HomeMy WebLinkAbout(#26) Ahrens Enterprises, Inc.Electronically Certified Official Record
Agency Name:
Clerk of the Circuit Court:
Date Issued:
Unique Reference
Number:
Instrument Number:
Requesting Party Code:
Requesting Party
Reference:
CERTIFICATION
Indian River County Clerk of the Circuit Court and
Comptroller
The Honorable Jeffrey R. Smith
9/23/2021 1:54:10 PM
BAA-CABIAHBBBHAFDA-BCAGB-DBCACBAAGHAFG-
ICHJG-1
3120210067056
20180711170530
yowens@clerk.indian-river.org
Pursuant to Sections 90.955(1) and 90.902(1), Florida Statutes, and Federal Rules of Evidence
901(a), 901(b)(7), and 902(1), the attached document is electronically certified by The Honorable
Jeffrey R. Smith, Indian River County Clerk of the Circuit Court and Comptroller, to be a true and
correct copy of an official record or document authorized by law to be recorded or filed and actually
recorded or filed in the office of the Indian River Clerk of the Circuit Court. The document may have
redactions as required by law.
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3120210067056 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL
DR: 3466 PG: 2171, 9/23/2021 1:47 PM
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FRONT PAGE OF
PUBLIC PAYMENT BOND
Florida Statute 255.05
BOND NO, 0241407
CONTRACTOR: Ahrens Enterprises, Inc. d/b/a Ahrens Companies
1461 Kinetic Road
Lake Park, FL 33403
(561)863-9004
SURETY: Berkley Insurance Company
475 Steamboat Road
Greenwich, CT 06830
(203) 542-3800
AGENT: Nielson, Rosenhaus & Associates
220 Congress Park Drive, Suite 100
Delray Beach, FL 33445
(561) 454-82I0
OBLIGEE: City of Sebastian
1225 Main Street
Sebastian, FL 32958
(772) 228-7013
PROJECT: Hangar D Multipurpose Hangar & Office Design Build
Purchase Order #9489-00
LOCATION: Sebastian Municipal Airport
202 Airport Drive East, Sebastian, FL 32958
I HEREBY CERTIFY THAT TH36 DOCUMENT IS AT RUE A NO COP MCT COPY OF AN OFFICIAL RCCO P.OR Aigitally siggned by The Honorable Jeffrey R. Smith
DOC H E OFFICE OF THENT E INDIAN RIVER COUNTYUFO BY LAW TO SE ECL RKED 08 OF THEICIRCUTCOURT 4 COMMOL'ERRR FIL[D IN rC rti Date: 2021.09 23 13: 54: 13 -04: 00
THIS DOCUMENT MAY HAVE REDACTIONS AS REQUIRED k1Y LAW. Indian River County Clerk of the Circuit Court and
��r comptroller
VISITWWW,CLERKINOIAN-RIVFR.OFG TO VALIDATE THIS DOCUMENT Location: 2000 16th Ave, Vero Beach, FL 32960
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BK: 3466 PG: 2172
THE PROVISIONS AND LIMITATIONS OF SECTION 255.05
FLORIDA STATUTES, INCLUDING BUT NOT LIMITED TO THE
NOTICE AND TIME LIMITATIONS IN SECTIONS 255,05(2) AND
255.05(10), ARE INCORPORATED IN THIS BOND BY REFERENCE.
Bond No. 0241407
Document A312 TM - 20 1 0
Conforms with The American Institute of Architects AIA Document 312
Payment Bond
CONTRACTOR:
SURETY:
(Natne, lagal:tartrs and address)
(Nance, legal status and principal place of business)
Berkley Insurance Company
Ahrens Enterprises, Inc. dtbla Ahrens Companies
475 Steamboat Road
1461 Kinetic Road
Greenwich, CT 06830
This document has Important legal
consequences. Consuilatlon with
Lake Park, FL 33403
Melling Address for Notices
an attorney is encouraged with
rasped to, its completion or
475 Steamboat Road
modincatl6n.
OWNER:
(Name, legal:tants andaddreu)
Greenwich, 06830
,
Any singular reference to
Contractor, Surely, Owner or
City of Sebastian
y
other party shalt be considered
plural where applicable.
