2410 V-O-I-DFLORIDA SURETY BONDS, INC.
March 4, 2022
City of Sanford
300 N. Park Ave.
Sanford, FL 32771
RE: AUTHORITY TO DATE BONDS AND POWERS OF ATTORNEY
Principal: Oranqe Avenue Enterprises LLC
Bond No: 608-102649-9
Project: IFB No. 21/22-20, Reconstruct Two (2) Homes- Sanford FL
Dear Sir or Madam:
620 N. Wymore Road, Suite 200
Maitland, FL 32751
407-786-7770
Fax 407-786-7766
888 -786 -BOND (2663)
Fax 888 -718 -BOND (2663)
www.FloridaSuretyBonds.com
Please be advised that as Surety on the above referenced bond, executed on your behalf for this
project, we hereby authorize you to insert the contract date onto the contract bonds and powers
of attorney.
Once dated, please email to coralise@floridasuretybonds.com
or fax a copy of the bonds to our office at (407) 786-7766.
Sincerely,
United States Fire Insurance Company
Q,t� Gae��
Teresa L. Durham
Attorney -In -Fact
& Florida Licensed Resident Aqent
Bond No. 608-102649-9, Executed in 2 Counterparts
SECTION 00605
PERFORMANCE BOND
(100% of Contract Price)
Project Name: Reconstruct Two (2) Homes- Sanford FL
City Contract No.: IFB No. 21/22-20
Contractor
Name: Orange Avenue Enterprises LLC
Address: 801 W. 1 st Street
Sanford, FL 32771
Phone No.: 321-926-3151
Surety
United States Fire Insurance Company
305 Madison Avenue
Morristown, NJ 07960
973-490-6600
Owner
Name: City of Sanford
Address: 300 N. Park Ave.
Sanford, FL. 32771
Phone No.: 407-688-5028
KNOW ALL MEN BY THESE PRESENTS that
The above named Contractor, as Principal, and the above named Surety, as SURETY, are held
and firmly bound unto the Owner, the City of Sanford, a Political Subdivision of the State of Florida,
in the full and just sum of $ 558,150.00 , lawful money of the United
States of America, to the payment of which sum, well and truly to be made, the Contractor and
SURETY bind themselves, their representatives, and each of their heirs, executors,
administrators, successors and assigns, jointly and severely, firmly by these presents.
The Project is located at: 909 E. 8th Street and 1407 W. 12th Street, Sanford, FL 32771
General description of the Work: Clear and prepare lots and construct two (2) new dwellings.
WHEREAS, the Contractor has by written Agreement dated , 20_
entered into a Contract with the Owner for IFB No. 21/22-20 , for the project entitled
Reconstruct Two (2) Homes- Sanford FL with conditions and provisions
as are further described in the aforementioned Agreement, which Agreement is by reference made a
part hereof for the purpose of explaining this bond.
NOW, THEREFORE, the condition of this obligation is such that if Principal:
Promptly and faithfully performs its duties, all the covenants, terms, conditions, and agreements
IFB 21/22-20 Reconstruct Two (2) Homes
00605-1
PERFORMANCE BOND
(100% of Contract Price)
of said Contract including, but not limited to the insurance provisions, guaranty period and the
warranty provisions, in the time and manner prescribed in the Contract, and
Pays Owner all, losses, damages, delay damages (liquidated or actual), expenses, costs and
attorneys' fees, including costs and attorney's fees on appeal that Owner sustains resulting
directly or indirectly from any breach or default by Principal under the Contract, then this bond
is void; otherwise it shall remain in full force and effect.
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 shall promptly
remedy the default or shall promptly:
A. Complete the Contract in accordance with its terms and conditions; or
B. Expeditiously obtain a bid or bids for completing the Contract in accordance with
its terms and conditions, and upon determination by SURETY of the lowest
responsible qualified bidder, award a contract; or, if the Owner elects, upon
determination by the Owner and the SURETY jointly of the lowest responsible
bidder, to have the SURETY arrange for a contract between such bidder and
Owner, and for the SURETY to make available as Work progresses sufficient funds
to pay the cost of completion less the balance of the Contract price (even though
there should be a default or a succession of defaults under the contract or contracts
of completion arranged under this paragraph). The term "balance of the Contract
price," as used in this Bond, shall mean the total amount payable by Owner to
Contractor under the Contract and any approved change orders thereto, less the
amount properly paid by Owner to Contractor. The SURETY shall pay Owner all
remaining losses, delay and disruption damages, expenses, costs, and statutory
attorney's fees, including appellate proceedings, that Owner sustains because of
a default by Contractor under the Contract.
