HomeMy WebLinkAbout(#21) Island Harbor Custom Builders3120240018333 RECORDED IN THE RECORDS OF RYAN L. BUTLER, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL
BK: 3691 PG: 1427, 4/18/2024 2:32 PM
DocuSign Envelope ID: 6FFCE2F6-4ADA-4C18-BBF8-FD62FF53208B
Bond No: GM232590
Executed in 2 Counterparts
PERFORMANCE BOND
BY THIS BOND, We ISLAND HARBOR CUSTOM BUILDERS, LLC * , as Principal, hereinafter
called Contractor, and Great Midwest Insurance Company" , as Surety, are bound to the City of
Sebastian, Florida*** as Obligee, hereinafter called City, in the amount of
ONE MILLION THREE HUNDRED FORTY THOUSAND AND oono0 Dollars ($ 1,340,000.00 ) for the payment whereof Contractor and
Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally.
WHEREAS, Contractor has by written agreement entered into a Contract, No. ITB# 24-05
Construction of Pre -Engineered Metal Buildings for Sebastian Municipal Airport, awarded the 10
day of April, 2024, with City which Contract Documents are by reference incorporated herein and made
a part hereof, and specifically include provision for liquidated damages, and other damages identified, and
for the purposes of this Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Performs the Contract between Contractor and City for construction of Pre -Engineered Metal
Buildings for Sebastian Municipal Airport, the Contract being made a part of this Bond by
reference, at the times and in the manner prescribed in the Contract; and
2. Pays City all losses, liquidated damages, expenses, costs, and attorney's fees including appellate
proceedings, that City sustains as a result of default by Contractor under the Contract; and
3. Performs the guarantee of all Work and materials furnished under the Contract for the tune
specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL
FORCE AND EFFECT.
4. Whenever Contractor shall be, and declared by City to be, in default under the Contract, City
having performed City obligations hereunder, the Surety may promptly remedy the default, or
shall promptly:
a. Complete the Project in accordance with the terms and conditions of the Contract
Documents; or
b. Obtain a bid or bids for completing the Project in accordance with the terms and
conditions of the Contract, and upon determination by Surety of the lowest responsible
Bidder, or, if City elects, upon determination by City and Surety jointly of the lowest
responsible Bidder, arrange for a contract between such Bidder and City, and make
available as Work progresses (even though there should be a default or a succession of
defaults under the Contract or Contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the balance of the Contract Price; but
not exceeding, including other costs and damages for which the Surety may be liable
hereunder, the amount set forth in the first paragraph hereof. The term "balance of the
Contract Price," as used in this paragraph, shall mean the total amount payable by City to
Contractor under the Contract and any amendments thereto, less the amount properly
paid by City to Contractor.
" 8800 US Highway 1, Ste 1, Sebastian, FL 32958; Phone: (772) 918-8161
** 800 Gessner Rd., Suite 600, Houston, TX 77024; Phone: (713) 935-0226
***1225 Main Street, Sebastian, FL 32958; Phone: (772) 388-8231
Page 1 of 2
BK: 3691 PG: 1428
DocuSign Envelope ID: 6FFCE2F6-4ADA-4C18-BBF8-FD62FF53208B
PERFORMANCE BOND
No right of action shall accrue on this bond to or for the use of any person or corporation other than
City named herein.
The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents
and compliance or noncompliance with any formalities connected with the Contract and that any
changes do not affect Surety's obligation to perform under this Bond. 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.
Signed and sealed this 17th day of April
WITNESSES:
ME!&
(Secretary)
(CORPORATE SEAL)
IN THE PRESENCE OF:
C\
a
(Notary required for Contractor's Signature)
, 20 24
CONTRACTOR
ISLAND HARBOR 9USTOM BUILDERS, LLC
(Name of C oration)
By:
re)
(/w
(Print Name and Title)
INSURANCE COMPANY:
Great M*-1-Fact
e Co
By. Jeffrey W Reich% AFI. Licensed ResidentAgent
(Agent andn-Fact) .Ininiries 0,.46.7770
Address: 800 Gessner Rd., Suite 600,
(Street)
Houston, TX 77024
(City/State/Zip Code)
Telephone No.: 713-935-0226
Sworn to and subscribed before me this '� day of
Personally knowl 0 IVie
Or produced identification
Notary Public — State of F/Analz
1 r'c
My commission expires dL(a
(Type of Identification)
�' QC CASEY FLELUS
(Printed, typed, or stamped commissioned name notary public) Notary Public
State of Florida
Comm# HH316323
0�e0ExOres 9/26/2026
Page 2 of 2
BK: 3691 PG: 1429
DocuSign Envelope ID: 6FFCE2F6-4ADA-4C18-BBF8-FD62FF53208B
Bond No: GM232590
Executed in 2 Counterparts
PAYMENT BOND
BY THIS BOND, We ISLAND IiARBOR CUSTOM BUILDERS, LLC* , as Principal, hereinafter
called Contractor, and Great Midwest Insurance Company ** , as Surety, are bound to the City of
Sebastian, Florida,** as Obligee, hereinafter called City, in the amount of
ONE MILLION THRLL• HUNDRED I:ORTY THOUSAND AND oo/loo Dollars ($ 1,340,000.00 ) for the payment whereof Contractor and
Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally.