1225 Main Street
Sebastian, FL 32958
CONSTRUCTION CONTRACT
Date: April 15, 2021
Amount: S 1,964,187.00 One Million Nine Hundred Sixty Four Thousand One Hundred Eighty Seven Dollars
and 001100
Description:
(Nacre and location)
Hangar D Multipurpose Hangar & Office in accordance with Design Build GMP Work Services Agreement,
Purchase Order#9489-00 dated May 17, 2021
BOND
Date: September 22, 2021
(Nor earlier than Conatrrreilon Contract Date)
Amount:S1,964,187.00 One Million Nine Hundred Sixty Four Thousand One Hundred Eighty Seven
Dollars and 00/100
Modifications to this Bond: None ® See Section IS
CQNTRACTOR AS PRINCIPAL
Compvt{y: ,.'� .. (Corporate Seal)
'Inc. dlbla Ahrens Companies
t<r� OW ��D��
•�d�it1e: �Ptl�
(Any addltlanal slgnattrres appear on the last page of this Payment Donn.)
(FOR JNFOAVXTIONONLY —Name, address and ielephone)
AGENT or BROKER:
Nielson, Rosenhaus & Associates
220 Congress Park Drive, Suite 100
Delray Beach, FL 33445
561-454-8210
S-21491AS 8110
SURETY
Company:
Berkley Insurance Company
34v,
Signature:
(Corporate Seal)
Namo Brett Rosenhaus
and Tille: Attorney -in -Fact & FL Licensed
OWNER'S REPRESENTATIVE, 1.;' ' ,
(4rchlteet, Engineer or other parry) y :l
13K, 3466 PG. 2173
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0) § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, oxecuturs, administrators, successors and assigns to the Owncr to
N pay for labor, materials and equipment fumished for use in the perfbrmance of the Construction Contract, which is incorporo(od herein by reference,
() subject to the following terms,
§ 2 ifthe Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims,
demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the
Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond,
§ 3 ifshare is no Owner ihfault under the Conmucdon Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner
has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or
the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance orthe
Construction Contract and tendered defense of such claims, demands, liens or cults to the Contractor and the Surety.
§ 4 When the Owner has satisfied the conditions in Section 3, the Surety shell promptly and tit the Surety's expense defend, indemnify and hold
harmless the Owner against a duly tendered claim, demand, lien or suit.
§ 5 The Surety's obligations to a Claimant under this Bond shall arise after the following;
§ 6.1 Claimants, who do not have a direct contract with the Contractor,
.1 have fumished a written notice ofnon•paymont to the Contractor, stating with substantial accuracy the amount claimed and the
name ofthe party to wham the materials were, or equipment was, Rrmfshcd or supplied or for whom the labor was done or
perlbrmed, within ninety (90) days after having last performed labor or last fumished materials or equipment Included in the Claim;
and
.2 have scut a Claim to the Surety (at the address described in Section 13),
§ 5.2 Cfaimunty, who arc employed by or have a dimet contract with the Contractor, bave sent a Claim to the Surety (at the address described in
Section 13).
§ ti if a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is suMcient to satisfy a Claimant's obligation
to Rrraish a written notice of non-payment under Section S.M.
§ 7 When a Clatmanthas satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and tit the Surety's
expense take the following actions;
§ 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days ufter receipt of the Claim, stating the amounts that are
undisputed and the basis for challenging any amounts that are disputed; and
§ 7.2 Pay or arrange, for payment of any undisputed amounts.
§ 7.3 The Suraty's failure to discharge its obligations under Section 7.1 or Section 7,2 shall not be deemed to constitute a waiver of defenses the
Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant hove reached agreement,
It, however, the Surety fails to discharge its obligations undcr Soctlon 7.1 or Section 7,2, tho Surety shall indemrilfy the Claimant for the reasonable
attorney's fees the Claimant incom lhcrcoflcr to recover any sums found to be due and owing to the Claimant,
§ Q The Surety's total obligation shall not exceed the amount of this Bond, plus the amount ofrcusonablc attorney's Ices provided undcr Scclion 73,
and the amount of this Bond shall be credited for any payments made in good fi►ith by the Surety.
§ 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract
and to satisfy claims, if any, under any construction performance bond, By the Contractor furnishing and the Owner accepting this Bond, they agree
that all funds eamcd by the Conhmctor in the performance ofiho Construction Contract are dedicated to satisfy obligations ofthe Contractor and
Surety under this Bond, subject to the 0 vmer's priority to use the funds for the completion of the work. ,
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BK. 3466 PG: 2174
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a) § 10no Surety shall not be liable to the Owner, Claimants or others for obligations ofthe Contractor that are uarclated to the Construction Contract.
0) The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no
{4 obligation to make payments to, or give notice on behalf, o€, Claimants or otherwise have any obligations to Claimants under this Bond.
0—
§ 11 no Surety hereby walvcs notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purehaso
orders and other obligations.
§ 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of cdtnpctent Jurisdiction in the state is which the
project that is tha subject of tho Construction Contract -to located or after the expiration of one year from the date (1) on ►vhich the Claimant sent a
Claim to the Surety pursuant to Scot€on S.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or tho last materials or
equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph arc Vold
or prohlbited by law, the minimum period oflimitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
§ 18 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their
signature appears. Actual receipt of notice or Clahas, however accomplished, shall be sufficient compliance as of the date received.
§ 14 When this Bond has been funishcd to comply with a statutory or other legal requirement In Cho location where the construction was to be
performed, any provislon In this Bond congicting with said statutory or legal requirement shall be deemed deleted heroftom and provisions
conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the Intent is titat this Bond shall be
construed as a statutory bond and not as a common law bond.
§ 15 Upon request by any person or entity appearing to be a potential beneficiary ofthls Bond, the Contractor and Owner shall promptly funlsh a
copy ofth€s Bond or shall permit a copy to be made.
§ 16 Definitions
§ 16.1 Claim. A written statement by tho Claimant including at a minimum:
.1 the name of the Clsimont;
.2 the name of the person for whom the labor was done, or materials or equipment furnished;
.3 a copy of tho agreement or purchase order pursuanfto which labor, materials or equipment was furnished for use in the
performance ofthe Construction Contract,
.4 a brief description ofthe labor, materials or equipment furnished;
.6 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance orthe
Construction Contract;
.6 the total amount camcd by the Claimant for labor, materials or equipment furnished as of the date ofthe Claim;
.7 the total amount ofprcvious payments received by the Claimant; and
.6 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as ofthe date of the Claim.
§ 18,2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor ofthe Contractor to furnish labor,
materials or equipment for use In the performance of the Comtruefion Contract, no term Claimant also includes any individual or entity that has
rightfully asserted a claim under an applicable mochaabo's gcn or similar statute against the real property upon which the Project Is located. The intent
orthis Bond shall be to include without limitation In the terms "labor, materials or equipmeof'that part ofwater, gas, power, light, heat, oil, gasoline,
telephone service or rental equipment used in the Constructloa Contract, architectural and engineering services required forperformance of the tvork
of the Contractor and the Coalmotor's subcontractors, and all other Items for which a mechanic's lien may be asserted In the jurisdiction whom the
labor, materials or equipment were furnished.
§ 46.3 Constructlon Contract, The agreement between the Owner and Contractor identified on the cover page, Including all Contract Documents
and all changes made to the agreement and the Contract Documents,
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BK: 3466 PG: 2175
§ 16.4 Owner Default, Failure of the Owner, which has not been remedied ar waived, to pay the Contractor as required under the Construction
Contract or to perform and complete or comply with the other material terms ofthe Construction Contract.
§ 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
§ 171fthis Bond Is issued for tar agreement between a Contractor and subcontracto , the term Contractor in this Bond shall be deemed to be
Subcontractor and the term Owner shall be deemed to be Contractor.
§ 18 Modifications to this bond are as follows;
THE PROVISIONS AND LIMITATIONS OF SECTION 255.05 FLORIDA STATUTES, INCLUDING BUT NOT
LIMITED TO THE NOTICE AND TIME LIMITATIONS IN SECTIONS 255.05(2) AND 255.05(10), ARE
INCORPORATED IN THIS BOND BY REFERENCE.
