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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.