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Home My WebLink AboutStreet Milling and PavingLM L\� SEBAST'N HOME OF PELICAN ISLAND 1225 Main Street Sebastian, FL 32958 (772)388-8215 Phone October 9, 2017 Timothy Rose Contracting, Inc. 1360 Old Dixie Hwy SW, Suite 106 Vero Beach, FL 32962 RE: Release of Payment & Performance Bonds for Street Milling and Paving—Bond # 5216840. Dear Mr. Rose: I am releasing payment and performance bonds #5216840 issued by Westfield Insurance Company in the amount of $663,250.00 to the City of Sebastian for Street Milling and Paving Sincerely, In tte Williams, MMC City Clerk Attachment: Original Bonds #5216840 This bond is given to comply with Section 255.05 or Sectoins 713.23 and 713.245 Florida Statutes, and any action instituted by a claimant under this Bond for payment must be in accordance with the notice and time limitation provisions in Section 255.02(2) or Sections 713.23 and 713.345 Florida Statutes PAYMENT AND PERFORMANCE BOND BOND NUMBER 5216840 (This form provided by Owner as an example of theform of bond; the actual bond form must conform to the standards required by Florida Statues) KNOWN ALL PERSONS BY THESE PRESENTS: that TIMOTHY ROSE CONTRACTING INC (Name of Contractor) 1360 Old Dixie Hwy SW Suite 106 Vero Beach FL 32962 (Address of Contractor) a Corporation , hereinafter called Principal and (Corporation, Partnership or Individual) (Name of Surety) One Park Circle, P.O. Box 5001, Westfield Center, OHIO 44251-5001 (Address of Surety) hereinafter called Surety, are held and firmly bound unto THE CITY OF SEBASTIAN ("Owner"), whose address shall be known as in the total aggregate penal sum ,f the contract amount equivalent to Six hundred sixty-three thousand, two hundred fifty and xx/00--------- n t�An (written amount of contract) ($ 663,250.00 � (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 11 day of January 201]' copy of which is hereto attached and made a part hereof, for Street Milling and Paving 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 BOND NUMBER 5216840 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 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 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 WITNESS WHEREOF, this instrument is executed in counterparts, each of which shall be deemed an original, this the 13th day of January 2017, ATTEST: Al ( m ipal) Secretary (SEAL) {Witness as to Principal) Timothy Rose Contracting, Inc. (Principal) By Signature Printed Name 8 Titer Twi o+�.., PLos�-c 1360 Old Dixie Hwy SW, Suite 106 Address 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 shall be deemed an original, this the 13th day ATTEST: (Principal Secretary) - '(SEAL) (Witness as to Principal) 1111tIRAR \- • Mv ATTEST: 3070 SW Mapp Road (Address) Palm City FL 34990 BOND NUMBER 5216840 two counterparts, each of which January 017 TIMOTHY ROSE CONTRACTING, INC. (Principal) By: (Signature) ,. (Printed NamdAd Title) 1360 Old Dixie Hwy SW, Suite 106 (Address) Vero Beach, FL 32962 WESTFIELD INSURANCE COMPANY t�ur�eaorrrintec) ,--_-- �-_ (Attorney -in Fact Signature) Cabot W. Lord, Attorney -in -Fact (Printed Name and Title) One Park Circle P.O Box 5001 (Address) Westfield Center, OHIO 44257-5001 Note: Date of Bond must 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. General POWER NO. 0990102 00 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Present; That WESTFIELD INSURANCE COMPANY. WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Com any and collectively as 'Companies,' duly poprrrggesasnized and existing under thelamof the State of Ohio, and having its principal once in West�eitl Center, Medina County, Ohio. do by these CABOT W. LORconstitute D, JOSEPH EaCOON�St JOINTLY OR SEVERALLY of PALM CITY and State of FL Its true and lawful Attorney(s)-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•........................................................... . LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GOAIFA M, OR BANK DEPOSITORY BONDS. and o In thepto bind any of the Companies thereby as fully and tomage under andy the samhor!e y extent as If such of the yollowl bonds were signed bng and confirming all ythe President, seated with the corporate seal of the applicable Company and dul attested by Its Secretary, hereb WESTFIELremiD INSURANCECOMPANintment V WESTFIELD NATIONAL IINS[1RANCE COMPIANY resolution n and FARado M RSt INSURANCE Cthe Board of OMPANY: 'Be each the said Attomey(s)-in-Fact of We 'Be It Resolved that the President, any Senior Executive, any Secretary or any Fidel%y & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the follow!provisions: The Aft mey-in•Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of Indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's �lyiablllry thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed d the President and sealed and attested by the Corporate Secretary." "Be I Further Resolved, that the siGnature of any such designate C person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any pourer of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which It Is attached." (Each adopted at a meeting In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 21st day of MARCH A.D., 2014 . Corpwate t R .o,.' ,,,;,,,,,,,,,,, Seals �d.—••.'OC ,ShONk N''' ,+' 1K? %1% WESTFIELD INSURANCE COMPANY �° ........... :s f WESTFIELD NATIONAL INSURANCE COMPANY amxadA7f,i1 OHIO FARMERS INSURANCE COMPANY •`vjl v iN SEAL jut° 4`�y �\. "^ 1<� yTj:. .•O"e �;�••. 18413 :ii .YY\CLLK. Y�r� State of onto '� "•�.......... 'n•ww'"moi ByDennis PBaus National Surety Leader and County of Medina ss.: Senior Executive On this 21st day of MARCH A.D., 2014 , before me personally came Dennis P. Baus to me known, who, being by me duly sworn, did depose and say, that he resides In Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY• WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial Seal Affixed State ID ,r•P,.••'" `SF yf Ohio of Med v xlp David A. Kotnik, Attorney at Law, Nota Public Count NT � 'moo ina ss: My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) . 1, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY. WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are In full force and effect. In Witness Whereof, I have hereunto set my hand and. affixed the seals of said Companies at Westfield Center, Ohio, this 13th day of A. January vf4��, 2017 • .•Pt\oN.......... ,.,. gym;"_•y*� SEAL SEAL fig' ,�, F ;•,, 'D_= 4� 1B48;t Frank A.CarrinSecretary Sem „ ,. ........ BPOAC2 (combined) (06.02)