(Space Ir provided below for additional slgnantres of added pardlei, other than those appearing an the cover page,)
CONTRACTOR AS PRINCIPAL SURETY
Company: Xor pomle Seal) Company: (Corporate Seal)
Signature;
Narne and Title;
Address
S•21491AS 81t 0
Signature;
Flame and Ville:
Address
BK: 3466 PG. 2176
O No. Bf-492e
T- POWER OF ATTORNEY
O BERKLEY INSURANCE COMPANY
WILMINGTON, DELAWARE
d1 NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully.
KNOW ALL MEN BY THESE PRESENTS that BERKLEY INSURANCE COMPANY the "Company"),rp { a corporation duly
n ,a organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted
_ si and appointed, and does by these presents make, constitute and appoint; Breit Rosenhaus or Dale A. Bells ofAcr%sure, LLC dba
'0 Nielson, Rosenhaus & Associates of Delray Beach, FL its true and lawful Attorney -in -Fact, to sign its name as surety only as
1' R delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of
Financial Guaranty Insurance, providing that no single obligation shall exceed One Hundred Million and 001100 U.S. Dollars
L (U.S.S100,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected
(� a officers of the Company at its principal office in their own proper persons.
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� y This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware,
a > without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following
Q wL resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010:
�t� RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief
L.J o o Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant
b Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein
o to execute bonds, undertakings, recoguizances, or other suretyship obligations on behalf of the Company, and to affix the
m b , corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such
(, c o attorney -in -fact and revoke any power of attorney previously granted; and further
d �, RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances,
U or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the
m manner and to the extent therein stated; and further
RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fad named; and
a
further
2 G RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any
power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or
5 other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as
E though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any
person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have
m v E ceased to be such at the time when such instruments shall be issued.
a
Q IN WITNESS WHEREOF, the Comp a�y has ca�u�ed then presents to be signed and attested by its appropriate officers and its
2 corporate seal hereunto affixed this/ day of pry , 2019.
LL 2 Y
CZ Attest: �`/ �Y Berkley Insurance Company
lY— (Seal) By
m Ira S. Lede an
ti Je Hafier
m •o o Executive Vice President & Secretary e r e President
m WARNING: THIS POWER INVALIDIF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER.
2 2 0
v •N STATE OF CONNECTICUT )
0 0 ) ss:
N o COUNTY OF FA IRFIELD )
< -E t Sworn to before me, a Notary Public in the State of Connecticut, this a�diy ofAtdig t-&-' 019, by Ira S. Lederman and
(� c Jeffrey M. Hafter who are sworn to me to be the Eyetitivae Vice President Secretary, a Senior Vice President,
•, raARIA RUN AKEN ,
„ respectively, of Berkley Insurance Company. NOTARY PUSLIO � /'
c y eONNECT?CUT (J
c MY COMMISSION EXPIRES
I O APHT 30.2024 Notary Public, State of Connecticut
m CERTIFICATE
E ZS the gpdZrsi�d, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO FIEREBY CERTIFY that the foregoing is a
Q,tt3�' norrecfauri egmplete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded
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and It e aui6zi#y of the Attorney -in -Fact set forth therein„ who executed the bond or undertaking to which this Power of
J ttoV1 Fyjs Kfach s in full force and effect as of this date. �]
,e tSe 0+6
en undexmy hand and seal of the Company, this 1 �. day of
Vin on Forte
BK: 3466 PG: 2177
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Document A312 TM — 2010
Conforms with The American Institute of Architects AIA Document 312
Performance Bond
CONTRACTOR:
(Nonre, legal statrrs and address)
Ahrens Enterprises, Inc. dtbla Ahrens Companies
1461 Kinetic Road
Lake Park, FL 33403
OWNER:
(rYame, legal statrrs and address)
City of Sebastian
1225 Main Street
SURETY:
(Name, legal statrrs andprinc*lplace o)brts,new)
Berkley Insurance Company
475 Steamboat Road
Greenwich, CT 06830
Mailing Address for Notices
475 Steamboat Road
Greenwich, CT 06830
This document has Important legal
consequences. Consultation wilh
an allamey Is encouraged with
rasped to lis completion or
modillcallon.
Any singular reference to
Contractor, surety, Owner or
other party shell be considered
plural where applicable.
