Okaloosa County BOCC — November 4, 2012 — Foxwood Drainage Closeout package — reading text

25 (2010/05) CONTRACTOR'S RELEASE OF LIENS STATE OF: GEORGIA COUNTY OF: BARROW Before me, the undersigned Notary Public in and for the said County and State personally appeared Lewis Cooper , representing the Contractor, Aero Training & Rental, Inc. _ who being duly sworn according to law deposes and says that all labor, materials, and outstanding claims and indebtedness of whatever nature arising out of the performance of the Contract with OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS the Owner, for _Foxwood Drainage Repairs — Phase I_, Contract No. Ci2- 1958-PW, have been paid in full and that for the final payment in the amount of__ $7,560.36, the Contractor releases and discharges the Owner and- his authorized representatives from any liens or claims of any nature because of or arising from this contract and/or its performance, ww had, has or May have in the future. C = 7 V7 Sw pyto and subscribed before me this we day of Otfober 2012 (Notary Public) wt ne Barrow County, Georgia My Commission Expires April 30, 2013 My Commission Expires: QQ yy, RSS _CA Ug, Soup, SO/ expires \+2 GEORGIA APR, 30, 2013 \ “HAW S > ~ s S S ZS % -, Ss O1 WORTH WEST FLORID 4 Dai Rally Published Daily Fort Walton Beach, Florida Distributed in Okaloosa, Santa Rosa & Walton Counties State of Florida, County of Okaloosa A inf. Before the undersigned authorized personally appeared i } A Uli. lal i LSe_ 4 ¢ A fpocice + 7 who on oath says that (s)he is La Oak Ad: 1 Jiv¥dtr Sing CC] by ke v 4 of the Northwest Florida Daily News, a daily newspaper published at Fort Walton Beach, in Okaloosa County, Florida; that the attached copy of advertisement, being a i é “ph. Ban Mh iit: SUbot: ot Cowal ledion “Ok LD ood Dra fain a Repei tS in the matter of in the ( Ulylee St County Court, was published in said newspaper in the issues of O eb Pay iy ae 3} Alwimber qT dbta i f Affiant further says that the said Northwest Florida Daily News is a newspaper published at Fort Walton Beach, in said Okaloosa County, Florida, and that the said newspaper has heretofore been continuously published in said Okaloosa County, Florida, each day, and has been entered as second class mail matter at the post office in Fort Walton Beach, in said Okaloosa County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that (s)he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. STATE OF FLORIDA COUNTY OF OKALOOSA C Subscribed and sworn to (or affirmed) before me this 7 a Tie mrtbir AHA ' (Date) a Sit ? bdeher “by bot , who is/are personally known to me or () b/ : tes has/have produced f &_aInagélu “hyn new as identification. (Type of idengif ication) Notary Public, Commission No. t] Ode tify Lat \ Ba/ (Signature). / \ . ( ] wn. ..ing6 ame of Notary typed, printed or stamped) “ELEANOR HYPES ; Notary Public - State of Florida ‘ My Coinm. Expires Jul 30, 2015 { Commission ¥ EE 116319 =f Prat ‘ 3 tee Bonded Through National Notary Assn. legal snag ADVERTISEMENT OF COMPLETION Aero Training & Rent. ais, ine., 53?—Gulfshore Drive, Destin FL. 32841 gives notice of Cornpie- tion of Foxvood: Drain: age. Repairs anch-sets November 40,2012 as the date of final settle. sent, Ail persons and. firrns should. Sle all clairris for payment to. the | below address prior to the settioment date: Gralousa County (Oumen ASTTN: Contracts and Leases Coorelinator 602-C.North Pear Streat Crestview, FL 82538 By: Lewis Cooper Presiclent Legal 3228. +... Oct. 17, 24, 31, Nov. 7, 2012 te WATA Document G707" - 1994 Consent Of Surety to Final Payment PROJECT: (Name and address) ARCHITECT’S PROJECT NUMBER: OWNER: [_] Foxwood Drainage Repairs Phase | . Okaloosa County, FL CONTRACT FOR: Construction ARCHITECT: L] CONTRACTOR: [_] TO OWNER: (Name and address) CONTRACT DATED: Okaloosa County Board of County SURETY: XX] Commissioners, 101 East James Lee OTHER: [_] Blvd., Crestview, FL In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (Insert name and address of Surety) Western Surety Company Bond No. 929547095 P.O. Box 5117 Sioux Falls, SD 57117 , SURETY, on bond of (Insert name and address of Contractor) ' Aero Training & Rental, Inc. 537 Gulfshore Drive Destin, FL 32541 , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (Insert name and address of Owner) Okaloosa County Board of County Commissioners 101 East James Lee Blvd. Crestview, FL 32536 , OWNER, as set forth in said Surety’s bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: October 12, 2012 (Insert in writing the month followed by the numeric date and year.) Western Surety Company (Surety) (Signature of authofize Attest: Nae Mm" / Gary Spuller, Attorney in Fact (Seal): (Printed name and title) AIA Document G707 ™ — 1994. Copyright © 1982 and 1994 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 4 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:48:48 on 10/12/2012 under Order No.6039367116_1 which expires on 07/12/2013, and is not for resale. User Notes: (1297380696) Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know Ail Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint P D Yates, Jr, P D Yates, III, Alan R Yates, Michael L Angel, Karen A Maynard, Michael S Brickner, Kevin M. Neidert, Robert N Reynolds, Marie M Hartley, Betsy J Holmes, Brian K Hughes, Gary Spuller, Daniel Yates, Dana D Rutledge, Individually of Atlanta, GA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized offer of the corporation and all the acts of said Attomey, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 4th day of October, 2012. WESTERN SURETY COMPANY aul T. Bruflat, Vice President State of South Dakota ss County of Minnehaha On this 4th day of October, 2012, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires 7) MOHR June 23, 2015 SourH DaKora 7 7 ahr? ; y J. Mohr, Notary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attomey hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 12th day of _October ; 2012 WESTERN SURETY COMPANY L. Nelson, Assistant Secretary Form F4280-7-2012 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that Bond No. 929547095 Aero Training & Rental, Inc. (Name of Coritractor) 537 Gulfshore Drive, Destin, FL 32541 {Address of Contractor) @ Corporation , hereinafter called Principal and (Corporation, Partnership or Individual) Western Surety Company (Name of Surety) P.O. Box 5077, Sioux.Falls, SD 57117 (Address of Surety) nereinafter called Surety, are held and firmly bound unto OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS (Name of Owner) 101 EAST JAMES LEE BOULEVARD, CRESTVIEW, FL 32536 (Address of Owner) hereinafter called OWNER in the total aggregate penal sum of Che Hundred Forty Six Thousand Three Hundred One and no/100--- Dollars ($ 146,301.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we binc 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 contract with the OWNER, dated the day of , 2012, a copy of which is hereto attached and made a part hereof for FOKWOQD DRAINAGE REPAIRS - PHASE f. NOW, THEREFORE, if the Principal shall well, truly, and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions 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 shall reimburse and repay the OWNER all outlay and expenses which the OWNER may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. Foxwood Drainage Repairs — Phase | Performance Bond Hi 537 PERFORMANCE BOND PROVIDED, FURTHER, that the said SURETY, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms 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 does hereby waive notice of any change, extension of time, alteration or addition to the terms of the contract ar to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that it is expressly agreed that the BOND shall be amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing the contract price more than twenty 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 DOCUMENTS, shail include any alteration, addition, extension, or modification of any character whatsoever. PROVIDED, FURTHER, that no final settlernent 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 WHEREGF, this instrument is executed in three counterparts, each one of which shall be deemed an original, this the _ day of