1670 L7 Construction/ Performance Bond MARYANNE MORSE, SEMINOLE COUNTY
' PERFORMANCE BOND CLERK OF CIRCUIT COURT & COMPTROLLER M1
BK 08313 Pgs 0355 - 963; (9pgs)
. 'Bond No. 3300030 CLERK' S # 27114089041
RECORDED 08/13/2014 02:29:13 PM °"
00605 RECORDING FEES 78.00 /� '1 cr
KNOW ALL MEN BY THESE PRESENTS: that RECORDED BY H DeVore �� 7 -,
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L7 Construction, Inc.
(Name of CONTRACTOR) (IQ
4380 St. Johns Parkway, Sanford, FL 32771, (321) 972-9325 -
(Address of CONTRACTOR) o
a Corporation , hereinafter called
(Corporation, Partnership or Individual) E
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Principal, and FOCI Insurance Company o
(Name of Surety)
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6300 University Parkway, Sarasota, FL 34240-8424, (941) 907-3224 pa
(Address of Surety)
cp
hereinafter called Surety, are held and firmly bound unto 1) City of Sanford, Florida hereinafter 0
called OWNER, in the full and just Sum of One Hundred Fifteen Thousand Two Hundred Ninety-Seven and 00/100 r
DOLLARS ($ 115.297.00 ) in lawful money of the United States, for n
the payment of which sum well and truly to be made, we bind ourselves, successors, and
assigns, jointly and severally, firmly by these presents. The sum shall not be less than one o,
hundred percent (100%) of the Contract Price. cil
THE CONDITION OF THIS OBLIGATION is s that whey as, the Principal entered into a g
rt i Agreement with the OWNER, dated the day of f k. t- ,
off a copy of which is hereto attached and made a part hereof for the construction of the o
project identified by the footnote on this page.
b
This bond is being entered into to satisfy the requirements of Section 255.05, Florida Statutes P
and the Agreement referenced above, as the same may be amended.
The Surety shall be bound by any and all alternative dispute resolution awards and settlements
to the same extent as CONTRACTOR is bound. SD
CP
NOW, THEREFORE, the condition of this obligation is such that if Principal: pa
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1. Promptly and faithfully performs its duties, all the covenants, terms, conditions, °
and agreements of said Agreement including, but not limited to the insurance r
provisions, guaranty period and the warranty provisions, in the time and manner w
prescribed in the Agreement, and
2. Pays OWNER all losses, damages, delay damages (liquidated or actual), cp
expenses, costs and attorneys' fees, including costs and attorney's fees on N
appeal that OWNER sustains resulting directly or indirectly from any breach or rn
default by Principal under the Agreement, and
3. Satisfies all claims and demands incurred under the Agreement, and fully
indemnifies and holds harmless the OWNER from all costs and damages which it
00605-1 **City of Sanford:
LIFT STATION-MAYFAIR GOLF COURSE, SANFORD, FL 300 North Park Avenue
IFB 13/14-20 3536 Country Club Rd Sanford, FL 32771-1244
Sanford, FL 32773 (407) 668-5000
PERFORMANCE BOND
may suffer by reason or failure to do so, then this bond is void; otherwise it shall
remain in full force and effect.
The coverage of this Performance Bond is co-equal with each and every obligation of
the Principal under the above referenced Agreement and the Contract Documents of which the
Agreement is a part.
In the event that the Principal shall fail to perform any of the terms, covenants and
conditions of the Agreement and the Contract Documents of which the Agreement is a part
during the period in which this Performance Bond is in effect, the Surety shall remain liable to
the OWNER for all such loss or damage.
In the event that the Surety fails to fulfill its obligations under this Performance Bond,
then the Surety shall also indemnify and hold the OWNER harmless from any and all loss,
damage, cost and expense, including reasonable attorneys' fees and costs for all trial and
appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its
obligations hereunder. This subsection shall survive the termination or cancellation of this
Performance Bond.
The Surety stipulates and agrees that its obligation is to perform the Principal's work
under the Agreement under the Bond. The following shall not be considered performance under
the Bond: (i) Surety's financing of the Principal to keep Principal from defaulting under the
Contract Documents, (ii) Surety's offers to OWNER to buy back the Bond, and (iii) Surety's
election to do nothing under the Bond shall be construed as a material breach of the Bond and
bad faith by the Surety. The Surety agrees that its obligation under the bond is to: (i) take over
performance of the Principal's Work and be the completing Surety even if performance of the
Principal's Work exceeds the Principal's Contract Price or (ii)re-bid and re-let the Principal's
Work to a completing contractor with Surety remaining liable for the completing contractor's
performance of the Principal's Work and furnishing adequate funds to complete the Work. The
Surety acknowledges that its cost of completion upon default by the Principal may exceed the
Contract Price. In any event, the Principal's Contract Time is of the essence and applicable
delay damages are not waived by OWNER.