Sebastian, FL 32958
CONSTRUCTION CONTRACT
Date. April 15, 2021
Amount: S 1,964,187.00 One Million Nine Hundred Sixty Four Thousand One Hundred Eighty Seven Dollars
and 001100
Description:
(Name and location)
Hangar D Multipurpose Hangar & Office in accordance with Design Build GMP Work Services Agreement,
Purchase Order #9489-00 dated May 17, 2021
BOND
Data: September 22, 2021
(Not earlier than Canstractlon Contract Dale)
Amount: S 1,964,187.00 One Million Nine Hundred Sixty Four Thousand One Hundred Eighty Seven Dollars
and 001100
Modifications to this Bond: Z] None [] sca section !6
CONTRACTOR AS PRINCIPAL
CnmgirYr 'F,,'•.; • (Corporate Seat)
f,.
/riEir nvEnterptis' fnc, d/bla Ahrens Companies
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ilr{y ar)dttlenaf Fjgnatt&w appear on the last page ojthls Performance Bond)
(FOR lNFORlfil 770NONLY — Nasto, address and telephone)
SURETY
Company: (Corporate Seal)
Berkley Insurance Company
Signature:
Name Brett Rosenhaus
and Title: Attorney -in -Fact & FL Licensed Age6t
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Nielson, Rosenhaus & Associates(Rrchttect,.Engineerorotherparly:)-
220 Congress Park Drive, Suite 100 �";
Delray Beach, FL 33445
661-454-8210
8-18521AS 8110
BK: 3466 PG: 2178
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(1)
§ i The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for
a the performance orthe Construction Contract, which Is incorporated herein by reference.
§ 2If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, exccptwhen
applicable to participate in a conference as provided in Section 3.
§ 31f there is no OwnerDefault under the Construction Contract, the Surety's obligation under this Bond shall arise after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such
notice shall indicate whether the Owner Is requesting a confcrenca among tho Owner, Contractor and Surety to discuss the
Contractor's performanco, If tho Owner dons not request a conference, the Surety may, within five (5) business days after receipt of
the Owner's notice, request such a conference, If the Surety timely requests a conference, the Owner shod attend. Unless the Owner
agrees otherwlse, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt
of the Owner's notice. Ifthe Owner, the Contractor and the Surety agree, the Contractor shalt be allowed a reasonable timer to
perform the Construction Contract, but such an agreement shalt not waive the Owners right, if any, subsequently to declare a
Contractor Default;
.2 the Owner declares a Contractor Default, terminates the Construction Contract and notifIcs die Surety; and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terns of the Construction Contract to the
Surety or to a contractor selected to perform the Construction Contract.
§ 4 Failure an the part of the Owner to comply with the notice requirement In Section 3.1 shall not constitute a failure to comply with a condigOn
precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice.
§ 5 When the Owner has satisfied the conditions of Section 3, tho Surety shall promptly and at the Surety's expense taste one of the following actions:
§ M Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;
§ 6.2 Vadertoko to Worm and complete the Construction Contract itself, through its agents or Independent contractors;
§ 6.3 Obtain bids or negoduted proposals from qualified contractors aoecptable to the Owner for a contract for performance and completion of the
Construction Contract, arrange for a contruct to be prepared for execution by The Owner and a contractor selected with the Owner's concurrence, to be
secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to
the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price Incurred by the (honer m a result or the
Contractor Default, or
§ 5.4 Waivc Its right to perform and complete, uningo for completion, or obtain a new contractor and with reasonable promptness under the
circumstances:
.1 After Investigation, dctcrinWe the amount for which it may be liable to the Owner and, as soon as practicable after the amount is
determined, make paymont to the Owner, or
.2 Deny liability in whole or In part and notify the Owner, citing the reasons fbr dental,
§ 6 ifthe Surely does not proceed as provided In Section 5 with reasonable promptness, the Surcty shall bo dcemed to be in default on this Bond
seven days after receipt of an additional writlen notice from the Owner to the Surety demanding that the Surety perform Its obligations under this
Road, and the Owner shall be entitled to onforeo any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the
Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
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13K: 3466 PG: 2179
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§ 7If the Surety elects to net under Section 5.1, 5.2 or 5.3, then the responsibilities or the Surety to the Owner shall not be greater than those of the
Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the
Construction Contract Subject to the cummitmentby the Owner to pay the Balance of the Contract Pricc, the Surety is obligated, without
i2 duplication, for
.1 the responsibilities of the Contractor for correction of defective work and completion of the. Construction Contract;
Ur .2 additional legal, design professlonal and delay costs resutling from the Contrao(ces Default, and resulting from the actions or
failure to act of the Surety under Section 5; end
.3 -liquidated damages, or if no liquidated damages are specified In the Construction Contract, actual damages caused by delayed
performance or non-performance of the Contractor.
