Okaloosa County BOCC — May 6, 2014 — Finalpmtdocs — reading text

fifty two thousand eight hundred fifty Dollars ( 252,850.00 ) for the payment whereof said Contractor and Surety bind themselves, jointly and severally, as provided herein. WHEREAS, the Contractor entered into a contract (“Construction Contract”) with the Obligee dated 10/23/2013 for Foxwood Drainage Repairs, Phase 2 (“Work”). NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if Contractor shall maintain and remedy said Work free from defects in materials and workmanship (“Warranty Work”) for a period of ONE year(s) commencingon 3/19/2015 (the “Warranty Period”), theri this obligation shall be null and void; otherwise it shall remain in full force and effect. 1. Ifthere is no Owner Default, the Surety’s obligation under this Bond shall arise after: 11 The Owner has provided written notification to the Contractor and Surety at its address shown on the signature page that the Owner is considering declaring a Contractor Default and has.requested and atternpted to arrange a conference with the Contractor and Surety to be held not leter than fifteen (15) days after receipt of such notice to discuss methods of performing the Warranty Work, If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to. perform the Warranty Work, but such an agreement shall not waive the Owner’s right, ifany, subsequently to declare a Contractor Default; and 12 The Owner has declared a Contractor Default and formally terminated the Contractor’s -right to complete the Warranty Work. Stich Contractor Default shall not be declared earlier than twenty (20).days after the Contractor and Surety have received notice as provided in Subparagraph 1.1. 2. ‘When the Owner has satisfied the conditions of Paragraph 1 above, the Surety shall promptly take one of the following actions: 21 Artange.for the Contractor, with consent of the Owner, to. perform and complete the Warranty Work; or 2.2 Undertake to perform and complete the Warranty Work itself, through its agents or through independent contractors; or 2.3 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 2.3.1 After investigation, determine the amount for which it is liable to the Owner, and as soon. as practicable after the amount is determined, tender payment therefor to the Owner; or 2.3:1 Deny liability in whole or in part and notify the Owner citing reasons therefor. Page 1 of 2 Bond #: GSM28681 3. If the Surety does not proceed as provided in Paragraph 2, the Surety shall be deemed to be in default on this Bond fifteen (15) calendar days after receipt of an additional written notice from the Owner to the Surety detanding ‘that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 2:3, and the Owner refuses the payment tendered, 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. 4. After the Owner has terminated the Contractor’s right to complete the Warranty Work, and if the Surety elects to act under Subparagraph 2.1 or 2.2 above, then the responsibilities of 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 thari those of the Owner under the Construction Contract. To the limit of the amount of this Bond, the Surety is obligated without duplication for the responsibilities of the Contractor for correction of the defective work only. 5. The aggregate liability of the Surety under this Bond shall not exceed the penal amount of this. Bond. 6. The Surety shall not be liable tothe Owner or others for obligations. of the Contractor that are unrelated to the Construction Contract. No right of action shall accrue on this Bond to any person or entity other than the Ownér or its heirs, executors, administrators or successors. 7. Any suit. under this Bond shall bé commenced no later than one (1). year from the. expiration of the Warranty Period. If the limitation of this. Paragraph is prohibited by any law controlling'the construction hereof, such limitation shall be deemed to-be amended s0 as to be equal to the minimum period of limitation permitted by:such law, and said limitation shall be deemed to have accrued and. shall commence to run on the expiration date of the Warranty Period. 8. DEFINITIONS: 8.1 Construction Contract: The agreement between the Owner and Contractor identified above including all Contract.Documents and changes thereto. 8.2 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise ‘comply with the terms of the Construction Contract. 8.3 Owner Default: ‘Failure of the Owner, which. has neither been. remedied nor waived, to pay the Contractor as.required by the Construction Contract, or to perform and complete or comply. with the other, terms thereof. CONTRACTOR AS PRINCIPAL SURETY Company: Gum Creek Farms, Inc. Compariy: The Gray Insurance Company (Corporate Seal) (Corporate Seal) Signature: Mtr f WHA Signature: Ugh oan Name and Title/ ery H. Bell, President Namie and Title: Clyde D. Hare, Attorney-in-Fact & FL Licensed Resident Agent Address: 1097 Highway 83 North, Defuniak Springs, FL 32433 Address: PO Box 6202, Metairie, LA 70009 Page 2 of 2 GSM28681 NCE COMPANY THE GRAY CASUALTY & SURETY COMPANY GENERAL POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint Benjamin H. French, Clyde D. Hare, Rebekah Wolf, L. Dale Waldorff, K. Wayne Walker, Pamela L, Jarman and Paul A. Locascio of Fort Walton Beach, Florida jointly or severally on behalf of each of the Companies named above its true and lawful Attorney(s)-in-Fact,.to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature of a bond, as surety, contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $10,000,000. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 26" day of June, : [eo] THE GRAY INS 177679 “RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney, and to attach the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile’seal shall be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto affixed, and these presents to be signed by their authorized officers this 12 day of September, 2011. Michael T. Gray President, The Gray Insurance Company Attest: Hy , de Mark S. Manguno The Gray Insurance Company, The’ Gray Casualty & Surety Company Vice President, The Gray Casualty & Surety Company State of Louisiana Parish of Jefferson On this 12 day of September, 2011, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company and Vice President of The Gray Casualty & Surety Company, and Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of their companies. 7 ee te ont (E> Lisa S. Millar, Notary Public, Parish of Orleans State of Louisiana My Commission is for Life L,.Mark.S..Manguno, Secretary of The.Gray Insurance Company and The Gray-Casualty & Surety Company,-do hereby certify that the abov forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. d the seals of the Companies thi. IN WITNESS WHEREOF, I have set my hand and aff Aprii 2014 pw Mark S. Manguno, Secretary The Gray Insurance Company The Gray Casualty & Surety Company AGIA ISIN: UaGHOd LMI OHOl flees i BELAY LON SL UNainood (Soy eoeerett Ais PNIRA ONO IU Hag HOE ne lE Oh Sl Inanecod.: = ve Ban moun n