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908-Bon Terre Towne Center NOTICE OF AWARD DATE: 12-28-01 TO: The Bon Terre Group, Inc. PROJECT DESCRIPTION: Landscape Maintenance of Right of Ways for Towne Center Mall Area and a pertion of Seminole Crossings -o 8 dated...X o- ,2001. You are hereby notified that your BID has been accepted as indicated below. You are required by the information for Bidders to execute the Agreement and famish the required CONTRACTOR's Performance, Payment and Materials Bonds and certificates of insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within ten (10) calendar days from the date of this Notice, said the City wiil be entitled to consider all your fights arising out of the City's acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The City will be entitled to such other rights as may be granted by law. The City of Sanford reserves the fight to assign and schedule the work of the Contractor, because there may be times when work delays are unavoidable. The City will issue separate notices to proceed for each segment of this project so that the Contractor can adjust his work schedule accordingly. The order of completion for each section may be also changed and will be included in the notices to proceed. You are required to return a knowledged copy of this NOTICE OF AWARD to the City° Dated this ~. day of 2001. By , City Manac~er Ton ..... OF NOTICE Receipt and acceptance of the above NOTICE OF AWARD is hereby acknowledged by this the "Z_ day of NOTICE TO PROCEED DATE: 12 -28-01 TO: The Bon Terre Group, Inc. PROJECT: Landscape Maintenance of Right of Ways for Towne Center Mall Area and a por*jon of Seminole Crossings You am hereby notified to commence WORK in accordance with the Agr ent dated on before (per a~;reemen't)andyouaretocomptetetheWORKwithinNee7~ or N consecutive calendar days thereafter, The completion of aft WORK is therefore, N/A ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED IS HEREBY ACKNOWLEDGED by ._ ~"""/~/J this 7 day of , The Pro,Sure Group, Inc. This is the front page of the performance/payment 't~nd issued in compliance with Florida Statute Chapter 255.05 (revision effective July 1, 1998) Bond Number: 789876 Surety in which bond' s written: Capitol Indemnity Corporation Local Address: P.O. Box 5900, Madison, WI 53705 Local Phone Number: (608) 231-4450 Contractor Name: The Bon Term Group, Inc, Address: 325 Walker Street, Suite B, Holly Hill, FL 32117 Phone: (386) 676-2805 Owner Name: City of Sanford Address: P.O. Box 1788, Sanford, FL 32772 Phone: Obligee Name: Sarne as Owner Address: Phone: Contract Number: IFB 01/02-08 Project Description: Landscape Maintenance of Right of Ways for Towne Center Mall Area and a Portion of Seminole Crossing Project Address: Sanford, FL Legal description of property: See Attached This is the front page of the bond. All other pages are subsequent regardless of preprinted numbers. (813) 243-1 t 10 7217 Benlarnin Road info@prosure .corn (813) 243-1109 fax Tampa, Florida 33634 www. prosure .corn Tampa · I~aletghq:)urham · Aftonto Bond Number: 789876 PERFORMANCE BOND THIS INSTRUMENT WITNESSETH: That we (1) The Bon Terre Group~ Inc. a (2) Corporation organized under the laws of the State of Florida and regularly authorized to do business in the State of Florida as Principal, and we (3) Capitol Indemnity Corporation a (2) Cornoration organized under the laws of the State of Wisconsin and regularly authorized to do business in the State of Florida as Surety, are held and firmly bound unto the City of Sanford in accordance with a Contract hereinafter referred to, in the penal sum of (4)Twent~ Seven Thousand Nine Hundred and 00/100 Dollars ($27,900.00) 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 assignees, jointly and severally, firmly by these presents; WHEREAS, the said Principal has entered into a written contract with the City dated for the work designated as Landscaoe Maintenance of Risht of Ways for Towne Center Mall Area and a Portion of Seminole Crossina located in Sanford, Florida in conformity with Contract Documents hereby referred to and made a 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 covenants, terms, conditions and agreements incurred by the Principal in the performance of said Contract, during the original term thereof, and any extensions thereof which may be granted by the City, with or without notice to the Surety, and shall satisfy all claims and demands 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, 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, expressly 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 the Contract Documents with respect to them. This bond shall remain in effect for a period of two years. IT IS HEREBY STIPULATED AND AGREED that any suit based upon any default of the Principal in fulfilling his obligations to furnish maintenance, repairs, or replacements for any period of time after the Work is completed, if provided for in the Contract, may be brought at any time up to six months after the expiration of the time specified in the Contract during which the Contractor has agreed to fumish such maintenance or make 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 Contract or to the Work to be performed thereunder of the Contract Documents accompanying the same shall in any way affect its obligations 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 the Contract Documents. PROVIDED, FURTItER, that no final settlement between the City and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in several counterparts, ~, each one of which shall be deemed an original, this the day of ~ ~ 2001. The Bon Terre Group, Inc. g ~ Principal co ATTEST: 2: By (Principal Secretary) By (Signature) ~x~ · Typed or Printed Name Typed or Printed Name and Title (CORPORATE SEAL) 325 Walker Street, Suite B Address (Witness to Principal) Holly Hill, FL 32117 City, State, Zip Typed or Printed Name (386) 676-2805 (386) 676-0180 Telephone No. Facsimile No. ATTEST: Capitol Inderm~ity Corporation (Surety) Secretary Surety _(608) 231-4450 (608) 231-2029 Typed or Printed Name Telephone No. Facsimile No. (CORPORATE SEAL) c~~' ~ By ' '~ Jh~eii'G~S ,a.s, to .Surety. - '~'~' .......Attomey-~-Fact and Florida Resident Agent .~-~w?) ~~2~ DavidB. Shick Typed or Printed Name Typed or Printed Name fb/~f_/k 7217 Benjamin Rd. Wime Address t/Tb/./)t /q,4JV~r Tampa, FL 33634 d Name Type or Pnnted City, State, Zip (813) 243-1110 (813) 2434 109 Telephone No. Facsimile No. ]bnd Number: 789876 LABOR AND MATERIALS PAYMENT BOND FORM THIS INSTRUMENT WITNESSETH: That we (1) The ~ organized under the laws of the State of Florida and regularly authorized to do business in the State of (3). Florida as Principal, and we (4) capitol :TademPty Corpo~t~.~(2) ~tio~t organized under the laws of the State of Florida and regularly authorized to do business in the State of (3) Florida as Surety, are held and firmly bound unto (5) the Contract her inafter referred to, in City of Sanford in accordance with a~hnctced a.d 00Y~00 the penal sum of (6)T. ent7 Seven Thousand NLne Dollars ($ 2 ($27,9oo. a)01awful 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 assignees, jointly and severally, firmly by these presents. WHEREAS, the said principal has entered into a written contract with the City dated for work designated as Landscape Maintenance of Right of Ways for Towne Center Mall Area and a portion of Seminole Crossings located in Sanford, Florida, conformity with Contract Documents hereby referred to and made a pad 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 satisfy all claims and demands incurred by the Principal 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, and shall promptly make payment of prevailing wages to all persons supplying labor, equipment or materials for use in the prosecution of the work, whether by subcontractor or otherwise, and including all insurance premiums on said work 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, expressly guarantee that the City will be held harmless from any liens, claims, demands or obligations in conjunction with materials or services provided with respect to this Contract. This bond shall remain in effect for a period of one year from the date of final acceptance. The City may sue on this Bond, and any person furnishing material or performing labor, either as an individual or as a Subcontractor, shall have the right to sue on this Bond in the name of the City for his use and benefit. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Contract Documents accompanying the same shall in any way affect its obligations 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 the Contract Documents. PROVIDED, FURTHER, that no final settlement between the City and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in several counterparts, each one of which shall be deemed an original, this the day of ,2001. Principal ATTEST: By (Principal Secretary)' 'By (Signature) ~A~_--- ~'/ Typed or Printed Name Typed or Printed Name and Title (CORPORATE S~L) 325 Wa~ S~t, ~te B AddFess (Witness to Principal) Holly H:[ll, ~ 32117 Typed or Printed Name City, State, Zip (Witness'to Principal) <386) 676-2805 (386) 676-0180 Telephone No. Facsimile No. Typed or Printed Name ATTEST: Capitol ~e,,~i~1~ Co~tio~ (Surety) Secretary Surety (608) 231-4450 (608) 231-2029 Typed or Printed Name Telephone No. Facsimile No. (C~ORATE SEAL) Witness as to Surety T~/'~ed or Printed Name Typed or Printed Name Wit Address Typed or nted Name City, State, Zip (813) 2~3-1no (813) 243-1109 Telephone No. Facsimile No. 4610 UNiVERSiTY AVENUE, SUITE 1400, MADISON, WISCONSIN 53705-0900 PLEASE ADDRESS REPLY TO P.O. BOX 5900, MADISON, Wi 53705-0900 PHONE (608) 2314450. FAX (608) 231-2029 POWER OF A ORNEY No: 5 9 3 2 ? B. SHIC~, ~(A~..i CLEMBNT5 OR DAVID R. ~URC]OS .............................. 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