§ @ Ifthe Surety elects to act under Sccdon 5.I, 5.3 or 5.4, tho Surety's liability is limited to the amount of this riond.
§ 9 The Surety shall not be liable to the Owner or others fur obligations of the Contractor that are unrelated to tho Construction Contract, and the
Balance of the Contract Price shall not be reduced or set ofron account of any such unrelated obligations. No right of action shall accrue on this
Bond to any person or entity other than the Owner or Its heirs, executors, administrators, successors and assigns,
§ 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase
orders and other obligations.
§ 11 Any proceeding, legal or equitable, under this Bond may be Instituted in any court of competent jurisdiction in the location in which the work or
part oftho work Is located and shall be Instituted within two years after a declaration ofCoatroctorDefault or within two years after the Contractor
ceased working or within two years a fter the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first, If the
provisions of this paragraph are void or probibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction or
the suit shall be applicable.
§ 12 Notice to the Surety, the Owner or the Contractershall be mailed or delivered to the address shown on the page on which their signature
appears.
§ 13 When this Bond has been furnished to comply with a statutory or other legal milulmment in the location whero the construction was to be
performed, any provision in this Bond conflicting with said slatutory or legal requirement shall be deemed deleted hereltnm and provisions
conforming to such statutory or other legal requirement shall be deemed incorporated hercln, When so fbrrtishcd, the intent is that this Bond shall bo
construed as a statutory bond and not as a common lawbond.
§ 14 Definitions
§ 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper
adjustments have been mado, including allowance to the Contractor of any amounts received or to be received by the Owner In settlement of
insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments mode to or on behalrofthe
Contractor under the Construction Contract.
§ 14.2 Construction Contract. Tho agreement between the Owner and Contractor identified on the cover page, including all Contract Documents
and changes made to the agreement and the Contract Documents.
§ 14.3 Contractor Default. Puflurc of the Contractor, which has not been remedied or waived, to perform or othcrwisc to comply with a material
term of the Construction Contract,
§ 14.4 Owner Default. Failure of the Owner, which has not been remedied or rvafved, to pay the Contractor as required under the Construction
Contractor to porfomt and complete or comply with the other material terms ofthe Construction Contract.
§ 14.6 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
§ 15 If Lhfs Bond is Issued for an agreement beLv=n u Contractor and subcontractor, the term Contractor in this Bond shell be deemed to be
ly Subcontractor and the term Owner shall be deemed to be Contractor.
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§ 16 Modifications to this bond are as follows:
(3)axe is provided belo)F for additlonal signatures ofadded parties, other than those appearing on the coverpage.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature:
Name and Tilde:
Address
8-18521AS SHO
Signature:
Name and Title:
Address
Indian River County
Clerk of the Circuit Court
Jeffrey R. Smith
Vero Beach FL 32960
(772) 770-5185
Transaction # '1175285 Agent #
Attention:
Receipt# 1113707 Name: AHRENS ENTERPRISES INC
Cashier Date: September 23, 2021
Address: 1461 KINETIC ROAD
Cashier: Yvonne
BOND CFN: 3120210067066
From: AHRENS ENTERPRISES INC To:
Recording @ 1 st=$10 Addt'I=$8.50 ea.
WALK IN/PHONE ECERTIFY
CopyFee
(PAYMENT: CHECK- 120791
LAKE PARK, FL33403
Book: 3466 Page: 2171
BERKLEY INSURANCE COMP
$86.50
$9.00
$9.00
AMOUNT: $104.50
Source:
Returned:
Will Call #
Over the Counter
Over the Counter
Total Payments: $ 104.50 Total Fees: $ 104.50 Shortage: $0.00 Overage: $0.00
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