2. Any changes in or under the Contract Documents (which include the Plans, Drawings, and
Specifications) and compliance or noncompliance with any formalities connected with the
Contract or the changes therein shall not affect SURETY's obligations under this Bond
and SURETY hereby waives notice of any such changes.
3. The SURETY's monetary obligations to the Owner shall not be reduced by legal fees and
costs incurred by the SURETY arising out of Contractor's default.
4. 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 Contract entered into by Owner and Principal without
the SURETY's knowledge or consent (ii) waivers of compliance with terms of the Contract
granted by Owner to Principal without the SURETY's knowledge or consent, or (iii) the
discharge of Principal from its obligations under the Contract 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 of Principal or its estate as a result
of any such proceeding.
IFB 21/22-20 Reconstruct Two (2) Homes
00605-2
PERFORMANCE BOND
(100% of Contract Price)
5. The Surety shall indemnify and hold the Owner harmless from any and all claims and
damages, arising from the Contractor's default under the Contract including, but not limited
to, contractual damages, expenses, costs, injury, negligent default, or intentional default,
patent infringement and actual damages in accordance with the Contract.
6. In the event that the SURETY fails to fulfill its obligations under this Performance Bond, then
the SURETY shall 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 from the SURETY's failure to fulfill its obligations hereunder. This
paragraph shall survive the termination or cancellation of this Performance Bond.
7. The Contractor shall save the Owner harmless from any and all damages, expenses and
costs which may arise by virtue of any defects in said work or materials within a period of
two (2) years from the date of Final Completion of the Project.
8. 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.
IN WITNESS WHEREOF, this instrument is executed this day of
,20
ATTEST.
By: Secretary
Typed Name of Secretary
(CORPORATE SEAL)
(Witness to CONTRACTOR)
Michael Rice
Typed Name
(Witness to CONTRACTOR)
Typed Name
IFB 21/22-20 Reconstruct Two (2) Homes
PRINCIPALICONTRACTOR
Orange Avenue Enterprises LLC
PRINCIPAL / CONTRACTOR
By: CONTRACTOR Signatory Authority
Anthony Roy, Owner
Typed Name and Title
801 W. 1 st Street
Address
Sanford, FL 32771
City, State, Zip
321-926-3151
Telephone No. Facsimile No.
00605-3
PERFORMANCE BOND
(100% of Contract Price)
ATTEST.-
(SURETY)
TTEST.(SURETY) Secretary
Susan L. Reich
Typed or Printed Name
SURETY
United States Fire Insurance Company
SURETY
Teresa L. Durham*
Typed or Printed Name
Attorney -In -Fact & FL Licensed Resident Agent
Title
• n
Witness as to SURETY
Coralise Medal
305 Madison Avenue
Address
Morristown, NJ 07960
City, State, Zip
iene a arnng on 973-490-6600 973-490-6849
Typed or Printed Name Telephone No. Facsimile No.
*Florida Surety Bonds, Inc.
620 N. Wymore Rd., #200
Maitland, FL 32751
407-786-7770
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. 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.
IFB 21122-20 Reconstruct Two (2) Homes
END OF SECTION
00605-4
PERFORMANCE BOND
(100% of Contract Price)
Bond No. 608-102649-9, Executed in 2 Counterparts
SECTION 00610
PAYMENT BOND
(100% of Contract Price)
Project Name: Reconstruct Two (2) Homes- Sanford FL
City Contract No.: IFB No. 21/22-20
Contractor
Surety
Name: Orange Avenue Enterprises LLC United States Fire Insurance Company
Address: 801 W. 1st Street
Sanford FL 32771
Phone No.: 321-926-3151
305 Madison Avenue
Morristown, NJ 07960
973-490-6600
Owner
Name: City of Sanford
Address: 300 N. Park Ave.
