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Home My Public Portal AboutPerformance and Payment Bond.tifFIRST SEALORD SURETY, INC Principal Office 33 Rock Hill Road Bala Cynwyd PA 19004 610 664 2324 PRIVATE WORK STATE OF FLORIDA PERFORMANCE AND PAYMENT BOND THIS BOND ONLY COVERS CLAIMS OF SUBCONTRACTORS SUB CONTRACTORS SUPPLIERS AND LABORERS TO THE EXTENT THE CONTRACTOR HAS BEEN PAID FOR THE LABOR SERVICES OR MATERIALS PROVIDED BY SUCH PERSONS THIS BOND DOES NOT PRECLUDE YOU FROM SERVING A NOTICE TO OWNER OR FILING A CLAIM OF LIEN ON THIS PROJECT Bond No 5570 KNOW ALL BY THESE PRESENTS, That We Stone Circle Underground, Inc as Principal and FIRST SEALORD SURETY INC as Surety are bound to Village of Key Biscayne 88 West McIntyre Street, Key Biscayne, FL herein called Owner in the sum of One Hundred Seventy -Five Thousand Four Hundred Eighty & 00/100- $175,480 00/100 Dollars for the payment of which we bind ourselves our personal representatives successors and assigns jointly and severally WHEREAS, Principal has entered into a contract dated June 23, 2005 with Owner for Drainage Harbor Drive Drainage Improvements which contract is by reference made a part hereof and is hereinafter referred to as the Contract THE CONDITION OF THIS BOND is that if Principal 1 Performs the contract at the times and in the manner prescribed in the contract and 2 promptly makes payments to all lienors supplying labor material and supplies used directly or indirectly by Principal in the prosecution of the work provided in the contract as prescribed by section 713 23 Florida Statutes and 3 pay Owner all loss damages costs and attorneys fees that Owner sustains because of default by Principal under the contract and 4 performs the guarantee of all work and materials furnished under the contract applicable to the work and materials then this bond is void otherwise it remains in full force The provisions and limitations of section 713 23 Florida Statutes are incorporated in this bond by reference SIGNED SEALED and DATED this 15th day of July 20 2005 Performance & Payment Bond Pnvate FL (Ed 4/04/03) Page 1 of 2 Stone Circle Underground, Inc Performance & Payment Bond Private FL (Ed 4/04/03) Witness) By Becky an -Hynes, res FIRST SEALORD SURETY IN By (Witness) Michael Popick Page 2 of 2 (Pri pal\ (Sighatui & Title) Attorney in Fact) First Sealord Surety, Inc Power of Attorney Power No MIA 0079 05-02712 KNOW ALL MEN BY THESE PRESENTS That First Sealord Surety Inc a corporation of the Commonwealth of Pennsylvania (hereinafter the Company ) has made constituted and appointed and by these presents does make constitute and appoint David D Stanton Michael J Weinberg John T Dawkins Lawrence T Dwyer and/or Michael G Popick all of Ft Lauderdale Florida its true and lawful Attorney in Fact to make execute and deliver on its behalf insurance policies surety bonds undertakings and other instruments of a similar nature as follows ****** ** Not To Exceed Two Million Dollars -- -- ---($2 000 000 00) ** ******* Such insurance policies surety bonds undertakings and instruments for said purposes when duly executed by the aforesaid Attorney in Fact shall be binding upon the said Corporation as fully and to the same extent as if signed by the duly authorized officers of the Corporation and sealed with its corporate seal and all the acts of said Attorney in Fact pursuant to the authority hereby given are hereby ratified and confirmed This appointment is made pursuant to the following By Laws which were duly adopted by the Board of Directors of the said Corporation on April 7 2003 with all Amendments thereto and are still in full force and effect Article XII Policies Bonds Recognitions Stipulations Consents of Surety Underwriting Undertakings and Instruments Relating Thereto Section 12 1 Insurance policies bonds recognitions stipulations consents of surety and underwriting undertakings of the Corporation and releases agreements and other writings relating in any way thereto or to any claim or loss thereunder shall be signed in the name and on behalf of the Corporation a) by the Chairman of the Board the President or a Vice President and by the Secretary or an Assistant Secretary or b) by an Attorney in Fact for the Corporation appointed and authorized by the Chairman of the Board the President or a Vice President to make such signature or c) by such other officers or representatives as the Board may from time to time determine The seal of the Corporation shall if appropriate be affixed thereto by any such officer Attorney in Fact or representative The authority of such Attorney in Fact and Agents shall be as prescribed in the instrument evidencing their appointment Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment IN WITNESS WHEREOF First Sealord Surety Inc has caused these presents to be duly signed and its corporate seal to be hereunto affixed and duly attested this 20th day of January 2004 ls,9 c (Seal) 0„,,,..4s-sal;� Attest " ConimJnwealth of Pennsylvania County of Montgomery By First Sealord Surety Inc Gary L Bragg Secretary Joel D Cooperman Vice President On this 20th day of January 2004 before me personally appeared Joel D Cooperman Vice President of First Sealord Surety Inc with whom I am personally acquainted who being by me duly sworn said that he resides in the Commonwealth of Pennsylvania that he is Vice President of First Sealord Surety Inc the corporation described in and which executed the foregoing instrument that he knows the corporate seal of the said Corporation that the seal affixed to said instrument is such corporate seal that it was so affixed by order of the Board of Directors of said Corporation and that held his name thereto as Vice President of said Corporation by like authority (Seal) I Ci op v•-+ Notary Public og_ .Q G� - S'41 'P \4 444 n 4 CERTIFICATE I the undt,i;Igried Secretary of First Sealord Surety Inc do hereby certify that the original Power of Attorney of which the foregoing is a full true and ^drrpc` copy is in full force and effect on the date of this Certificate and I do further certify that the Officer who executed the said Power of Attorney was on of he Officers authonzed by the Board of Directors to appoint an Attorney in Fact as provided in Section 12 1 of the By Laws of First Sealord Surety Inc 1 iris Certificate may be signed and sealed by facsimile under and by authority of the following provisions of the By Laws of First Sealord Surety Inc Notanal Seal Anthony T Stewart, Notary Public Lower Menon Twp. Montgomery County My Commission Expires August 5 2006 Member Pennsylvania Association Of Notaries Section 12 2 The use of a printed facsimile of the corporate seal of the Corporation and of the signature of the Secretary or an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by an authorized person pursuant to Article XII Section 12 1 of the By Laws appointing and authorizing an Attorney in Fact to sign in the name and on behalf of the Corporation surety bonds underwriting undertakings or other instruments described in said Section 12 1 with like effect as if such seal and such signature had been manually affixed and made In Witness Whereof I have hereunto set my hand and affixed the corporate seal of the Corporation to these presents this / day of —) 20 This power of attorney is void unless the Bond number is inserted in this paragraph (insert Bond # here S� 70 ) the bond numbe is the s ime number as on the original bond end the bond number has been inserted by an officer or employee of the Company or by the agent (swap L Bra ecreta 99 ry First_Sealord_Surety_POA doe (Ed 01/20/2004)