2117 Kirton Enterprises - payment bondBond No. GS56000087 SECTION 00610
Executed in 2 Counterparts
PAYMENT BONG
(100% of Contract Price)
KNOW ALL MEN BY THESE PRESENTS that:
n
GRANT MALOY, SEMOLE COUNTY
CLERK OF CIRCUIT COINURT & COMPTROLLER
CFN# 2019097945 Bk:9432 Page:1774-1778 (513gs)
REC: 09/11/2019 11:26:17 AM by hdevore
RECORDING FEES $44.00
Kirton Enterprises, Inc.
(Name of CONTRACTOR)
4606 S Clyde Morris Blvd Ste 2-1, Port Orange, FL 32129
(Address of CONTRACTOR)
CONTRACTOR's Telephone Number. (386) 341-6232
a Corporation
(Corporation, Partnership, or Individual)
hereinafter called "Principal", and The Gray Insurance Company
(Name of Surety)
PO Box 6202, Metairie, LA 70009-6202
(Address of Surety)
Surety's Telephone Number: (504) 888-7790
hereinafter called "Surety", are held and firmly bound unto CITY OF SANFORD, 300 N. Park
Ave., Sanford, Florida 32771, hereinafter called "CITY", in the sum of Two Hundred Four Thousand
Three Hundred Forty -Four and 68/100 DOLLARS ($204,344.68-------------) 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.
CITY's telephone number is (407) 688-5028. THE CONDITION OF THIS OBLIGATIO ,such
that whereas, the Principal entered into a certain fteement with CITY, dated the 1
day of , 20"toma copy of which is hereto attached
and made a paii hereof for the construction of: Sanford Riverwalk Phase I - Irma Remediation
(IFB No. 18119-32).
The Project is located along the north side of W. Seminole Blvd., starting approximately 600 -ft
east of the French Ave intersection, and ending at French Ave. in Sanford, Florida.
General description of the Work: The CONTRACTOR is responsible for all labor, materials,
equipment, coordination, and incidentals necessary for restoring the trail, embankment,
landscape, irrigation and segmental block wall above the existing RiverWalk Phase I seawall.
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
Sanford RiverWalk Phase I - Irma Remediation PAYMENT BOND
May 10, 2019 (100% of Contract Price)
00610-1
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 Payment Bond is furnished for the purpose of complying with the requirements of
Section 255.05, Florida Statutes, as same may be amended.
2. it is a specific condition of this Payment Bond that a claimant's right of action on this
Payment Bond is limited to the provisions of Section 255.05, Florida Statutes, including, but not
limited to, the one (1) year time limitation within which suits may be brought.
3. This Payment Bond is conditioned that CONTRACTOR shall promptly make payments
to all persons defined in Section 713.05, Florida Statutes, whose claims derive from the
prosecution of the work provided for in the Agreement.
Therefore, a claimant, except a laborer, who is not in privity with the CONTRACTOR shall,
within forty-five (45) days after beginning to furnish labor, materials, or supplies for the
prosecution of the work, furnish CONTRACTOR with a notice that (s)he may look to this
Payment Bond for protection. A claimant who is not in privity with the CONTRACTOR and who
has not received payment for his/her labor, materials, supplies, or rental equipment within ninety
(90) days after final furnishing of the labor, services, materials, or equipment by claimant, deliver
to 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 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.
4. Any changes in or under the Agreement or Contract Documents and compliance or non-
compliance with any formalities connected with the Agreement or the changes therein shall not
affect Surety's obligations under this Payment Bond and Surety hereby waives notice of any
such changes. Further, Principal and Surety acknowledge that the sum of this Payment Bond
shall increase or decrease in accordance with the Change Orders (unilateral or directive change
orders and bilateral change orders) or other modifications to the Agreement or Contract
Documents. This Payment Bond shall not cover any components or materials directly
purchased and paid for by CITY pursuant to Sales Tax Recovery.
5. The Performance Bond and this Payment Bond and the covered amounts of each are
separate and distinct from each other. This Payment Bond shall be construed as a statutory
Payment Bond under Section 255.05, Florida Statutes, and not as a common law bond.
