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2007-107
FIRST AMENDMENT TO AGREEMENT BETWEEN INDIAN RIVER COUNTY AND HARRY A. and CECELIA A. KLIMAS AND ALBERT J . and STEPHANIE P . KLIMAS This First Amendment to Agreement between Indian River County and Harry A. and Cecelia A . Klimas and Albert J . and Stephanie P . Klimas (" First Amendment") is entered into effective March 20 , 2007 , by and between Indian River County, a political subdivision of the State of Florida , 1840 25" Street, Vero Beach , FL 32960 ("County') and Harry A. and Cecelia A. Klimas and Albert J . and Stephanie P . Klimas , whose address is 7412 US Highway 1 , Vero Beach , FL 32967 (collectively " Developer") . BACKGROUND RECITALS A. Effective July 6 , 2004 , the County and the Developer entered into the Agreement between Indian River County and Harry A. and Cecelia A. Klimas and Albert J . and Stephanie P . Klimas ("Agreement"). B . The County and the Developer desire to amend the Agreement by revising the maximum amount that the County will reimburse the Developer, in accordance with the provisions of the Agreement, as set forth in this First Amendment . NOW THEREFORE , for good and valuable consideration , the receipt and sufficiency of which is hereby acknowledged , the parties hereto , intending to be legally bound , covenant and agree to amend the Agreement as follows : ( 1 ) The Background Recitals are true and correct and form a material part of this First Amendment. (2 ) From and after the effective date of this First Amendment the third paragraph of Paragraph 1 .A. on Page 1 of the Agreement is amended by increasing the Reimbursement amount from $ 127,490 . 60 to $ 144 , 725 . 34 . (3) All terms and conditions of the Agreement not amended herein remain in full force and effect. IN WITNESS WHEREOF , the County and the Developer have caused this First Amendment to be signed as of the day and year first stated above . Developer: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By 7 F Harry'A. Klimas By P Q �f. �cv�dd By Gc � FKr Cecelia A. Klimas Ge C . Wheeler, C (iairman 41 7- By Approved : Albert J . Klimas Y Byteph yB �,tiwz. �ti�� J . B ird , Count Administr for Sit phanie P . Klimas Apto form and legal sufficiency: avian E . I Assistant County Attorney (o ' Attachment H - Copyof Original Developers Agreement.-., & AGREEMENT BETWEEN INDIAN RIVER COUtNTY, FLORIDA AND . HARRY A. and CECELIA A. KLINIAS AND ALBERT J. and STEPHANIE P. KLINIAS FOR THE CONSTRUCTION OF OFF-SITE UTILITIES THIS AGREEMENT by and between INDIAN RIVER COUNTY. a political subdivision of the State of 4 Florida , the address of which is 1540 25th Street, Vero Beach, Florida 32960 (hereinafter the "COUNTY ") and HARRY A. KLIMAS and CECELIA A. KLINIAS. HUSBAND AND WIFE , AS TO AN UNDIVIDED 1/1 INTEREST. and .ALBERT J. KLEMAS and STEPHANIE P. KLINIAS, HUSBAND AND WIFE, AS TO AN UNDIVIDED A rNTEREST, whose address is . 7413 US I , Vero Beach, FL 32967 (hereinafter the "DEVELOPER") is effective upon execution by the second of the two parties. $ WHEREAS, the DEVELOPER, in conjunction with the construction improvements Oak Island Development Phase fII, is providing vvxter and wastewater facilities to serve the subject properly located at the east side of US Highway 1 . north of 73"' Street and more specifically described in Exhibit "A'; and - WHEREAS. pursuant to Section 9I S.05, The Code of Indian River County (Ordinance 90-16, as amended), the COUNTY. requires the DEVELOPER to provide the utility improvements to serve the regional area, and agrees to reimburse the DEVELOPER. as provided herein, for the cost of providing these off-site utilities; NOW, THEREFORE, for and in consideration of the mutual promises set forth herein and other good and valuable consideration, the COUNTY and DEVELOPER agree as follows: 1 . OFF-SITE UTILITIES : The DEVELOPER shall construct the necessaryotbsite utilities described herein as directed bythe Indian River County Utilities Department. The COUNTY shall reimburse the DEVELOPER for over-sizing of the oft--site utilities as ourlined below: A. Rtgional Gravity Sewer System: The DEVELOPER shall furnish and install approximately 1 ,500 LF of 8 -inch diameter gravity sewer and associated manholes to serve Five (5) properties or. US 1 north of 73" Street on the east side of Us i as shown on Exhibit "C. " - Reimbursement. Following the DEVELOPER's payment of Capacity Charges, the COUNTY shall reimburse the DEVELOPER based on an itemized invoice of the installed material on a complete basis after the above-referenced facilities are dedicated to and accepted by the COUNTY. The funds to reimburse the DEV ELOPER shat{ derive from the connection charges of other properties that use the constructed lines and facilities based on their share of the hydraulic capacity used. The COUNTY's obligation to make reimbursement to DEVELOPER shall expire five (5) years from the date of this Agreement. Reimbursement shall be in the fort of check from the COUNTY, and shall not exceed the amount of S127 .490.60 (see attached Exhibil B). Page I oE6 rLNi 61M'/ LYS'wFEI{\OMJ}4i{ lilYfYCW'9K1ln n.{IDt) MVLLl4 ,VV64Cfy1y 4plYD1e5Y//p{4 . WYtaula,y/i�/.511{ VT:UIW ILL\[ V..'(W P% Arncndment : Only a written instrument csccutcd by all parties to the AgrccmcriI may mod if',, this .Agreement. .Assienability_ Either pa-y may assign this Agreement. However, the rights granted herein shall rum with the land and are not the personal property of the DEVELOPER. Therefore, while the DEVELOPER has the tight under this :ureentcrt [c freely lransicr the rights and obligations granted by this Agreement, the assrmec shall not have the neht to transfer these rights to another propeny unless this Agrecmcnt is amended in "vriting by the 2ssi�nee and the COUNTY. i 4 . AUthcrIl": { rants to the o [her that the execution of this Aeement and any other Each pan% hereto represents and war documents required or necessary to be executed pursuant to the provisions hereof arc valid , bindinc obligations and is enforceable in accordance with tncir terms. 5 . Bidding and Asgard : Bid proposals and cniinccring costs related to the wort: descnkd herein shall be sebjeci ;o approval byrthe IndianRivcrCountyDepartmentofUuhtvServices. The DEVELOPER agrees to use DernandStartobidthe construction of off-site utilities describes herein. The DEVELOPERshali submit to fnc Dcparnnent of Utility Services for review at least three (3 ) bids from licensed and quali f.. ed utiii ry contractors The term "Qualified" shall be as determined by the COUNTY. Tho COndTY ' s reimbursement of construction costs to the DEVELOPER shall be conditioned upon the Utility Services Department ' s approval of project costs. The DEVELOPER shalt not commerce work unless the Utility Scryices Department provideswntten approval of the final construction cost. The COUNTY may require redesign are or re-bid i :`, in the COLtNTY"'s sole discretion , project cosis si�:. iticantly exceed those contained in Exhibit "B. " 6. Cannons : Captions, i `included, in. this Agreerrtent are included for cotn2rlerce only and are not to be considered in ary constructton or interpretation of this Agreement or any ofits provisions. i 7 . Cone_; action Plans Technical Specifications and Contras: Documents: j The DEVELOPER agrees to complete a final: set of const*uc;ion drawings and rmakc submission for a utilities Construction Permit to the Indian River Courny utilities Department and Florid: Department o` Envfronmcn: alProtection (FDE'}. The DEV LOPERshallnn [ commenccconsi ur_<irrnurtilal : permits are approved and obtained . S. DeF rtition Ail pronouns shall be deemed to refer to the masculine., fe:nimne, or neuter, singular Orplcral , as the identity of the party or parties may require, 4. DEVELOPER ' s Oblivations: The DEVELOPERshall prepare at its psvn a;<pen e_ plans, specirioatiors, Agreement, tint vcrtisement. gercra] conditions, hereinafter rc=erred to as the "contract documents ", for the lines and facilities necessary to dcliccr the %.vaterand ,.vastew2Lcr utilities from the COUNTY ' S facilities . All plans and specifications shall be subject to the COL>1'TY ' s approval prior to the DEVELOPER 's applecion. The DE- VELOPERshall be responsible ror all costs associated with the design, permitting and construction of the offsite facilities (which includes but is not limited to (ransmission lines, valves, fittings, hydrants, meters. and associated appurtenances) whether dcsigncd , permitted o; constructed by the DEVELOPER or the COUNTY , The design , perrnittin3, construction, operation and maintenance ofall on—site water and wastewater utilities which is on or solely dedicated to the DEVELOPER 's property (including but not limited to Ovate; meter, transmission lines, pumps, valves, storage facilities, etc. ) shall be the DEVELOPER ' s responsibility and Page 2 of 6 ItT W t, IMM PC . 'EEc. , RC14LM V7'uT) k11,lLlAiKIqIiLGR '.14k 1J1 ? A%ry LES � M{L:[• 1i1M91 >[£ SCE L" Ji.`i 'L'fE ,)9iDK s expense- Construction of On-Site water and wastewater utilities shall be subica to COUNTY review and appno•. j ] Tho DE `• ELOPER shati be deemed in possession ofthc potable .vater on the DEV ELOPER 's side of the water meter, howcvtr tike DEVELOPER shall not be deemed to own the water, and the transfer or sale of waterbvthe DEVELOPER is prohibited . The DEVELOPER may not transfer or sell ,water or wastewater capacity to any party for use off-site of the p10pc . 10. Easemcat; � The DEQ ELOPER shall convtry to the COUNTY a utility easea:em [or the triter and x•:astcwater utilities for tnc COL'NTY to install , maintain, operate and monitor the water and •.vaste .vater uti] itits, wi hin the p vate Tight-of-way including, but not limited to, water lines, services , Iatera!s , manholes , meters, lift station, se•.aer, remote n•%)nitoring and related utiiiry structures After the COUNTY ' S final inspection of the of,-size water and wustewaterfaeiiires for confonaance •.kith the approved plans and spm ications , the DEVEL OPER shad convey all the ofF•site facilities iogetharwith an Interest m land , as may be required by the COUNTY, to the COLITY . The conveyance shall include any of the following documents as may bo required by the COIL NTY, in a fpmt acceptable to the COUNTY : aj Br: ! of Sabc bj Grants of Easements c) Maintenance Bond d) Record Drawings (hard copy and electronic format — AultoCAD to] . ! 4 .Oj 11 . Fn 'ireA ', ecmcnt This ApTeerncrt embodies the entire ag ee^tent between the parties relative to the subicct matter hereof, and there is no oral or Nvritten agreements between the parties, nor any representation:..<-- made by either pane relati •re to the subject niatter hereof, which are not expressly set forth herein . t ?. Govemin^_ Law & ,iurisdictiom This Ae eemcnt shall be governed by the laws of the State of Florida and the laws of the United States pertaining to transactions in such state, and all actions arising out of tliis Agrecmcnishal ! be brought is L•tdian River County, Florda, or, in the event of federal iunsdictior., the United StatcsDistnct Court foe the Southern Distrix of Florida. All of the parties to this Agret rent have pard: ipated frecly in the negotiation and preparation hereof Accordingly, chis Agreement shzJ! not be more strictly construed against anyone ofthe paries herelo- L . insurance and indemnification : The DEVELOPER shall ensure that , at least ten ( 10) days prior to inc catmntncement of any work, the selected contractor and any subcontractor provides to the COUNTY a certificate oP commercial general iiabi 1 in' insurance with a reputable insurance company subjec! to approval byffie COLTNTY ' s ns=: manager in an amciuni not less than. C3 ,000 , OtiO combined single limit for bodily injury and property damage in accordance with the COUNTY ' sAdminislmiivc policy Manual. TheDEVELOPER shallensurtlhal. aticast ten ( 10) da,s prior to the eornmcnecnicnt ofany tvors the selected contractor and crysuhcontmctor provides to the COUNTY a certifieatt ofbusincss auto liabi. lily insurance with a reputable insurance company subject to appro.-al by the COUNTY 's risk manager in an amount not less than S3 ,00l .00n per occurrence combined s' inole. LmitforbodiI in; uryandpropertydamageinaccordaneetriththeCOUVTY ' sAdminisc-a:itoPOIicy Manual . The commercial general habillty and auto liability insurance policies shall name Indian River County, a political subdivision of the State of Florida, as an additional insured. Irtaddition , the DEVELOPER Shall ensure that.. at least ten ( 10) days prior to the commencement of any work the selected contractor and any subcontractor provides to the COU:NTTY a certificate of worker's compensation insurance with a limit of S100 .00t; for each accident, $ 500,000 disease (policy limit) and 5100 ,000 disease (each employee) in Page 3 of G UTILtrics . s•. r-e+ x..rurs . .:uc . n x UtP .