Sanford, FL. 32771
Phone No.: 407-688-5028
KNOW ALL MEN BY THESE PRESENTS that
The above named Contractor, as Principal, and the above named Surety, as SURETY, are held
and firmly bound unto the Owner, the City of Sanford, a Political Subdivision of the State of Florida,
in the full and just sum of $ 558 150.00 , lawful money of the United
States of America, to the payment of which sum, well and truly to be made, the Contractor and
SURETY bind themselves, their representatives, and each of their heirs, executors,
administrators, successors and assigns, jointly and severely, firmly by these presents.
The Project is located at:
909 E. 8th Street and 1407 W. 12th Street, Sanford, FL 32771
General description of the Work: Clear and prepare lots and construct two (2) new dwellings.
WHEREAS, the Contractor has by written Agreement dated , 20_
entered into a Contract with the Owner for IFB No. 21/22-20 , for the project entitled
Reconstruct Two (2) Homes- Sanford FL , with conditions and provisions
as are further described in the aforementioned Agreement, which Agreement is by reference made a
part hereof for the purpose of explaining this bond.
IFB 21/22-20 Reconstruct Two (2) Homes PAYMENT BOND
(100% of Contract Price)
00610-1
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:
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. Any action instituted by a claimant under this Bond for payment must be in accordance
with the notice and time limitation provisions in Sections 255.05(2) and 255.05(l 0), Florida
Statutes.
3. This Payment Bond is conditioned that Contractor shall promptly make payments to all
persons defined in Section 713.01, Florida Statutes, whose claims derive from the
prosecution of the Work provided for in the Contract.
4. Pursuant to Section 255.05, Florida Statutes, a claimant, except a laborer, who is not in
privity with the Contractor shall, before commencing or not later than forty-five (45) days
after commencing to furnish labor, services, or materials for the prosecution of the Work,
serve the contractor with a written notice that he or she intends to look to the Bond for
protection. A claimant who is not in privity with the Contractor and who has not received
payment for furnishing his or her labor, services, or materials shall serve a written notice
of nonpayment on the Contractor and on the SURETY. The notice of nonpayment shall
be under oath and served during the progress of the Work or thereafter but may not be
served earlier than forty-five (45) days after the first furnishing of labor, services, or
materials by the claimant or later than ninety (90) days after the final furnishing of the
labor, services, or materials by the claimant or, with respect to rental equipment, later than
ninety (90) days after the date that the rental equipment was last on the job site available
for use.
5. The time periods for service of a notice of nonpayment or for bringing an action against a
Contractor or a Surety shall be measured from the last day of furnishing labor, services,
or materials by the claimant and may not be measured by other standards, such as the
issuance of a certificate of occupancy or the issuance of a certificate of substantial
completion.
6. An action, except an action for recovery of retainage, must be instituted against the
actor or the SURETY on the payment bond within one (1) year after the performance
labor or completion of delivery of the materials or supplies. An action for recovery
of retainage must be instituted against the Contractor or the SURETY within one (1) year
after the performance of the labor or completion of delivery of the materials or supplies.
7. The claimant shall have a cause of action against the Contractor and SURETY for the
amount due him or her, including unpaid finance charges due under the claimant's
contract. Such action may not involve the Owner in any expense.
IFB 21122-20 Reconstruct Two (2) Homes PAYMENT BOND
00610-2 (100% of Contract Price)
Any changes in or under the Contract or Contract Documents and compliance or non-
compliance with any formalities connected with the Contract 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 Contract or Contract Documents. This Payment Bond shall not cover any
components or materials directly purchased and paid for by the Owner.
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.
IN WITNESS WHEREOF, this instrument is executed this day of
,20
ATTEST: PRINCIPAL/CONTRACTOR
Orange Avenue Enterprises LLC
PRINCIPAL / CONTRACTOR
By: Secretary
By: CONTRACTOR Signatory Authority
Anthony Roy, Owner
Typed Name of Secretary
Typed Name and Title
801 W. 1 st Street
(CORPORATE SEAL)
Address
Sanford, FL 32771
(Witness to CONTRACTOR)
City, State, Zip
Michael Rice
321-926-3151
Typed Name
Telephone No. Facsimile No.