WHEREAS, Contractor has by written agreement entered into Contract, No. ITB# 24-05
Construction of Pre -Engineered Metal Buildings for Sebastian Municipal Airport, awarded the 10
day of April, 2024„ with City which Contract are by reference incorporated herein and made a part
hereof, and specifically include provision for liquidated damages, and other damages identified, and for
the purposes of this Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Pays City all losses, liquidated damages, expenses, costs, and attorney's fees including appellate
proceedings, that City sustains because of default by Contractor under the Contract; and
2. Promptly snakes payments to all claimants as defined by Florida Statute 255.05(1) for all labor,
materials and supplies used directly or indirectly by Contractor in the performance of the
Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT
SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE
FOLLOWING CONDITIONS:
a. A claimant, except a laborer, who is not in privity with Contractor and who has not
received payment for its labor, materials, or supplies shall, within forty-five (45) days
after beginning to furnish labor, materials, or supplies for the prosecution of the Work,
furnish to Contractor a notice that he intends to look to the bond for protection.
b. A claimant who is not in privity with Contractor and who has not received payment for
its labor, materials, or supplies shall, within ninety (90) days after perfonnance of the
labor or after complete delivery of the materials or supplies, deliver to Contractor and to
the Surety, written notice of the performance of the labor or delivery of the materials or
supplies and of the nonpayment.
c. No action for the labor, materials, or supplies may be instituted against Contractor or the
Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been
given.
d. Any action under this Bond must be instituted in accordance with the longer of the
applicable Notice and Titne Limitations provisions prescribed in Section 255.05(2), or
Section 95-11, Florida Statutes.
3. The Surety hereby waives notice of and agrees that any changes in or under the Contract
Documents and compliance or noncompliance with any formalities connected with the Contract
or the changes does not affect the Surety's obligation under this Bond.
* 8800 US Highway 1, Ste 1, Sebastian, FL 32958; Phone: (772) 918-8161
** 800 Gessner Rd., Suite 600, Houston, TX 77024; Phone: (713) 935-0226
***1225 Main Street, Sebastian, FI. 32958; Phone: (772) 389-8231
Page 1 of 2
BK: 3691 PG: 1430
DocuSign Envelope ID: 6FFCE2F6-4ADA-4C18-BBF8-FD62FF53208B
Signed and sealed this 17th day of
WITNESSES:
&V4N
(Secretary)
(CORPORATE SEAL)
IN THE PRESENCE OF:
A
t
i
April 2024
CONTRACTOR
ISLAND HAR CUSTOM BUILDERS, LLC
(Name C rporation)
By:
(Signature)
6 i e - OLD
(Print Name and Title)
INSURANCE, COM Y:
Great Mi west I r• n e Co
By: Jeffrey W Rmh'. to In -Fact & FI. LicenseA Resident Agenl
(Agent and orney-in-Fact) 'Inquiries. 107-786-7770
Address: 800 Gessner Rd., Suite 600,
(Street)
Houston, TX 77024
(City/State/Zip Code)
Telephone No.: 713-935-0226
(Notary required for Contractor's Signature)
Sworn to and subscribed before ine this I day of / 20 a`Y
either W in person or _ via electronic means, �by as
the i of S! tfGdY00' M Bkd2gW and who is:
Personally known
Or produced identification as follows:
NOTARY SEAL:
CASEY FL EWS
Notary Public
State of Florida
Comm# HH316323
Expires 9/26/2026
(/
Notary Public — State of
My Commission expires on _�" J61Ft
Page 2 of 2
BK: 3691 PG: 1431
POWER OF ATTORNEY
Great Midwest Insurance Company
KNOW ALL MEN BY THESE PRESENTS, that GREAT MIDWEST INSURANCE COMPANY, a Texas Corporation, with its principal office
in Houston, TX, does hereby constitute and appoint:
Cheryl A. Foley, Emily J. Golecki, Lisa A. Roseland, Kim E. Niv, Jeffrey W. Reich, Susan L. Reich, Sarah K. O'Linn, Robert P. O'Linn,
Teresa L. Durham, Nathan K. Reich
its true and lawful Attorneys) -In -Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other
writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of GREAT MIDWEST
INSURANCE COMPANY, on the 1 st day of October, 2018 as follows:
Resolved, that the President, or any officer, be and hereby is, authorized to appoint and empower any representative of the Company or
other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other
writings obligatory in nature of a bond not to exceed Twenty -Five Million dollars ($25,000,000.00), which the Company might execute through its
duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding
upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so
appointed, may be removed in the Company's sole discretion and the authority so granted may be revoked as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted,
and the signature of the Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such
power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed
and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the
Company.
IN WITNESS THEREOF, GREAT MIDWEST INSURANCE COMPANY, has caused this instrument to be signed by its President, and its
Corporate Seal to be affixed this 11th day of February, 2021.
CORPORATE SEAL
ACKNOWLEDGEMENT
GREAT MIDWEST INSURANCE COMPANY
BY W-_ _
Mark W. Haushill
President
On this 11th day of February, 2021, before me, personally came Mark W. Haushill to me known, who being duly sworn, did depose and
say that he is the President of GREAT MIDWEST INSURANCE COMPANY, the corporation described in and which executed the above instrument',
that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
Harr,
�` ra�.CHAISTINA BISHOP
Comm, Expires 04•14-2026 Christina Bishop
BY
.,S Notary Public, State of Texas
Notar Y JD 1310 90488 Notary Public
rPra
iIII,,,,,II,I I I I >yrrrrr�r
CERTIFICATE
I, the undersigned, Secretary of GREAT MIDWEST INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that
the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions
as set forth are now in force.
Signed and Sealed at Houston, TX this 17th Day of April 2024
BY - '--�
Leslie K. Shaunty
Secretary
"WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance of claim
containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a
fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties.