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Exhibit 7 Payment Bond
Exhibit 7 Payment Bond 00720 FORM OF PAYMENT BOND Bond No. 929436031 BY THIS BOND, We Miami Skyline Construction Corp. as Principal, hereinafter called CONTRACTOR, and Western Surety Company as Surety, are bound to the CITY of Miami Beach, Florida, as Obligee, hereinafter called CITY, in the amount of an initial One Million Dollars ($1,000,000) for VERTICAL CITYWIDE Contract and an initial Two Million Dollars ($2,000,000) for HORIZONTAL ROW Contracts 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, Bid/Contract No.: ,awarded the day of , 20 ,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. Pays CITY all losses, liquidated damages, expenses, costs and attorneys fees including appellate proceedings, that CITY sustains because of default by CONTRACTOR under the Contract; and 2. Promptly makes 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: 2.1. 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. 2.2. 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 performance 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. 2.3. 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. 2.4. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. 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. Signed and sealed this WITNESSES: day of , 20 ~,.. (Secretary) (CORPORATE SEAL) IN THE PRESENCE OF: Miami Skyline Constructio~~ %orp. Name of Corp~atio/` y - r .,. ~_~.,~ (Sign` atur~and~ Titie) ~~~~~: ~ (Type NameRitle Signed~dbove) INSURANCE COMPANY Western Su °ety _ many qent and Attorney-in-Fact S~iawn A. Burton 2405 Lucien Way (Address: Street) Maitland. FL 32751 (City/State/Zip) Telephone No.: 877-276-7511 00721 CERTIFICATE AS TO CORPORATE PRINCIPAL I, ~'~%~~"~~~~ ~ ~ ~~~~ ~ ~~~, ~ ~ certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); thatC"(~'D1~ `~~ L~E'(~'(r1~,~~z who signed the Bond(s) on behalf of the Principal, was then~~=~`~~~D~r,ti"~of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. ~-~.` . ~ -- (Seal) as Secretary of ~'~-~t'il SK~ ~t~c_. C°C-(~-'~; i~Y` r~T1~'ti~ C'_~`+i'~ - (Name of Corporation) (SEAL) STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADE ) Before me, a Notary Public commissioned, qualified and acting personally, appeared -~ ~ ~ , ~~F~r~G~~c' '' ~ ~ '~ ~-~~~ z~ ~ to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of CONTRACTOR named therein in favor of CITY. Subscribed and Sworn to before me this y~L day of~~~L 2~e~ti, 20 G~ My commission expires: _>._•~~/C~~ ;L Y G: ~~.---~~ ~...,...`. ""'~'~"""'" Public, State of IuWYLIN Y. MADRlD ',~~TA""q~, °°°~e°"' Florida . , ~;~. y„~, at Large F,ondedthru (800~t32-425x: :-'_,9;a ',otary Assn., 'r - " . ............................, ,, ..4 Bonded by _' ~ ~;'~ 1.~~ f~'Tr-~c'' ~~ 1~55~%~ ~ , Vi ~ . Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a Sou[h 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 Gerald J Arch, Michael A Bonet, Shawn Alan Burton, Michael A Holmes, Individually of Fort Lauderdale, FL, its true and lawful Attorney(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 [o [he same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attomey 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 [o be signed by its Senior Vice President and its corporate seal [o be hereto affixed on this 30th day of August, 2007. +°~~aETyw,, WESTERN SURETY COMPANY °W % pP OA,y'c~'iz c N:40 r~i n=_ =_ lz ~`k"4iTN DPµ~~p`. .. Paul . Bmflat, Senior Vice President State of South Dakota ss County of Minnehaha On this 30th day of August, 2007, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior 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 }"`'`'tititiStitiSti~,stitititias55titi5 } r D. KRELL `r November 30, 2012 r sEAI. NOTARY PUBLIC sE t. r r SOUTH DAKOTA r }S~4tigYhSti4titiS44M4hSS~sSb} CERTIFICATE D. Krell, No ary Public I, 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 [have hereunto subscribed my name and affixed the seal of the said corporation this day of 'SURETs WESTERN SURETY COMPANY p?~,..--. , o W 4~P Aryl D-FF =l ~}v. Se n~.''• ATM pPK~ L. Nelson, Assistant Secretary Form F4280-09-06 Exhibit 8 Insurance Certificate Oct~24~ 2007 6~lOPM No~2802 P. 2 ~1CQR,Q CERTIFICATE 01= LIABILITY INSURANCE osiziiz o ' PRODUCER (305) 822-7800 FAX Co17 i nsworth , A3 ter, Fowler, Dowling & French P. 0. Box 9315 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER- TWIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY TWE POLICIES SLOW. Miami Lakes, FL 33014-9315 INSURERS AFFORDING COVERAGE NAIC # INauREO Miami Sky '1ne Construction Corp. wsuReRA: Amerisure insurance Co 09088 705 NE 134 Street INSURER B: North Miami, FL 33161 NsuRERC: N9URER O; NSURER E: V THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PE:RIpp INDICATED. NOTW ITHSTANDING TERM OR CONDITION dF ANY CONTRACT OR OTHER DOCUMENT' WCTH RESPECT TO WHICH THIS CERTIFICATE MAY 6E ISSU6D OR ANY REQUIREMENT , THE INSURANCE AFFORDED BY THE POLkGIE5 D>«SCRIBED HEEQEIN IS SUBJECT TD ALL THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH MAY PERTAIN , POLICIES. AGGREGATE LIMBS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ~' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POt1CY EXPI T N LIMFTS GENERAL LU161LfTY GL2008538020007 03/23/2007 03/23/2008 EACH OCCURRENCE 5 ~, QQQ, QQ COMMERCIAL GENERAL LWBIL(TY DAMAGE TO RENTED. $ 50 QQ CLAIMS MAQE Q 4GGUR ~ ~ MED EXP (My orre person) $ 5 Qp A ~( P7=RSONAL & ADV 1NJVRY 5 1 , Q(}Q ~ QQ GENERAL AGGREGATE S Z , QOO , OO GEN'L AGGREGATE LIMfi APPLIES PER' PRODUCT5 - COMPIOP AGG f Z. ,QQQ , OO POLICY jE~ LOC AUT OMOBILE LIABILITY COMBINED SNGLE LIMB S gNVAUTO (Eaaccdmt) ALL OWNF~ AUTOS BODILY NJURV $ SCHEDULED AUTOS (Per perabr,) a ~ / HIRED AlfTD5 (/ `/~T ~ BODfLY NJURY P id t S NON-OWNED AUTOS `' G er acc en ) ( __ PRQPERYY DAMAGE $ (par accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S~ ANY ALRO OTHER THAN 6A ACC $ AUTO gNLY: AGG $ EXCESSAIMBRE LLA LIasIUITY ERCM OCCURRENCE f OCCUR ~ CLAM43 MADE ~ AGGREGATE f S DEDUCT6LE S RETENTION 5 S wORIO=RS COMPENSATION AND 1+IC200853904 03/23/2007 03/23/2008 WC3TA - OTH- EMPLprERS' LIABILITY ANY PROPRIETgRlPARTNER/EXECUTNE ~ E.L. EACH ACCIDENT S 1 QOQ QQ /~ gFFICER/MEMBER EXCLUDED? E.L. DISEASE - EP, EMP4gYE $ 1 OOO , OO SPECIAL~PROVl340NS bB10w E.L. DISEASE-POLK:Y LRAIT S ~.,dOO, 00 OTHER OESCRIPTI NOFORE ON$/4 pcA7~I4qN81VEHIGLESfEXC~IISlOtV8AD0~QBY~DOitSE l h 6Q~! NR Ci f Mi i B ~"A ~ 0 al HorlZO[lt ow o. 35-06/07 Vert~ca C~tywT a jb ty o am eac - B, e: ]0 re clamed additional insured on General Liability policy. rsoTrclrATC unl n~o rteuccl I ennM BNOULD ANY OF,THE A80VE DE9CkR3E0 POLICIES BE GANCELLEO $EFORE THE EXPIRATK7H DATE 7HEIYEQF, TNf ISSLHNG INSURER WILL ENDEAVOR TO NAIL c, ty of Miami Beach 30 DAYS WRrcTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn' GuS LOpeZ ~ BUTFaLURETOMAILSUCHNOTICE3HALLIMPOSENOOBLJGAnONORLU1BIUrv Conventian Center Drive 1700 OF ANY KIND UPONTMEINSURER,IT9/WENr50RREPRESENTATIVfS- Miami, FL 33139 AU7HORIZEU REPRESENTATIVE ~~ Lee Fowler GCM ACORD 25 (2001!08) FAX: {305)673-7073 ©ACORD CORPORATIOT{ 1988 P©F created with pdtFactory Pro trial version www.~dffactory.ccm Oct • 24. 2007 5 ~ l OPM ~-_~*-~~r~+-~.+,~ ~+~- I~.V...1,.,7~...~.. No ~ 2802-• ~'~P 4 ~-~ SUCH INSURANCE AS RESf'1*GT3 THE INTEREST D>` THE ~EFiTIFICATE HOl_p1=R 1AIILL MOT BE t;fatvu~Llr,t? urc dTFtERHRSE TERIUIIf+WrE^ WITHOUT GIVING 70 DAYS PRIOR WRITTEN NOTICE TO THE GER1-IFICAT>ir HOLQER (LAMED BELUW, Bl1T IN Np EYENT 5HAi.U THI$ CERTII=KATE ~E VALID MORE THAN 30 DAYS FROM THE BATE W#tITTEN. TF[I8 GERTII'IGATfn OF INSURANCE DOES NCf7 G}{ANGE THE C4YERACaE PKOVIDEU ~Y ANY PQLICY gESCRI~ED R>`LBW_ This Gertifi~s that: ~ STA7`f FRRM Mt1TUAf-ALITOMOBII.E INSURANCE COMPANY of 610amingtan, ]Itinol&, or ^ STATE FAgM FIRE AN^ GASI.lAL1Y COMfPANY of 6loamingtnn, IUinni~ has aavarage in forge far the fa4awing Named Insured as Shown below Named Insured MIAi'vti SKYLINE GQNSTRUCTION CORPORATION Address of Named jnsured 7D5 NE 130T1i STREET Nbf2'fH MIAMI. i;L 33181~752fi / _ POLICY NUM61=fi p351i99-D05-.591 182 862-E15-598 EFFEG7"tVE DATi; OF 4i'SJ07-1aJSrQT OSl1Sll)7-f1f15lD7 POLICY 20Q2 EORI3 F'i5Q PIU 2U03 t7D0GE PfU biWSGRIPTtON OF NS VEHICLE f_G461L1TY COVERAGE AYES ^ND ®YES ~Nf? YES NO YES N4 t-tluttTS 4F LSA8ILITY a. Bodily Injury Each Person a. Bodily Injury Each Accident b. Property i~arnage G, Spdily Injury 8 Propsr~rDamegv S1,tlo4,o00.00 S1,000,Otia.00 Single Limlt Each AacEdent - PNYSIGAI aAMAGE YES NQ YES QNO ©YES NO YES ^NO CQVFRAG~S 500. 0 Beductible ; 00 Dedudible 5500 X0,00 Deductble Deductible a. Com reherislu9 ,,, ,, YES tV0 ®YES N4 QYf:'S N4 ES ^NO b. Collision 5~0_0o Deductible 5500.00 Deductible Deducible Deductible EMPLOYER'S NON-t7WNEfiSHIP ~Y~ ^Np YES ^NO ^YES ^NO ^YES ^NO ,ate... -s_%<~-_~ COVERAGE ..~,,,-a-.. ,~.~•~+r..----~r••.;.~-,. . HEFTED GA~Ft COVERAGE ,.. YES NQ ~ ~ , YES LINO YES NO C]YPS NO ~~ AGENT 2220 06121!07 ~' ~g~i~ '~¢"j~~~n~ativ,~ •~ ` Idle Agents Code Number Date Name and Address of Certificate Holder ~ ~ Name and Address of Agent ,,,.,~ ~ CITY OF MIAMI [3EAGH STEVEN N ENFiELb, STATE FARM IN$. ATTN: GtSS LOPEZ 8040 PETERS ROAD STE H-106 1700 CONVENTION CENI`I=R [)RIVE PLANTATION, FL4RIC}A 3332.4 MIAMI 9f=ACN. i=f. 33139 PNQN~ (95~I) 370,23A5 DADS (3Q5) 9~5-2345 Check if a permanent Certificate of insurance far liability coverage is Headed: ^ Check if the Certificate Holder Should be added ss an Addi6enal Insured; ~ Remarks: ftE_ JOG BID NO. ~~Q61D7 BID Nib, 36-OSlt}7 YERTIGAI~ CfTYWIDEI HOFttZONTAe_ ROW a, Oct•24. 2007 S:IOPM No•2802 P• 3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the cerEificate • holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not Constitute a Contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2p07/08) PDF created with pdfFactory Pro trial version wv~w,pdttactory.com