Exhibit 7 Payment BondExhibit 7
Payment Bond
FROM :CONSTRUCTION
FAX NO. :3052636884 Sep. 26 2007 04:24PM P6
00720 FORM OF PAYMENT BOND
Bond #36176
BYTHIS BOND, We Alpine Constriirtion ManagpmPnt r'nrp
Principal, hereinafter called CONTRACTOR, and l.irrnln Ce -a -al TTIWWP r�,,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 MIME=
HORIZONTAL
as
.trr: ii:+ .-,;1i,i i, t.ttr4tri 140e,.
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.: 36-06/07 , 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.
FROM :CONSTRUCTION
FAX NO. :3052636884 Sep. 26 2007 04:25PM P7
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
2nd
(CORPORATE SEAL)
IN THE PRESENCE OF:
day of October
20 07
Alpine Construction Management Corp.
Name of Cgrporation)
By
Alfred Quero, President
(Type Name/Title Signed Above)
INSU
By
ANY
alpinsurance Company
Agent and Attorney -in -Fact Burton Harris
3501 (',nncnrd Road
(Address: Street)
Ynrk _ PA 176f19
(City/State/Zip)
Telephone No.: (305) 552-5414
FROM :CONSTRUCTION
FPX N0. :3052636884 Sep. 26 2007 04:25Pm PB
00721 CERTIFICATE AS TO CORPORATE PRINCIPAL
I. Al t'to CI%tp{r) certify that I am the
Secretary of the corporation named as Principal in the foregoing Performance and
Payment Bond (Performance Bond and Payment Bond); thatAlfred Ouero who
signed the Bond(s) on behalf of the Principal, was then Presiden6f 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.
STATE OF FLORIDA )
)SS
COUNTY OF MIAMI-DADE )
(Seal) as Secretary of
Ina W%(n `MLLCePj ll 1'—
(Name of Corporation)
(SEAL)
Before me, a Notary Public duly commissioned, qualified and acting personally, appeared
Burton Harris 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 zmd day of October , 20 07
My commission expires;
BARBARA
Notary Pnnuc,
My Gomm. exo.
Comm. No.
K. BATES
State of Florida
Aum. 29, 2009
DD 451650
Notary Ffublic, State of
Florida at Large
Bonded
by
BARBARA K. BATES
Notary . oafs, State Of M1 ",, , . dc;i. Aug.
Comm. No, DD 451250
LINCOLN GENERAL INSURANCE COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS; That Lincoln General Insurance Company, organized and existing by virtue of the
Laws of the Commonwealth of Pennsylvania, does hereby nominate, constitute and appoint:
N° '36176
Burton Harris; Christine Marshall Harris; Marina Mercedes Ramil; Odalis Cabrera
Its true and lawful Attomey(s)-in-Fact to sign, seal and execute for and on its behalf, as surety, bonds, undertakings, and other
obligatory instruments of similar nature, and to bind it thereby as fully and to the 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.
RESOLVED that this Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under
authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 4'" day of
September, 2002.
RESOLVED that the President, an Executive or Senior Vice President, or any Vice President of the Company, together with the
Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s) named as
Attomey(s)-in-Fact to date, execute sign, seal and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and
other similar contracts of suretyship, and any related documents.
RESOLVED FURTHER that the signatures of the officers making the appointment, and the signature of any officer certifying
the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal
of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile
representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if
manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing or photocopying.
IN WITNESS WHEREOF, Lincoln General Insurance Company has caused its corporate seal to be affixed and these presents to
be signed by its duly authorized officers this 15th day of October, 2004.
941t‘,2e042
Secretary Preside
On this 15th day of October, 2004, before me personally came John T. Clark, to me known, who being duly swom, did depose
and say: that he is the President of the Corporation described in and which executed the above instrument: that he knows the seal
affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors
of said Company; and that he executed the said instrument by like order and authority and the same was his free act and deed.
The Commonwealth of Pennsylvania
York County
NOTARIAL SEAL
RENEE L KRNACSY'
Notary Public
YORK CIIV,YORK COUNTY
My Commission Expires Oct 29. 2008
I, Gary J. Omdorff, Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do
hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and of
the whole of the original and that the said Power of Attomey is still in full force and effect and has not been revoked, and
furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney is now in force.
INLWITNESS WHEREOF, I htvoebhereunto set my ha%dnand affixed the seal of said Company, at York, Pennsylvania, this
nu day of Uc 07
Secretary