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1214-Cheesbro Perf BondTHE AMERICAN INSTITUTE OF ARCHITECTS Bond No.: FLC 55002 Executed in 2 Counterpart (s) AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that Cheesbro Roofinq, Inc. 1024 S. Nova Road (Here insert full name and address or legal title of Contractor) Ormond Beach, FL 32174 (386) 677 -9175 as Principal, hereinafter called Contractor, and, Merchants Bondinq Company 2100 Fleur Drive (Here insert full name and address or legal title of Surety) Des Moines, IA 50321 -1158 (515) 243 -8171 as Surety, hereinafter called Surety, are held and firmly bound unto City of Sanford 300 North Park Avenue, PO Box 1788, Room 236 (Here insert full name and address cr legal title of Owner) Sanford, FL 32771- (407) 330 -5600 as Obligee, hereinafter called Owner, in the amount of One Hundred Seven Thousand Seventy -Five and 00 /100 Dollars ($ 107,075.00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated February 11, 2008 , entered into a contract with Owner for (Here insert full name and address and description of project) Roof Replacement, Sanford Museum 520 E. First Street, Sanford FL 32772 in accordance with Drawings and Specifications prepared by ARC Associates, Incorporated, General Corporation (Here insert full name and address or legal title of Architect) 601 N. Fern Creek Ave., Suite 100 Orlando, FL 32803 -4899 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND- . AIA FEBRUARY 1970 ED.. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N W., WASHINGTON, D.C. 20006 F olRiil\ ISt ILI PERFORMANCE BOND 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 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 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 fails 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. THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2) OR SECTION 713.23 FLORIDA STATUTES. Signed and sealed this 19th lr ��(1711 (Witness) 1� &tr_k_1UL4_ (Witness) day of February 2008 C heesbro Roofing, Inc. (Principal) (Seal) Gordon P. Chees r8e President uon bramia Attorney -in -Fact and FL Licensed Resident Inquiries: (386) 898 -0507 , (Seal) AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND- • AIA FEBRUARY 1970 ED. " THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE.. N.W., WASHINGTON, D.C. 20006 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No.: FLC 55002 Executed in 2Counterpart (s) AIA Document A311 Labor and Material Payment Bond 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 Cheesbro Roofing, Inc. 1024 S. Nova Road (Here insert full name and address or legal title of Contractor) Ormond Beach, FL 32174 (386) 677 -9175 as Principal, hereinafter called Principal, and,Merchants Bonding Company 2100 Fleur Drive (Here insert full name and address or legal title of Surety) Des Moines, IA 50321 -1158 (515) 243 -8171 as Surety, hereinafter called Surety, are held and firmly bound unto City of Sanford (Here insert full name and address or legal title of Owner) 300 North Park Avenue, PO Box 1788, Room 236 Sanford, FL 32771- (407) 330 -5600 as Obligee, hereinafter called Owner, for the use and benefit of claimants as herein below defined, in the amount of One Hundred Seven Thousand Seventy-Five and 00/100 (Here insert a sum equal to at least one -half of the contract price) Dollars ($ 107,075.00 ) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated February 11. 2008 entered into a contract with Owner for (Here insert full name and address and description of project) Roof Replacement, Sanford Museum 520 E. First Street, Sanford FL 32772 in accordance with Drawings and Specifications prepared by ARC Associates, Incorporated, General Corporation (Here insert full name and address or legal title of Architect) 601 N. Fern Creek Ave., Suite 100 Orlando, FL 32803 -4899 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND- • AIA ® 3 FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NY. AVE., N.W., WASHINGTON, DC. 20006 AORi& & RFTy' I 8[mc�5 lac. LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION 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 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 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 following 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 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 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. THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2) OR SECTION 713.23 FLORIDA STATUTES. Signed and sealed this 19th (Witness) (Witness) nts Don Bramlaqe Attorney -in -Fact and FL Licensed Resident Inquiries: (386) 898 -0507 / day of February 2008 Cheesbro Roofinq, Inc. (Principal) (Seal) Gordon P. CheesbrdTrt )President (Seal) AIA DOCUMENT A311 -PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND-. ALA FEBRUARY 1970 ED.. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed• and does by these presents make, constitute and appoint Jeffrey W. Reich, Susan L. Reich, Kim E. Niv, Leslie M. Donahue, Patricia L. Slaughter, J. Gregory Mackenzie Walter N. Myers, Teresa L. Durham, Don Bramlage, Gloria A. Richards Of Maitland and State of Florida Its true and lawful Attomey -in -Fact, with full power and authority hereby conferred in Its name, place and stead, to sign, execute, acknowledge and deliver In its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such Instrument shall not exceed the amount of: FIVE MILLION ($5,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as If such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorney -in -Fad, pursuant to the authority herein given, are hereby ratified and confirmed. This Powerof- Attorney is made and execulad pursuant b and by authority of the following Amended Substituted and Restated By- laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002. ARTICLE 11, SECTION 8 - The ChaIrman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attomeys- in-Fad, and to authorize them to execute on behalf of the Company, and attach the Sea] of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and other writings obligatory in the nature thereof. ARTICLE II, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and Its corporate seal to be hereto affixed, this 21st day of May , 2007 . STATE OF IOWA COUNTY OF POLK ss. On this 21st day of May 2007 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he Is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said Instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. 