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Home My WebLink AboutVocelle/Barber Reconstruction and PavingLPLf SEBASTIAN 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 Reconstruction and Paving Vocelle/Barber—Bond # 5216828. Dear Mr. Rose: I am releasing payment and performance bonds #5216828 issued by Westfield Insurance Company in the amount of $262,541.00 to the City of Sebastian for Reconstruction and Paving Voocelle/Barber Sincerely, � GtJ�Q..�c.a.vn,o anette Williams, MMC City Clerk Attachment. Original Bonds #5216828 This bond is given to comply with Section 255.05 or Sectoins 713.23 and 713.245 Florida Statutes, and any action instituted by a claimant under this Bond for payment must be in accordance with the notice and time limitation provisions in Section 255.02(2) or Sections 713.23 and 713.345 Florida Statutes PAYMENT AND PERFORMANCE BOND BOND NUMBER 5216828 (This form provided by Owner as an example of the form of bond; the actual bond form must conform to the standards required by Florida Statues) KNOWN ALL PERSONS BY THESE PRESENTS: that TIMOTHY ROSE CONTRACTING INC (Name of Contractor) 1360 Old Dixie Hwy SW Suite 106 Vero Beach FL 32962 (Address of Contractor) a Corporation hereinafter called Principal and (Corporation, Partnership or Individual) WESTFIELD INSURANCE COMPANY (Name of Surety) One Park Circle, P.O. Box 5001, Westfield Center, OHIO 44251-5001 (Address of Surety) hereinafter called Surety, are held and firmly bound unto THE CITY OF SEBASTIAN ("Owner"), whose address shall be ]mown as 1223 Main Street. Sebastian FL 32958 in the total aggregate penal sum of 100% of the contract amount equivalent to Two hundred sixty-two thousand, five hundred forty-one and xx/00----- Dollars (written amount of contract) ($ 262,541.00 (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 January2017. a copy of which is hereto attached and made a part hereof, for Vocelle/Barber Reconstruction and Paving NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terns, 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 5216828 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 terns 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: - (Princtpgl) Secretary (SEAL) (Witness as to Principal) Timothy Rose Contracting, Inc. (Principal) Signature P_ . d N e & itle �� g� 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. BOND NUMBER 5216828 WITNESS WHEREOF, this instrument is executed in two counterparts, each of which shall be deemed an original, this the 13th day of n is 017 ATTEST• Principal Secretary) (SEAT,) (Vritness as to Principal) ress �Z ATTEST: (Wt ess a Surety) 3070 SW Mapp Road (Address) Palm City, FL 34990 TIMOTHY ROSE CONTRACTING, INC. (Principal) By: _ —�� (Signature) LU 'jdS�"Y l — (Pr 6d Namdand Title) 1360 Old Dixie Hwy SW, Suite 106 (Address) Vero Beach, FL 32962 WESTFIELD INSURANCE COMPANY (Surety Typed or Printed) (Attomey-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 Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company' and collectively as "Companies," duly organized and existing under thelawsof the State of Ohio, and having is principal office In Westfield Center, Medina County, Ohio. do by these nt CABOT W. LOesents RD, JOSEPH E. Ctitute and POONIS, JOINTLY OR SEVERALLY of PALM CITY and State of FL is true and lawful Altorney(s)•ln-FmL 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 OUaf NILt. OR BANK DEPOSITORY Boum as fully and to the same extent as if such bonds were signed by the attested by is Secretary, hereby ratifying and confirmino a0 that m -Us It Resolved, that the President, any Senior Exec be and is herebyy vested with full power and authority I and on behalf o(the Company subject to the following 1 The Attorney -in -Fact. may be given full power an t deliver, any and all bonds, recognizances, contracts, z notices and documents canceling or terminating the Attorney -in -Fact shall be as binding upon the Company 'Be it Further Resolved, that the signature of any SL power of attorneyy or any certificate relating thereto by seal shall be valitl and binding upon the Company wId Fold nn Con....... a anon Secretary or any Fid any one or more suh )r and in the name of s of Indemnity and o In designated person an scsimile, and any power respect to any bond or i is corporate A may do in each of the or Omer Executive shall to represent and act for and on behalf of the Company, to execute, acknowledge and her conditional or obligatory undertakings and any and all er, and any such instruments so executed by any such nd sealed and attested by the Corporate Secretary,' seal of the Company heretofore or hereafter affixed to any orney or certificate bearing facsimile signatures or facsimile taking to which it is attached." (Each adopted at a meeting In ha ustesFshoRANCE edAtiTFIELD tyar rEetvANY hlpFARMERS breCOMPANY a caed hepreents tbe Sgnbytheir Naonall SuureLedeand Senoxccuie and teir corporate seas to e hereto affixed this 21st day of MARCH A.D.. 2014 Corporate SYRA�W` ' ',.'OrJ Seals SSL ".. N'"• 111S IN WESTFIELD INSURANCE COMPANY Amxed r .w G : i''•f ,..•••� 1 1 , WESTFIELD NATIONAL INSURANCE COMPANY % y ''�*i OHIO FARMERS INSURANCE COMPANY SEAL ; ufr[It. �t`�.r,,,•."•• <� W. zj1 .. .los �:•1848.�i(\(�Yj�\J\��rc11,,y"�",�/�� State of Ohio ,�,,, ......^'"rr By: `•� Dennis PB County of Medina ss.: P. aus, National Surety Leader and 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 sa , that he resides in Wooster, Ohio; that he Is National SureLeaderLeader and Senior EXeCutive of WESTFIELD INSURANCE executed the above insttrument that he os te COMPANY said Cnd ompanies; thatsthe seals affixed to said nstrumenthe tare such corporate seals; which h t they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Ncearial SealAffixed 1k PtAL z,r��177�.,• �� State of Ohio x111,,,�77 County of Medina ss.: A •1ia,I10 David A. Komik, Attorneyat Law, Notary Public My Commission Does Not Epire (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 Companles, 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 Janus 9 ry `givR.tp� 2017 r...Pt\Ne';;�•..,`� �dM1L ........... (sGliJ.. j}}j],�, ia • c y: SEAL. Imo: ine � '�' %//"v+.R l ,' I f/Ta_yu..,•O `�„•"`rr t %z, .,. •...+,• •;'o; M11648: Frank A. Carrino, Secretary 3ac*etrrry rr„n %;.. BPOAC2 (combined) (06.02)