(Witness to CONTRACTOR)
Typed Name
IFB 21/22-20 Reconstruct Two (2) Homes
1@11 IM
PAYMENT BOND
0 00% of Contract Price)
ATTEST.
.7,) -1c ,1
(SURETY) Secretary
Susan L. Reich
Typed or Printed Name
SURETY
United States Fire Insurance Company
SURETY
By:p
Teresa L. Durham'
Typed or Printed Name
Attorney -In -Fact & FL Licensed Resident Agent
Title
Witness as to SURETY
Coralise Medal
Typed or Printed Name
Wi esus as to SUR
Hieneka Harring n
Typed or Printed Name
305 Madison Avenue
Address
Morristown, NJ 07960
City, State, Zip
973-490-6600 973-490-6849
Telephone No. Facsimile No.
"Florida Surety Bonds, Inc.
620 N. Wymore Rd., #200
Maitland, FL 32751
407-786-7770
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
perate in the State of Florida. Attorneys -in -fact who sign Bid Bonds or Performance/Payment
onds 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.
IFB 21/22-20 Reconstruct Two (2) Homes
END OF SECTION
00610-4
PAYMENT BOND
(100% of Contract Price)
POWER OF A'TT'ORNEY
UNITED STATES FIRE INSURANCE COMPANY
PRINCIPAL OFFICE- MORRISTOWN, NEW JERSEY
0096522
KNOW ALI. MEN BY TI IESE PRESENTS: 71tat United States Aire Insurance Company, a corporation duly organized and existing under the laws of Ate state of Delaware, has
made, constituted and appointed, and does hereby make, constitute and appoint:
Jeffrey iM Reich, Susan L. Reich, Kint E. Nit,, Cheryl A. Foley, Robert R O'Linn, Gloria A. Richardv,
Teresa L. Durham, Sarah K. O'Linn, Entily J. GolecN, Lisa A. Roseland
each, its true and lawful Attorney(s)-in-Fact, with ftdl power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: Any and all bonds
and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as filly and to
the same extent as ifsuch bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal
office, in amounts or penalties not exceeding: Seven Million, Five Hundred Thousand Dollars (57,500,000).
This Power of Attomey limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to hind United States Fire Insurance
Company except in the manner and to the extent therein stated.
This Power of Attomey revokes all previous Powers of Attorney issued on behalf of the Attorneys -In -Fact named above and expires on January 31, 2023.
'chis Power of Attorney is granted pursuant to Article IV of the By -Laws of United States Fire Insurance Company as now in fill force and eflcct, and consistent with Article 111
thereof, which Articles provide, in pertinent pan:
Article IV, Execution of Instruments - Except as the Board of Directors may authorize by resolution, the Chairman of the Board, President, any Vice -President,
any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behalf of the Corporation:
(a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents
whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attomey or
revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements;
(b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including all ixing the seal of the Corporal ion.
Article Ill, Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings,
recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed,
facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous
instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such off icer or officers
of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the
purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact
that he may have ceased to be such at the time when such instruments shall be issued.
iN WITNESS WHEREOF, United States Fire insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto
affixed this 28'h day ol'Scptember, 2021.
UNITED STATES FIRE INSURANCE COMPANY
Matthew fi, Lubin, President
State of New Jersey i
County ol'Morris j
On this 281h day of September, 2021, before me, a Notary public of the State of New Jersey, came the above maned ofliecr of United States Fire Insurance
Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed
the seal of United States Fire Insurance Company thereto by the authority of his office.
MEUSM H. D'ALESSIO
NOTARY P0f3X OF NEW JUMV
my Cma at EON #tt11U?5
Melissa H. D'Alessio (Notary P
1, the undersigned officer of United States Fire insurance Company, it Delaware corporation, do hereby certify that the original Power of Attorney of which the
foregoing is a full, true and correct copy is still in force and effect and has not been revoked.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire insurance Company on the day
of 20
UNITED ST'A'TES FIRE INSURANCE COMPANY
Alfred N. Wright, Senior Vice President