The Surety, for value received, hereby stipulates and agrees that its obligations
hereunder shall be direct and immediate and not conditional or contingent upon OWNER's
pursuit of its remedies against Principal, shall remain in full force and effect notwithstanding (i)
amendments or modifications to the Agreement entered into by OWNER and Principal without
the Surety's knowledge or consent (ii) waivers of compliance with or nay default under the
Agreement granted by OWNER to Principal without the Surety's knowledge or consent, or (iii)
the discharge of Principal from its obligations under the Agreement as a result of any
proceeding initiated under the Bankruptcy Code of 1978, as the same may be amended, or any
similar state or federal law, or any limitation of the liability or Principal or its estate as a result of
any such proceeding.
Any changes in or under the Agreement and Contract Documents and compliance or
noncompliance with any formalities connected with the Agreement or the changes therein shall
not affect Surety's obligations under this Bond and Surety hereby waives notice of any such
changes. Further, Principal and Surety acknowledge that the Sum of this Bond shall increase or
decrease in accordance with Change Orders (unilateral and bilateral) or other modifications to
the Agreement and Contract Documents.
00605-2
LIFT STATION-MAYFAIR GOLF COURSE, SANFORD, FL
IFB 13/14-20
PERFORMANCE BOND
The Performance Bond and the Payment Bond and the covered amounts of each are
separate and distinct from each other.
This Bond is intended to comply with the requirements of Section 255.05, Florida
Statutes, as amended, and additionally, to provide common law rights more expansive than as
required by statute. The Surety agrees that this Bond shall be construed as a common law
bond.
Pi\
IN WITS, HEREOF, this instrument is executed this the day of
L7 Construction, Inc.
ATTEST: Principal (Contr.,ctor)
4 11461 .41-14 .-.1411111
Secretary (Principal) � : (Signature)
g L�-�e.iP.r (2)IU-rr LEfko - Pa ,e6r T
Typed Name Typed Name and Title
4380 St. Johns Parkway
(CORPORATE SEAL) Address
Sanford, FL 32771
City, State, Zip
„ r/ (321) 972-9325 (321) 972-9325
(Witness to Principal) Telephone No. Facsimile No.
r - P J
Typed e
AT ST:
/1" ,I FCCI Insurance Company
( ecretary Surety
April Lively p y (941) 907-3224 (941) 11643,
Typed Name Telephone No F lesN ,1,,,,,,.,
(CORPORATE SE L) "
iii By: A 1`4f...
Witness -. to Surety Attorneys-Fact`& Fl. is 1Licera's ect.- r
Resident Agent ,.4 ,
Allyson Foss Jennifer L. McCarta
Typed Name Typed Name .......f
34
J��If7S:1a)i�,aS
6300 University Parkway
Witness as to Suret Address '
00605-3
LIFT STATION-MAYFAIR GOLF COURSE, SANFORD, FL
IFB 13/14-20
PERFORMANCE BOND
Neal Ungar Sarasota, FL 34240-8424
Typed Name City, State, Zip
(407) 834-0022 (407)260-1767
Telephone No. Facsimile No.
NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint
venture, all ventures' shall execute the Bond. If CONTRACTOR is partnership, all partners shall
execute the Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's
most current list (Circular 570 as amended) and be authorized to transact business in the State
of Florida, unless otherwise specifically approved in writing by OWNER.
ATTACH a certified Power-of-Attorney appointing individual Attorney-in-Fact for execution of
Performance Bond on behalf of Surety.
END OF SECTION
00605-4
LIFT STATION-MAYFAIR GOLF COURSE, SANFORD, FL
IFB 13/14-20
•
00610-1
Bond No. 3300030 PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
L7 Construction, Inc.
(Name of CONTRACTOR)
4380 St. Johns Parkway, Sanford, FL 32771, (321) 972-9325
(Address of CONTRACTOR)
a Corporation , hereinafter called
(Corporation, Partnership or Individual)
Principal, and FCCI Insurance Company
(Name of Surety)
6300 University Parkway, Sarasota, FL 34240-8424, (941) 907-3224
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto City of Sanford, Florida hereinafter
called OWNER, in the full and just Sum of One Hundred Fifteen Thousand Two Hundred Ninety-Seven and 00/100
DOLLARS ($ 115.297.00 in lawful money of the United States, for
the payment of which sum well and truly to be made, we bind ourselves, successors, and
assigns, jointly and severally, firmly by these presents. The sum shall not be less than one
hundred ten percent (110%) of the Contract Price.
THE CONDITION OF THIS OBLIGATION is f„h that wh eas, the Principal entered int9 a
certain Agreement with the OWNER, dated the • ' day of Lg' ` ob `f
a copy of which is hereto attached and made a part hereof for the construction of the
project identified by the footnote on this page.
The Surety shall be bound by any and all alternative dispute resolution awards and settlements
to the same extent as CONTRACTOR is bound.
NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly make
payments to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal
with labor, Materials, or supplies, used directly or indirectly by Principal in the prosecution of the
Work provided for in the Agreement, then this obligation shall be void; otherwise, it shall remain
in full force and effect subject, however, to the following conditions:
1. This Bond is furnished for the purpose of complying with the requirements of
Section 255.05, Florida Statutes, as the same may be amended.
2. Therefore, a claimant, except a laborer, who is not in privity with the
CONTRACTOR and who has not received payment for his labor, Materials or
supplies shall, within forty-five (45) days after beginning to furnish labor,
Materials or supplies for the prosecution of the Work, furnish the CONTRACTOR
with a notice that he intends to look to the Bond for protection. A claimant who is
00610-02
**City of Sanford:
300 North Park Avenue
Sanford, FL 32771-1244
(407) 668-5000
LIFT STATION-MAYFAIR GOLF COURSE, SANFORD, FL
IFB 13/14-20 3536 Country Club Rd
Sanford, FL 32773
not in privity with the CONTRACTOR and who has not received payment for his
labor, Materials or supplies shall within ninety (90) days after performance of the
labor or completion of delivery of the Materials or supplies, or, with respect to
rental equipment, within 90 days after the date that the rental equipment was last
on the job site available for use, deliver to the CONTRACTOR and to the Surety
written notice of the performance of the labor or delivery of the Materials or
supplies and of the nonpayment. No action for the labor, Materials or supplies
may be instituted against the CONTRACTOR or the Surety on the bond after one
(1) year from the performance of the labor or completion of the delivery of the
Materials or supplies.
3. The Surety, for value received, hereby stipulates and agrees that its obligations
hereunder shall remain in full force and effect notwithstanding (i) amendments or
modifications to the Agreement entered into by OWNER and Principal without the
Surety's knowledge or consent, (ii) waivers of compliance with or any default
under the Agreement granted by OWNER to Principal without the Surety's
knowledge or consent, or (iii) the discharge of Principal from its obligations under
the Agreement as a result of any proceeding initiated under The Bankruptcy
Code of 1978, as the same may be amended, or any similar state or federal law,
or any limitation of the liability or Principal or its estate as a result of any such
proceeding.
4. Any changes in or under the Agreement or Contract Documents and compliance
or noncompliance with any formalities connected with the Agreement or the
changes therein shall not affect Surety's obligations under this Bond and Surety
hereby waives notice of any such changes. Further, Principal and Surety
acknowledge that the Sum of this Bond shall increase or decrease in accordance
with the Change Orders (unilateral and bilateral) or other modifications to the
Agreement or Contract Documents.
5. The Performance Bond and the Payment Bond and the covered amounts of each
are separate and distinct from each other. n
IN WIT W HEREOF, this instrument is executed this the day of C r(oltd
L7 Construction, Inc.
ATTEST: Principal (Con actor)
,, -
Secretary (Principal) (Signature
` 2 tee- . � t¢x-tl" LE FE at — Pw i n twr
Typed Name Typed Name and Title
4380 St. Johns Parkway
(CORPORATE SEAL) Address
Sanford, FL 32771
City, State, Zip
00610-03
LIFT STATION-MAYFAIR GOLF COURSE, SANFORD, FL
IFB 13/14-20
/A/(� 14: (321) 972-9325 (321) 972-9325
(Witness to Principal) Telephone No. Facsimile No.
e p iiis
Ty:'d Narhe
TTE :
FOCI Insurance Company
(Su r-ty) Secretary Surety
April Lively (941) 907-3224 (941) it 8643
Typed Name Telephone No. Facs`irrigetit!°'a,;
(CORPORATE S AL) ;X
By: Al "'et'
Witness ls to Surety Attorn:y 'n-Fact& Morida Licensed L
Resident Agent
Allyson Foss Jennifer L. McCarta �, ;'
Typed Name Typed Name
,6 6300 University Parkway
U
Witness as to Surety Address
Neal Ungar Sarasota, FL 34240-8424
Typed Name City, State, Zip
(407) 834-0022 (407) 260-1767
Telephone No. Facsimile No.
NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint
venture, all ventures' shall execute the Bond. If CONTRACTOR is Partnership, all partners
shall execute Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's
most current list (Circular 570 as amended) and be authorized to transact business in the State
of Florida, unless otherwise specifically approved in writing by OWNER.
ATTACH a certified Power-of-Attorney appointing individual Attorney-in-Fact for execution of
Performance Bond on behalf of Surety.
END OF SECTION
LIFT STATION-MAYFAIR GOLF COURSE, SANFORD, FL
IFB 13/14-20
IMPORTANT NOTICE
To obtain information or file a claim:You may call FCCI Insurance Group's(FCCI)*toll-free telephone number at
1-800-226-3224.You may also write to FCCI's Claims Department at either of the following:
E-mail address:newclaimnfcci-group.com
Mail address:PO Box 58004 Sarasota FL
34232-0800 ATTACH THIS NOTICE TO
YOUR BOND**.
*The FCCI Insurance Group includes the following insurance carriers:Brierfield Insurance Company,FCCI Advantage Insurance
Company,FCCI Commercial Insurance Company,FCCI Insurance Company,Monroe Guaranty Insurance Company,and
National Trust Insurance Company.
**This notice is provided only as a tool to assist you with obtaining information or to file a claim.This notice is not a term or condition
of your bond and does not supersede or otherwise alter those terms and conditions in any way.
1-BD-MU-21690-NTP-11-12 Page 1 of 1 Copyright 2012 FCCI Insurance Group.
10-014984
Fcc I INSURANCE
GROUP
PROTECTING BUSINESS,PROPERTY AND PEOPLE
GENERAL POWER OF ATTORNEY
Know all men by these presents: That the FOCI Insurance Company, a Corporation organized and existing under
the laws of the State of Florida (the "Corporation")does make, constitute and appoint:
Bryce R Guignard; Jack W Guignard; Margie L Morris; April L Lively; Jennifer L McCarta;
Allyson L Foss; James Penny
Each, its true and lawful Attorney-In-Fact, to make, execute, seal and deliver, for and on its behalf as surety, and
as its act and deed in all bonds and undertakings provided that no bond or undertaking or contract of suretyship executed
under this authority shall exceed the sum of(not to exceed $5,000,000): $5,000,000.00
This Power of Attorney is made and executed by authority of a Resolution adopted by the Board of Directors. That
resolution also authorized any further action by the officers of the Company necessary to effect such transaction.
The signatures below and the seal of the Corporation may be affixed by facsimile, and any such facsimile
signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to any
bond, undertaking or contract of surety to which it is attached.
In witness whereof,the FOCI Insurance Company has caused these presen s to be signed by its duly authorized
officers and its corporate Seal to be hereunto affixed, this 22ND day of September , 2011 .
Attest: 0117Y1-4-071., 0vavoa1, ,: A
Crai• •hn n, President :LL, SEAL :, Thoma•. Koval Esq., SVP, Ge - : ounsel,
FCCI nsur ce Company 1994 Gov: ment Affairs and Corporate Secretary
c � ` FCCI Insurance Company
State of Florida
County of Sarasota
Before me this day personally appeared Craig Johnson, who is personally known to me and who executed the
foregoing document for the purposes expressed therein.
ARLENE CUEMAN
My commission expires: 9/25/2016 My Comm Eiprsss Sept 25,Florida 16 -?
No.EE 213092 Notary Public
State of Florida
County of Sarasota
Before me this day personally appeared Thomas A. Koval, Esq., who is personally known to me and who
executed the foregoing document for the purposes expressed therein.
ARLENE CUEMAN aAle--‘---• .
My commission expires: 9/25/2016 Notary Public,State ofFlorida
My Comm.Expires Sept.25,2016
No.EE 213092 Notary Public
CERTIFICATE
I, the undersigned Secretary of FOCI Insur nce Company, a Florida Corporation, DO HEREBY CERTIFY that the
foregoing Power of Attorney remains in full force� d'has not been revoked; and furthermore that the February 24, 2011
9 9 Y ,,,,
Resolution of the Board of Directors, fere.ncecatd/P,ower of Attorney, is now in force.
13 '
,'',ip .�� :, ated this day of
, '4 ..,may'
to Thom.. . Koval, Esq., SVP, I.:.-ral Counsel,
Govvr ent Affairs and Corporate e -tary
1-IONA-3692-NA-04, 11/12
.e S SENSITIVE SH
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