,"\ ........... "'b",", .:0 ~ ..... 0 ... ,...'... f~.""'oV-P R-4;.....~ fCl)fv CT ~\~~ =0::= O. :-<: E~i 10 ~C')= \~\ 1936 .f~J \, \)>0 ......... ....... l) I ..'1... '. IOWI>- ...",.J:>. ~ ".,., V'q ............... )...~ ....... """" * ",..",...' ""IIIIIU.I" By: C~~~) David H. Rhodes, Executive Vice-President By: Walter A. Crowell, Secretary STATE OF CALIFORNIA ] COUNTY OF ORANGE On December 1,2005 before me, Gina L. Gamer, (here insert name and title of the officer), personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislher/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. l. . . . . . ~I~~ ~.~~~~E~ ~ J ~. COMM.#1569561 ~ (SEAL) !:i NOTARY PUBLIC CALlFORNlA;:J ~. ORANGE COUNTY \) 11 My comm. expires May 13. 2009 ~ CERTIFICATE ~ - - .. ;;. ~... ... ... .. ... T .... ... 1'" " ." ;-~~:I.~.. ' . The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the'~ok~~irtk;~~r.~f Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolution of the respective Boards of DireCtors Qf said xorpOl\Vli;)n set forth in the Power of Attorney, is in force as of the date ofthis Certificate. . ",' '..' 'i'j,t .. '. ~il. "'~ . 'fi' d' th C' fIrvi C lif! . th 8th da f March 2007 1 '.- ~~, ) ';P TIlls Certllcate IS execute m e Ity 0 ne, a orma, e - yo, 0\' . . _ ()!,. . ....<J <(: <i;: ".' '" It-:-. ~ ' r l~!, "" 0" ~/- ,~ . ./ \~ '.'.' *' , . 1 ....'" ,. ....4',.. ~ t\. '. f." ....: ')'.. "'" I, .11\I'~" . Signature 67nd- ~ ~ By Albert Hillebrand, Assistant Secretary .....,.