Sanford RiverWaik Phase i - Irma Remediation PAYMENT SOND
May 10, 2019 (100% of Contract Price)
00610-2
IN WITNESS WHEREOF, this instrument is executed this _` day of .-
20--.
ATTEST.• PRINCIPALICONTRACTOR
Kirton Enterprises, Inc.
f PRINCIPAL / CONTRACTO
retary By: CONTRACTOR Signatory Authority
t?ll,b 1+1Y) V,,pn� �, -
Typed Name of Secretary Typed Name and Title
(CORPQ , TE SEAL)
,jVt-ness �toCONTRACTOR)
4606 S Clyde Morris Blvd Ste 2-1
Address
Port Orange, FL 32129
City, State, Zip
(386) 341-6232 (386) 258-3928
Telephone No. Facsimile No.
(Surety Signature Page Follows)
Sanford RiverWalk Phase I - Irma Remediation
May 10, 2019
00610-3
PAYMENT BOND
(100% of Contract Price)
A TTES T.
(SURETY) Secretary
Susan L. Reich
Typed or Printed Name
Witness as to SURETY
Anita Navarra
Typed or Printed Name
Weness as to SURETY f
Jenna Delgado
Typed or Printed Name
SURETY
The Gray Insurance Company
SURETY
By:
Gloria A. Richards
Typed or Printed Name
Attorney -In -Fact & FL Licensed Resident Agent
Title
620 North Wymore Road, Suite 200
Address
Maitland, FL 32751
City, State, Zip
_(407) 786-7770 (407) 786-7766
Telephone No. Facsimile No.
NOTE: Date of this Payment Bond must not be prior to date of the Agreement. If CONTRACTOR
is a joint venture, all ventures shall execute this Payment Bond. If CONTRACTOR is a
Partnership, all partners shall execute this Payment 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 CITY.
All bonds shall be originals and issued or countersigned by a local producing agent who is
authorized to operate in the State of Florida. Attorneys -in -fact who sign Bid Bonds or
Performance/Payment Bonds must file with such bond a certified copy of their Power of Attorney to
sign such Bond. Agents of surety companies must list their name, address, and telephone
number on all Bonds.
END OF SECTION
Sanford RiverWalk Phase I - Iffna. Remediation
May 10, 2019
00610-4
PAYMENT BOND
(100% of Contract Price)
Florida Surety Bonds
07/26/2019 09:42 2882880019029
THE GRAY INSURANCE COMPANY
THE GRAY CASUALTY & SURETY COMPANY
GENERAL POWER OF ATTORNEY
Bond Number: GS5000087 Principal: Kirton Enterprises, Inc.
Project: Sanford Riverwalk Phase I - Irma Remediation
KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly
organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and
appoint Susan L. Reich, Jeffrey W. Reich, Kim E. Niv, Teresa L. Durham, Cheryl Foley, Gloria A. Richards, Robert P. O'Linn, and Sarah
K. O'Linn of Maitland, Florida jointly and severally on behalf of each of the Companies named above its true and lawful Attomey(s)-in-Fact, to
make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature of a bond, as surety, contracts
of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of
suretyship executed under this authority shall exceed the amount of $10,000,000.00.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 261 day of
June, 2003.
"RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to
execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,
undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney, and
to attach the seal of the Company, and it is
FURTHER RESOLVED, that the signature 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 certificate bearing such facsimile signature or facsimile seal shall be
binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached.
IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto
affixed, and these presents to be signed by their authorized officers this 121h day of September, 2011.
\a 9=R......A.,N„ j� f'7 - " Jp�.t Y 6BGyq
SEAL By: Michael T. Gray Attest: Mark S. Manguno ! SEAL
President, The Gray Insurance Company Secretary,
°
y �y r
yr * sThe Gray Insurance Company,
Vice President,
The Gray Casualty & Surety Company The Gray Casualty &Surety Company
State of Louisiana
ss:
Parish of Jefferson
On this 121h day of September, 2011, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company
and Vice President of The Gray Casualty & Surety Company, and Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray
Casualty & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and
affixed the seals of the companies as officers ol', and acknowledged said instrument to be the voluntary act and deed, of their companies.
