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HomeMy WebLinkAboutIndian River Dr. Angled ParkingSESAS-T�" HOME OF PELICAN ISLAND 1225 Main Street Sebastian, FL 32958 (772)388-8214 Phone February 13, 2017 Timothy Rose Contracting 1360 SW Old Dixie Hwy Vero Beach, FL 32962 RE: Release of Payment & Performance Bond for the Indian River Drive Angled Parking-- Bond # 480254P. Dear Timothy Rose Contracting: I am releasing payment and performance bonds #480254P issued by Developers Surety and Indemnity Company in the amount of $31,137.50 to the City of Sebastian to Provide Indian River Drive Angled Parking. Sincerely, 4U Jeanette Williams City Clerk MMC Attachment: Original Bonds #480254P cc: City Manager CityAttorney City Engineer PUBLIC WORKS BOND THIS IS THE FRONT PAGE OF THIS PERFORMANCE AND PAYMENT BOND ISSUED IN COMPLIANCE WITH CHAPTER x255.05 FLORIDA STATUTES. BOND NO. 480254P CONTRACTOR NAME: Timothy Rose Contracting, Inc. CONTRACTOR ADDRESS: 1360 SW Old Dixie Hwy. , Vero Beach,. FL 32962 CONTRACTOR PHONE NO. (772-564-7800 SURETY COMPANY: Developers Surety and Indemnity Company Segond AvenugSouth Ste 704S Petersburg, - OWNER NAME: City of Sebastian OWNER ADDRESS: 1225 Main Street Sebastian, FL 32958 OWNER PHONE NO. ( l - OBLIGEE NAME:(ucontracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO. BOND AMOUNT: , CONTRACT NO. (ifAppikame) DESCRIPTION OF WORK: -Indian River rive An a Parking g g PROJECT LOCATION: City of Sebastian, FL LEGAL DESCRIP71ON: FRONT PAGE (ALL OTHER BOND PAGES ARE DEEMED SUBSEQUENT TO THIS PAGE REGARDLESS OF ANY PAGE NUMBERS THAT MAY BE PRE-PRINTED REON) 3120140049372 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH. CLERK OF COURT INDIAN RIVER COUNTY FL BK: 2782 PG: 2057 Page 1 of 5 8/21/2014 3:03 PM '480254P PAYMENT AND PERFORMANCE BOND (This form provided by Owner as an example of the form of bona; the actual bond form must conform to the standards required by Florida Statues) KNOWN ALL PERSONS BY TBESE PRESENTS: that Timothy Rose Contracting, Inc. (Name of Contractor) 1360 SW Old Dixie Hwy., Vero Beach, FL 32962 (772)564-7800 (Address of Contractor) a Corporation , hereinafter called Principal and (Corporation, Partnership or Individual) Developers Surety and Indemnity Company (Name of Surety) 100 Second Avenue South, Ste 704S, St. Petersburg, FL 33701 (Address of Surety) (866)875-7929 hereinafter called Surety, are held and firmly bound unto City of Sebastian ("Owner"), whose address shall be known as 1225 Main Street , Sebastian, FL 32958 in the total aggregate penal sum of 1000A of the contract amount equivalent to Thirty One Thousand One Hundred Thirty Seven and 50/100 Dollars (written amount of contract) ($ 31,137.50 ) (numerical amount) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally firmly by these presents. THE CONDPITON OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Agreement with the Owner, dated the day of , 2007, a copy of which is hereto attached and made apart hereo& for Indian River Drive Angled Parking NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contracts during. the original term thereof, and any extension thereof which may be granted by the Owner, with or without notice to the SURETY and during the one year guaranty period and if the PRINCIPAL shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner for all costs which it may incur in making good any default then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said SURETY, for value received hereby stipulates and agrees that no change, extension ottime, alteration or addition to the berms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying same shall in any way affect its obligation on this BOND, and it does hereby waive nonce of any such changes, extension of time, alteration or addition to the teams of contract or to the WORK or to the SPECIFICATIONS. • - PROVIDED, FURTHER, that it is expressly agreed that the BOND shall be deemed amended, automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing the contract price more than 20 percent, so as to bind the PRINCIPAL and the SURETY to the full and faithful performance of the contract as so amended, the term "Amendment", wherever used in this BOND, and whether referring to this BOND, or- the Contract shall include any alteration, addition, extension, or modification of any character whatsoever. PROVIDED, FURTHER, that no final settlement between the Owner and the PRINCIPAL shall abridge the right of the other beneficiary hereunder, whose claim may be unsatisfied. The Owner is the only beneficiary hereunder. IN SSS WHEREOF, this instrument is executed in count each of which shall be deemed an original, this the 19 day ofAugust , 2014. ATTEST- Timothy Rose Contracting, Inc. rind Secretuy © Ca L) tWitness as (Princi By. Signature Printed Name & Title Timothy Rose President 1360 SW Old Dixie Hwy. Vero Beach, FL 32962 PROVIDED, FURTHER, that no final settlement between the Owner and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. WITNESS WHEREOF, this instrument is executed in 2 counterparts, each of which shallbe deemed an original, this the 19 day of August , 2014. 04 V I rklI ip (Principal Secretary) t$441:11111 as as to PdncW Cd , ., . --(Address),V& 3'-n62, Tv (Witness as to urety) ot373 • h/• S I" rap (Address) L Timothy Rose Contracting, Inc. (Principal) By: (Si9wit e) Timothy Rose President (PrinW Name and Title) 1360 SW Old Dixie Hwy. Vero B(eachh,,• ) FL 32962 Dev opers Surety and Indemnity ( Typed o printed) ny (Attorney -in Fact Signature) Robert Barra Attorney In Fact (Printed Name and Title 100 Second Avenue South, Ste704S (Address) St. Petersburg, FL 33701 Note: Date of Bond must not W prior m date of the Agreement If Contractor is a parinersship all partners should 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. 480254P POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY, do each, hereby make, constitute and appoint: ***Robert Barra*** as its true and lawful Attomey(s}in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporation as surety, bonds, undertakings and contracts of suretyship including, without limitation, any and all surety bonds, and consents or other writings required by the Florida Department of Transportation incident to the release of retained percentages and final estimates on construction or maintenance contracts, giving and granting unto said Attomey(s}in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as the corporation could do, but reserving to the corporation full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY, effective as of March 25th, 2009. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attomey, qualifying the attomey(s) named in the Powers of Attomey to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship: and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attomey; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attomey or to any certificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this March 25th, 2009. / ,����,••"",,,���,, `t AND Daniel Young, Vice President ;'JQ-. '"�POR,q o r�; OCT. Uj By: > _ Stephen T. Pate, Senior Vice President =o`• 1936 o: s �• ' D 7�'• .,/0 W , • fid . State of California ..•• 0' .. .. �, ,' ~''�•,,,...*.....�•,�•'��• County of Orange On March 25th, 2009 before me, Jenny TT Nguyen, Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Stephen T. Pate Name(s) of Signer(s) j, who proved to me on the basis of satisfactory evidence to be the person(s) whose naine(s) is/an3 subs ed to the within instrument and acknowledged to me that helshe/they executed the same-ih hislhe{itf 'a JENW �QVH capacity(ies), and that by his/her/their scgnature(s) on the instrument the persons), oHhsr ;t�Bh�Cof-'_• COMM. # 1781840 which the person(s) acted, executed the instrument. NarARY PUBLIC CAUFOMI certify under PENALTY OF PERJURY under the laws of the State of Califomj� Itbo 're��wh�ar� aphi9 �• ORANGE COtlN1Y true and correct. My comm. expires FW 1% 2D12sump WITNESS my hand and official seal. Place Notary Seal Above Signature Je TT Ng n • CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the foregoing Power of Attomey remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attomey, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 1 9fay of August . 2 014 By: 40kuW,1stant Secretary ID-1438(Wet)(Rev.1Oil 1)