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HomeMy WebLinkAboutTotal Golf Construction, Inc. North Football Field Expansion at BSSCcnvL* SEBAT_�IAN HOME OF PELICAN ISLAND 1225 Main Street Sebastlan,FL 32958 (772)388-8215 Phone June 1, 2017 Total Golf Construction, Inc. 4045 43rd Avenue Vero Beach, FL 32960 RE: Release of Payment & Performance Bonds for City of Sebastian North Football Field Expansion at the Barber Street Sport Complex—Bond # 5109677 To Whom It May Concern: I am releasing payment and performance bonds #5109677 issued by SureTec Insurance Company in the amount of $159,280.00 to the City of Sebastian for Football Field Expansion at the Barber Street Sport Complex. Sincerely, anett�s MMC City Clerk Attachment: Original Bonds #5109677 620 N. Wymore Road, Suite 200 Maitland, 7FIORIDA SURETY BONDS INC* 407-78fi770Fax 407-786-7766 1326 S. Ridgewood Avenue, Suite #15 Daytona Beach, FL 32114 386-898-0507 Fax 386-898-0510 888 -786 -BOND (2663) Fax 888 -718 -BOND (2663) May 18, 2011 www.FloridaSuretyBonds.com City of Sebastian 1225 Main Street Sebastian, FL 32958 Re: Authority to Date Bonds and Powers of Attorney Principal: Total Golf Construction, Inc. Bond No.: 5109677 Project: North Football Field Expansion at the Barber Street Sport Complex, Sebastian, Florida Dear Sir or Madam: Please be advised that as Surety on the above referenced bond, executed on your behalf for this project, we hereby authorize you to date the bonds and the powers of attorney concurrent with the daze of the contract agreement. Once dated, please fax a copy of the bonds to our office. Sincerely, SureTec Insurance Company gujx�- * - �Q� Leslie M. Donahue Attorney -in -Fact and _ Florida Ilcensed Resident Agent OBLIGEE NAME: (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO.: BOND AMOUNT: $ 159,280.00 CONTRACT NO.: (If applicable) DESCRIPTION OF WORK: North Football Field Expansion at the Barber Street Sport Complex PROJECT LOCATION: Sebastian, Florida LEGAL DESCRIPTION: (If applicable) FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon. Public Work Executed in 3 Counterparts F.S. Chapter 255.05 (1)(a) Cover Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2) OR SECTION 713.23 FLORIDA STATUTES. BOND NO: 5109677 CONTRACTOR NAME: Total Golf Construction, Inc. CONTRACTOR ADDRESS: 4045 43rd Avenue Vero Beach, FL 32960 CONTRACTOR PHONE NO: (772) 562-1177 SURETY COMPANY: SureTec Insurance Company 952 Echo Lane, Suite 450 Houston, TX 77024 (713) 812-0800 OWNER NAME: City of Sebastian OWNER ADDRESS: 1225 Main Street Sebastian, FL 32958 OWNER PHONE NO.: ( 772) 589-5330 OBLIGEE NAME: (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO.: BOND AMOUNT: $ 159,280.00 CONTRACT NO.: (If applicable) DESCRIPTION OF WORK: North Football Field Expansion at the Barber Street Sport Complex PROJECT LOCATION: Sebastian, Florida LEGAL DESCRIPTION: (If applicable) FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon. THE ATTACHED STATUTORY COVER PAGE FORMS AND BECOMES PART OF THIS BOND. PAYMENT AND PERFORMANCE BOND Bond No.5109677 (This form provided by Owner as an example of the form of bond; the actual bond form must conform to the standards required by Florida Statues) KNOWN ALL PERSONS BY THESE PRESENTS: that Total Golf Construction, Inc. (Name of Contractor) 4045 43rd Avenue, Vero Beach FL 32960 (Address of Contractor) a Corporation , hereinafter called Principal and (Corporation, Partnership or Individual) SureTec Insurance Company (Name of Surety) 952 Echo Lane, Suite 450, Houston TX 77024 (Address of Surety) hercinafter called Surety, are held and firmly bound unto the City of Sebastian ("Owner"), whose address shall be known as 1225 Main Street, Sebastian FL 32958 in the total aggregate penal sum of 100% of the contract amount equivalent to One Hundred Fifty Nine Thousand, Two Hundred Eighty and 001100--------------------------- Dollars (written amount of contract) ($ -159,280.00 ) (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 CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Agreement with the Owner, dated the o? day of, 2011, a copy of which is hereto attached and made a part hereof, for North Football Field Expansion at the Barber Street Sport Complex 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 die 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. PB- 1 PROVIDED, FURTHER, that 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 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 notice of any such changes, extension of time, alteration or addition to the terms 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 f 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 WITNESS W1WREOF, this instrument is executed in counterparts, each of which ihall be deemed an original, this the day of 2011. ATTEST: - AW -4,75, - -- (Princi 1) ecretary (Witness as to Principal) FMJME� !--me =--. 01 -- Total Golf Construction, Inc. (Principal) gnature V_ Printed Name & Title 4045 43rd Avenue Address Vero Beach FL 32960 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 3 counterparts, each of which shall be deemed an original, this the .3 day of 2011. PB- 2 ATTEST: Orincipal Secretary) ( SEAL) (Witness as to Principal) 302 --i5An So✓rnw (Address) IT ATTEST: r Lisa Roseland, (Witness as to Surety) * Florida Surety Bonds, Inc. 620 N Wymore Road Suite 200 (Address) Maitland FL 32751 (407) 786-7770 Total Golf Construction, Inc. (Principal) By: - - 1 ature) - (Printed Name and 1-ft1eT '.ice w 4045 43rd Avenue - - (Address) - Vero Beach FL 32960 ------ SureTec Insurance Company (Surety Typed or Printed) = (Attorney -in Fact Signature) - Leslie M. Donahue, Attmey7in=Fact and Florida Licensed Resident -Aa- nt (Printed Name and Tit1'e) 952 Echo Lane, Suite 450, Houston TX 77024 (Address) Note: Date of Bond roust not be prior to date of the Agreement. If Contractor is a partnership, 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. PB- 3 POA #: 910003 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Jeffrey W. Reich, Susan L. Reich, Kim E. Niv, Teresa L. Durham, Patricia L. Slaughter, Gloria A. Richards, J. Gregory Mackenzie, Leslie M. Donahue its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Three Million Dollars and no/100 ($3,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President. sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in the premises. Said appointment shall continue in force until 9/30/12 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(*in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, tzcognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaldng to which it is attached. (Adopted at a meeting held on' 20b of April, 1999.) In Witness JPhereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 28th day of October, A.D. 2008. SURETEC INS CE COMPANY KI Ident State of Texas ss: 12 AX, County of Hams .......�� t On this 28h day of October, 2008 before me personally came B.J. King, to me known, who, being by me duly swom, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. EMichelle Denny Slateo�fTeoceys�W an ti j�,�Vf �1/ 2 Michelle Denny, Notary P He My commission expires August 27, 2012 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney. executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors. set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this day 'f, 20 , A.D. MA • Ari. Brent aty, An nt Secretary Any instrument issued In excess of the penalty stated above Is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST.