HomeMy WebLinkAboutAshbury Sidewalk ImprovementPERFORMANCE BOND
Bond# S705565
KNOW ALL MEN BY THESE PRESENTS:
That Clark Development Company, a Florida corporation, developer (hereinafter called
the "Principal"), and Old Dominion Insurance Company, a surety company authorized to
transact business in the State of Florida (hereinafter called the "Surety"), are held and
firmly bound unto the City of Sebastian, a political subdivision of the State of Florida
(hereinafter called the "City"), in the full and just sum of Twenty Eight Thousand Four
Hundred Seventy One and 00/100 Dollars ($28,471.00) lawful money of the United
States of America, to be paid to the City, to which payment well and truly to be made we
bind ourselves, our heirs, executors, administrators, successors and assigns jointly and
severally, firmly by thee presents.
WHEREAS, the above bounded Principal, as a condition precedent to the approval by the
City of a plat of a certain subdivision known as Ashbury Subdivision has entered into a
written contract with the City to construct required interior sidewalk improvements
consisting of 2,465 linear feet as prescribed by the contract and the Subdivision and
Platting Ordinance of Sebastian, pertaining to said subdivision. The contract is
incorporated herein by this reference and made a part hereof for all purposes; and
WHEREAS, it was one of the conditions of the contract that this bond be executed.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are that if the
above bounded Principal shall in all respects comply with the terms and conditions of the
contract, within the time therein specified, and shall in every respect fulfill its obligations
thereunder and under the permits, plans and regulations therein referred to and made a
part thereof, and shall indemnify and save harmless the City against or from all claims,
costs, which the City may sustain on account of the failure of the Principal to carry out
and execute all the provisions of the contract, within the time therein specified, then this
obligation to be void; otherwise to be and remain in full force and virtue.
THE SURETY UNCONDITIONALLY COVENANTS AND AGREES that if the
Principal fails to perform all or any part of the obligations stated in said contract, within
the time specified, the Surety, upon sixty (60) days' written notice from the City, or its
authorized representative, as to the default, will forthwith perform and complete the
aforesaid obligations and pay the cost thereof, including but not limited to, engineering,
legal and contingent costs. Should the Surety fail or refuse to perform and complete said
improvements, the City, in view of the public interest, health, safety and welfare and the
inducement in approving and filing said plat, shall have the right to resort to any and all
legal remedies against the Principal and the Surety, or either, including specific
performance, to which the Principal and Surety unconditionally agree.
THE PRINCIPAL AND SURETY FURTHER jointly and severally agree that the City, at
its option, shall have the right to construct or, pursuant to receipt of competitive bids,
cause to be constructed the aforementioned improvements in the event the Principal, or
the Surety if requested, should fail or refuse to do so in accordance with the terms of the
contract. In the event the City should exercise and give effect to such right, the Principal
and the Surety shall be jointly and severally liable hereunder to reimburse the City for the
total costs thereof, including but not limited to, engineering, legal and contingent costs,
including reasonable attorney's fees, together with any damages, either direct or
consequential, which may be sustained by the City on account of the failure of the
Principal to carry out and execute all provisions of the contract.
It is expressly understood that the protections provided by this bond shall run exclusively
to the City and its successors or assigns and same are not expressly or impliedly intended
to protect or save harmless any contractor, subcontractor, supplier, materialman, laborer,
purchaser, or other party unless expressly agreed and acknowledged by the City in
writing.
IN WITNESS WHEREOF, the Principal and the Surety have executed these presents this
8t' day of September, 2005.
Witnesses: Clark Development Company
Principal
(L' LiCL Q- ('6 &L" C. -
Printed ame:
S. C�sT£ t► e
Printed name:
Pruitt Insurance Agency, Inc.
P.O. Box 360875
Melbourne, FL 32936-0875
(321)254-3639
By: -
Coy A. ClArk, President
Old Dominion Insurance Company
Surety
B
Y•
Attorney -in -Fact ag
Licensed Resident Agent #A095296
Vanessa Y. Genovese "-
OLD DOMINION
INSURANCE COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Old Dominion Insurance Company, a Florida corporation having its
principal office in the City of Jacksonville, State of Florida, pursuant to Article XII of the By -Laws of said Company, to wit:
"Article XII. The chief executive officer or president or a vice-president may execute fidelity and surety bonds and other
bonds, contracts of indemnity, recognizances, stipulation, undertakings, receipt, releases, deed releases of mortgages,
contracts, agreements, policies, notices of appearance, waivers of citation and consents to modifications of contracts as
may be required in the ordinary course of business or by vote of the directors, and such execution may be attested where
necessary or desirable and the seal of the company where necessary or desirable may be affixed to the specific instrument
by a secretary or an assistant secretary.