* _*� Lisa S. Millar, Notary Public, Parish of Orleans
State of Louisiana
My Commission is for Life
1, Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, do hereby certify that the above and
forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies, this day of
g UR A k ,t Y d g
SEAL SEBL .b Mark S. Manguno, Secretary
The Gray Insurance Company
The Gray Casualty & Surety Company
Bond No. GS56000087
Executed in 2 Counterparts
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2019097946 Bk:9432 Page:1779-1783 (513gs)
REC: 09/11/2019 11:26:18 AM by hdevore
RECORDING FEES $44.00
SECTION 00L__
PERFORMANCE BOND
(100% of Contract Price)
KNOW ALL MEN BY THESE PRESENTS that:
Kirton Enterprises, Inc.
(Name of CONTRACTOR)
4606 S_Cy1de Morris Blvd Ste 2-1, Port Orange, FL 32129
(Address of CONTRACTOR)
CONTRACTOR's Telephone Number: (386) 341-6232
a Corporation
(Corporation, Partnership, or Individual)
hereinafter called "Principal", and The Gray Insurance Company
(Name of Surety)
PO Box 6202, Metairie, LA 70009-6202
(Address of Surety)
Surety's Telephone Number: (504) 888-7790
hereinafter called "Surety", are held and firmly bound unto CITY OF SANFORD, 300 N. Park
Ave, Sanford, Florida 32771, hereinafter called "CITY", in the sum of Two Hundred Four Thousand
Three Hundred Forty -Four and 68/100 DOLLARS ($ 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 percent (100%) of the Contract Price.
CITY's telephone number is (407) 688-5028, THE CONDITION OF THIS OBLIGATIONMuch
that whereas, the Principal entered into a certain Agreement with CITY, dated the t_
day of , k' 20 a copy of which is hereto attached
and made a pa"ereof for the -construction—of. Sanford RiverWolle 01,
WFB No. 8/19-32). Remediation
The Project is located along the north side of W. Seminole Blvd., starting approximately 600 -ft
east of the French Ave intersection, and ending at French Ave. in Sanford, Florida.
General description of the Work: The CONTRACTOR is responsible for all labor, materials,
equipment, coordination, and incidentals necessary for restoring the trail, embankment,
landscape, irrigation and segmental block wall above the existing RiverWalk Phase I seawall.
Sanford RiVerWalk Phase I - Irma Remediation
May 10, 2019 PERFORMANCE BOND
00605-1 (100% of Contract Price)
This Performance Bond is being entered into to satisfy the requirements of Section 255.05,
Florida Statues, and the Agreement referenced above, as the same may be amended.
NOW, THEREFORE, the condition of this obligation is such that if Principal:
1. Promptly and faithfully performs its duties, all the covenants, terms,
conditions, and agreements of said Agreement including, but not limited, to the
guaranty period and the warranty provisions, in the time and manner prescribed
In the Agreement; and
2. Pays CITY all liquidated damages, losses, damages, delay damages,
expenses, costs, and attorneys' fees, including costs and attorneys fees on
appeal that CITY sustains resulting from any breach or default by Principal under
the Agreement
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, except that the coverage of the Performance Bond is limited to one
hundred percent (100%) of the Contract Price.
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 CITY for all such
direct loss or damage (including reasonable attorneys' fees and costs and attorneys' fees and
costs on appeal) resulting from any failure to perform, up to one hundred percent (100%) of the
Contract Price and for indirect damages as determined by CITY up to an additional twenty
percent (20%) over the adjusted Contract Price.
In the event that the Surety fails to fulfill its obligations under this Performance Bond, then the
Surety shall also indemnify and hold CITY harmless from any and all loss, damage, cost, and
expense, including reasonable attorneys' fees and costs for all trial and appellate proceedings,
resulting from the Surety's failure to fulfill its obligations hereunder up to one hundred percent
(100%) of the Contract Price.
The Surety stipulates and agrees that its obligation is to perform the Principal's work under the
Agreement under this Performance Bond. The following preventative options by the Surety are
encouraged; however, preventative options shall not be considered under this Performance
Bond: (i) Surety's financing of the Principal to keep Principal from defaulting under the Contract
Documents; and (ii) Surety's offers to CITY to buy back this Performance Bond. The Surety
agrees that its obligation under this Performance 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 adjusted 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
Sanford RiverWalk Phase 1- Irma Remediation PERFORMANCE BOND
May 10, 2019 00605-2 (100% of Contract Price)
Price. In any event, the Principal's Contract Time is of the essence and applicable delay
damages are not waived by CITY.
The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall
be direct and immediate and not conditional or contingent upon CITY's pursuit of its remedies
against Principal; however, such obligation shall only arise upon a declaration of default of the
Principal and shall remain in full force and effect notwithstanding (i) amendments or
modifications to the Agreement entered into by CITY and Principal without Surety's knowledge
or consent; and (ii) the discharge of Principal 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 limitations of the liability of Principal or its estate as a result of any such proceeding.
Any changes in or under the Agreement and Contract Documents and compliance or non-
compliance with any formalities connected with the Agreement or the changes therein shall not
affect Surety's obligations under this Performance Bond and Surety hereby waives notice of any
such changes. However, in the event Change Orders (unilateral or directive change orders and
bilateral change orders) or other modifications to the Agreement and Contract Documents are
executed exceeding one hundred percent (100%) of the Contract Price, the Surety shall be
notified by CITY of such increased by CITY, and the Principal shall be required to increase the
sum of this Performance Bond to be commensurate with the increased Contract Price.
The Surety's liability to CITY shall not be reduced should CITY directly purchase for the purpose
for Sales Tax Recovery certain components and materials to be utilized in the work done by the
Principal pursuant to his obligations under the Agreement. Specifically, the Surety shall remain
fully liable and bound to CITY for the full compliance with the Contract Documents and full
performance and function and all warranties of all components and materials, notwithstanding
the fact that CITY may issue deductive Change Orders and directly purchase such items.
This Performance Bond and the Payment Bond and the covered amounts of each are separate
and distinct from each other.
This Performance Bond is intended to comply with the requirements of Section 255.05, Florida
Statutes, as amended, and additionally, to provide contract rights more expansive than as
required by statute.
Sanford RlverWalk Phase ! - Irma Remediation PERFORMANCE BOND
May 10, 2019 40605-3 (100% of Contract Price)
ATTEST'
N
(SURETY) Secretary
Susan L. Reich
Typed or Printed Name
Witness as to SURETY
Anita Navarra
Typed or Printed Name
64iss- as to SURETY
Jenna Delgado
Typed or Printed Name
�-1111
The Gray Insurance Company
SURE
C-4
Gloria A. Richards
Typed or Printed Name
Attorney -in -Fact & FL Licensed Resident Agent
Title
620 North Wymore Road, Suite 200
Address
Maitland, FL 32751
City, State, Zip
(407) 786-7770 (407) 786-7766
Telephone No. Facsimile No.
NOTE: Date of this Performance Bond must not be prior to date of the Agreement. If
CONTRACTOR is a joint venture, all ventures shall execute this Performance Bond. If
CONTRACTOR is a Partnership, all partners shall execute this Performance 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 CITY.
All bonds shall be originals and issued or countersigned by a local producing agent who is
authorized to operate in the State of Florida. Attomeys-in-fact who sign Bid Bonds or
Performance/Payment Bonds must file with such bond a certified copy of their Power of Attorney to
sign such Bond. Agents of surety companies must list their name, address, and telephone
number on all Bonds.
END OF SECTION
Sanford RiverWalk Phase I - Irma Remediation
May 10, 2019
00606-6
PERFORMANCE BOND
(100% of Contract Price)
IN WITNESS WHEREOF, this instrument is executed this day of
• 20
ATTEST.'
(CORP TE SEAL)
fitness to CONTRACTOR
T)rped Name . f7
to CONTRACTOR)
Typed Name
PRINCIPAUCONTRACTOR
Kirton Enterprises, Inc.
PRINCIPAL,/ CONTRACTOR
By: CONTRACTOR Signatory Authority
kP4 .S kr r-hm - An .
Typed Name and Title
4606 S Clyde Morris Blvd Ste 2-1
Address
Port Orange, FL 32129
City, State, Zip
(386) 641-6232 (386) 258-3928
Telephone No. Facsimile No.
(Surety Signature Page Follows)
Sanford RiverWalk Phase I - Irma Remediation
May 10, 2019
00605-4