4 CINDY SMYTH + F Commission Number 173604 /1 March�ll 2009 8 1 l IJotary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, Wiliam Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY ( MUTUAL), do Hereby certify that the above and foregoing is a true and correct copy Of the POWER -OF - ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL) which is still in full force and effect and has not been amended or revoked. -o- o: a 1833 ; c • • • �{ • KN MERCHANTS BONDING COMPANY (MUTUAL) President In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 19th day of February, 2008 POA 0001 (1106) 0 co, 4 4ZN*' ,P00 y 1933 • ,j � • d : . Secretary DATE (MM /DD/YYYY) ACORD, CERTIFICATE OF LIABILIT INSURANCE OP ID ' 1 02/20 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brown & Brown of Florida, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Daytona Beach Office HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR r. O. Box 2412 I ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Daytona Beach FL 32115 -2412 Phone:386- 252 -9601 Fax:386- 239 -5729 INSURED CHEESBRO ROOFING INC CRI OF ORMOND BEACH INC. 1024 SOUTH NOVA ROA6 ORMOND BEACH FL 32174 IN SURER S AFFORDING CO VERAGE NA IC # INSURER A: Lexington Ins Co 19437 INSURER Safeco Ins Co 18988 INSURER C. INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TILT R LT NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTI DATE POLICY EXPIRATION LIMITS REPRESENTATIVES. AUTHO IZED REPRESENTA VE GENERAL LIABILITY EACH OCCURRENCE $ A X COMMERCIAL GENERAL LIABILITY 41LX28256801 12/17/07 ! 12/17/08. PREMISES (Ea occurence) $ 100,000 CLAIMS MADE X OCCUR i MED EX P (Anyone person) I EXCLUDED -- -- ------- .. - - -- —_— X ADD INSURED ! BY CONTRACT PER & A INJURY $ 1 , 00 0 , 000 G ENERA L A $ 2,000,000 X ! PRODUCTS COMP /OP AGG $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ',X PRO [__1 LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 B ANY AUTO 61CH45523110 05/01/07 05/01/08 (Ea accident) — — -- ALL OWNED AUTOS � BODILY INJURY ! $ (Per person ) SCHEDULED AUTOS l HIRED AUTOS BODILY INJURY $ (Per accident) X 1 NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) j { - - -- GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ _ $ EA ACC ANY AUTO OTHER THAN $ l AUTO ONLY: AGG EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE $ 2 , OO , OOO AGGREGATE $2, A X OCCUR �CLAIMSMADE 41UD02747861 12/17/07 12/17/08 $ $ DEDUCTIBLE I $ X RETENTION $ 10 , OOO WORKERS COMPENSATION AND WC S I A U TORY LIMITS ER $ EMPLOYERS' LIABILITY E.L. EACH ACCIDENT ANY PROPRIETOR /PARTNER /EXECUTIVE $ OFFICER!MFM3FR EXCLUDED? E.L DISEASE - E EM If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER I DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS CANCELLATION: EXCEPT 10 DAYS NOTICE FOR NON- PAYMENT OF PREMIUM RE: ROOF REPLACEMENT - SANFORD MUSEUM, 520 EAST FIRST STREET, SANFORD, FL 32772 Inc rf I:ONI =F1 1 a 111 IN SACIT01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR CITY OF SANFORD 300 N PARK AVE REPRESENTATIVES. AUTHO IZED REPRESENTA VE SANFORD FL 32772 ACORD 25 (2001/08) " ^"" ^" "" reb, 25. 2005— 9:03AM Cap ta! Par* in I e No. ACORD CHEEFS ES CERTIFICATE OF LIABILITY INSURANCE T DATE(MM 02/2 5/08 5/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ( Capital Partners Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR t F I ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 298 S. Nova Road, Sui e Ormond Beach FL 32174 Phone: 386-672-2827 Fax:386- 672 -5156 INSURED Cheesbro Roofing, Inc. 1024 S. Nova Rd Ormond Beach FL 32174 wrnwrrc� INSURERS AFFORDING COVERAGE INSURER A First Mercury Insurance INSURER B AmComp INSURER C POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSURER D IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR INSURER E LIMITS NAIC # 10346 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR .' MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. City of Sanford IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 500000 ILITY FMGA000071 02/08/08 02/08/09 A X COMMERCIAL GENERAL LIABILITY ccu PREMISES(Earence) $ 50000 CLAIMS MADE E-- OCCUR MED EXP (Any one person) $ excl PERSONAL & ADV INJURY $ 500000 GENERAL AGGREGATE $ 500000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $ 500000 POLICY PRO LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY $ ALL OWNED AUTOS (Per person) SCHEDULED AUTOS BODILY INJURY $ HIRED AUTOS (Per accident) NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY AGG $ EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR ❑ CLAIMS MADE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND TOP,Y LIMITS ER EL EACH ACCIDENT $ 1000000 B EMPLOYERS' LIABILITY WCV7076333 01/01/08 01/01/09 ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? E DISEASE - EA EMPLOYEE $ 1000000 E.L. DISEASE - POLICY LIMIT $ 1000000 IF ves, describe under SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Re: Roof replacement - Sanford Museum, 520 E 1st Street, Sanford FL Tl rl/�ATr IJ/11 11i [ _OMt _FI 1 "I It JIV CITYSAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Sanford IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 300 N Park Avenue Sanford FL 32772 REPRESENTA ES. AUTHORIZE ( TETLENTA ACORD 25 (2001108) © ACORD CORPORATION 198