The chief executive officer or president may with the concurrence of the secretary appoint and authorize an attomey-in-fact
or any other person to execute on behalf of the company any of said instruments and undertakings and to affix the seal of
the company thereto where necessary or desirable." "RESOLVED, that the signatures and attestations of such officers and the seal
of the Company may be affixed to any such Power of Attorney by facsimile, and any such Power oA. orney bearing such
facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affi respect to any bond,
or other contract of indemnity or writing obligatory in the nature thereof,
Pursuant to said by-law: Lonnie K Pruitt Vanessa Y Genovese
is hereby appointed and authorized as a true and lawful attorney-in-fact to make, l k�ute, s al and deliver for and on behalf
m
as its act and deed bonds, undertakings, recognizances, contracts of indeni other wri3gs obligatory in the nature of
a bond subject to the following limitation:
No one bond to excee illio rs($5,000,000.00)
and to bond Old Dominion Insurance Company thereby as fully an same s if such instruments were signed by
the duly authorized officers of Old Dominion Insurance Compa all said attorney-in-fact are hereby
satisfied and confirmed.
IN WITNESS WHEREOF, Old Dominion Insurance Co as caus tAeYe presents to be signed by its authorized;epresgntative
and its corporate seal to be hereto affixed this 18th day o n ry 2 APPOINTMENT SHALL CEASE,AIII Nl4TE
AUTOMATICALLYAS OF DECEMBER 31ST 2 mess s evoked as provided.•��.,•,
00
Old Dominion Insurance Company y:
- -:� Mt: _
p Lyn E. Lan , Authorized ese vi
a
State of New Hampshire, County o re •., - - _ _ .-- ; : • =
On this 18th day of January 20 f e the su er a Notary Public of the State of New Hampshire in and for�f3;;; - -.,�.�•':,:
County of Cheshire, duly c ned and q ' ied, came Lyn E. Landry of the Old Dominion Insurance Company,''
to me personally known representative described herein, and who executed the preceding instrument, and he acknowledged the
execution of same, and being y me fully sworn, deposed and said that he is a representative of said Company, aforesaid: that the seal
affixed to the preceding instrument is the corporate seal of said Company, and the said corporate seal and his signature as representative
were duly affixed and subscribed to the said instrument by the authority and direction of the said Company; that Article,�Ub is,i,,�
of the By -Laws of said Company is now in force. ••`�1, M• FoR,`''••,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal at Keene, New Hamps 0 T A R r'
18th day of January 2005. `''jY1 /`�y ' N
Notary Public ; p ` G
My Commission Expires: 3-]9- 8 u B L ;
I, William C. McKenna, Corporate Secretary of Old Dominion Insurance Company, do hereby certify that the a>; e,�ind•,••.•,.• ' ���•`
foregoing is a true and correct copy of a Power of Attorney executed by said Company which is still in force andRAMe�f,L�tr'►i ••'
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company this 8th day of
September , 2005 00
/G/% , "r -
Corporate Secreta X-.�
68-6316.009 brittonc
WARNING —Any unauthorized reproduction or alteration of this document is prohibited. This power is void unless seals are readable
And the certification seal at the bottom is embossed. The diagonal imprint, warning and confirmation must be in red ink.
CONFIRMATION • Of validity of attached bond, call ODIC at: Jacksonville (904) 739-0873.
OR/24/2005 07:10 TEL 7727709496 SCHULKE BITTLE &STODDARD
JOSEPH W. SCHULKE, P.E.
JODAH B. BITTLE. RE
WILLIAM P. STODDARD, Ph.D., P.E.
SCHULKE, BITTLE 8t STODDARD, L.L.C.
0 012
CIVIL & STRUCTURAL ENGINEERING • LAND PLANNING • ENVIRONMENTAL PERMITTING
Engineers Certified Cost Estimate — Ashbury Subdivision
L Joseph Schulke, P.E., A Florida registered engineer, License No. 47048, do hereby
certify to the City of Sebastian that a cost estimate for sidewalks has been prepared under
my responsible direction for those improvements itemized in this exhibit and that the
total cost estimate for said improvements is $28,470.75 and represents the estimated cost
to con.stnwt the sidewalks plus a 10% contingency. This estimate has been prepared, in
part, to induce approval by the county of a reduction of the bond amount for the Ashbury
Subdi-7sion, and for the purpoS f establishing proper surety amounts associated
therewith.
No. 4 048
1717 INDIAN RIVER BLVD., SUITE 301. VERO BEACH, FLORIDA 32960
Tm 772 / 770-9622 Fix 772 / 770-9496 Eft sbsengftellsouth.net
rM')r;r2aa4gC PAf;F.1?
08/24/2005 07:10 TEL 7727709496 SCHULKE BITTLE &STODDARD
Sidewalk
BONb AMOUNT FOR ASHBURY SUBDIVISION 8-23-05
9 013
DESCRIPTION
--UNITJuNrrpRicF.1 TOTAL
GENERAL
Interior sidewalks
LF 2465 $10.50 $25,882.50
Subtotal $25,882.50
PLUS 10%
$20925
BOND AMOUNT
$289470.75
00000
Date s
.. dos 14
FL.Re ., r 7048