�Ire, oe . . :•x+:. .w+.ccyx. . .K_ux. ori,.s:•e u .. -.ism. -¢ 1 , »- :o. accordance with the COUNTY ' s Administrative Policy Manual The DE/ ELOPER shall provide to the COUNTY at least thirty ( 30 ) da1s ' wrinenrincebyregistered mail,MUM rcccptrequested , addressedtothe COUNTY ' s risk manager, prior to cancellation or modification of any requircd insurance_ The DEVELOPER hereby releases and holds harmless the COUNTY , and the COUNTY ' s officers . employees and agents , from and against any and all claims for damages, costs, third party cla:ms , judgrnents, and espcnsc to per sons or property That may arise out of, or be occasioned by, any work con[emptated by this agrel' meni , or from any act or omission of zny representative, ogen[, chert;, and or employee of DEVELOPER, and DEVELOPER shall indemnity the COUNTY against any such claims and any judgments that maybe ente•ed ir. connection therewith, including attomey fees. DEVELOPER. shall indemnify the COUNTY acairst am. claim for demage that any ut 'list ,, whether publicly or pneatcly orsrned , may sustx r. or receivc i-' cornecuon :with znv work contemplated by this afnccmcnt. DEVELOPER shall nor male envc:aim of am; l Lind or charac [cr wha [socvc . against the CO ` \'] Y" far damm?es that i ; may suffer by reason of the I installation. construction, reconstrucLo n, oaerzoon , and s'ormaimtr amc of anv public improvement, or utility, hither presently in place or*'hich may in the future be canstwcted or instilled, including but neL iunited to, any wtacr andlor sanitary sewer mains and 'or storm server facilities. and whether such, damage is dr. c to flooding , infiltration, backflow , andior sccpage caused from the failure ofany installation, raturxi CaUSCS , or froma-' ': othercauseofv. hatsocvcrkindornature. Itistheintentionofthisindemnificationagreement or" 'ha pan of DEVELOPER, and a condition of this agreement, that it she, 1 ! be full and total indemnity against any kind o: character of claim +.ahatsocver that may be assertod against the COUNTY. DEVELOPER hereby agt ees to defend any and all suits, claims, and causes of action hrought a;ainst t4,e COUv'TY" xtisi7goutofo: in connection with any wort, contemolated by this agreement, a A DEVELOPER agrees to payanyjudgmenl ori udgments, including attorney fees, that maybe rendered against the COUNTY' or arTainst t%:e CGUNTY ' s officers , employees or agents in connection therewith. 14. tiairtenancc Rond ! The DEVEL OPER ar ccs to convey all right , title, and interest in the aforementioned utilityimproverments to INDIAN RIVER COUNTY and provide a %Maintenance Bond, subject to the COUNTY 's approval, issued by a reputable surety company authorized to do business in the Staec offlorida, far a Deriod of one year after the COUNTY"s acceptance of the improvements. The value of the %Maintenance Bond shall be 25 p=ent of the rota ] construction value o the utility improvements. At the COUNTY's sole discretion, the COUNTY may accept z Letter of Credit , dratc : on x reputable financial institution located within 200 miles of Vero Beach , Florida ., in Lieu of z surety bond. 15. Multiple Counterparts : This A.nrccment maybe executed ma nt:rrtber of identical courterpa is which, om en together, shall constitute collectively one. ( 1 ) AgTocemenc; butit.. makingproofofthisA reetnen„ itshall not benecessary :o produce or account Ter more than one such counterpart executed by the party to be charged , 6 Pcmtits: The DEVELOPER shall be responsible for obtaining all construction and aperating permits requircd forthe construction, delivery, use and monitoring of me water distributee to and wastewater collected from the subject property. df, through no fault ofthe parties involved, any federal , state or local govemmcnt oragcncr (ezelud! m the COLtNTYj fails to issue necessary permits, or fails to grant necessary approvals, o- requires a material change in the system, then to the extem necessary and if possible, flee parties agree to nCgot: ate an amendment to the Agreement to rc;lec the change in condition. if the COUNTY determines that it is impossible or impracticable to perform under the terms of this Agreement because of the above, then this Agreement shall te-mimate and the parties shall have no further obligations to each other. 1lieDEVELOPER shall cornptywith reasonable request bythe COUNTY conceming on-site opernonsand maintenance including but not limited to all FDEP regulations relating to bacterialo6cal and hydrostatic testing , cross connection control, monitoring, color-cod[ng of water and wastewater equipment . Page 4 of 6 t LYIJ -C i71Lt'I El C lCa,& � IVG.EI7L5 U Liv C�'SM_C NI : ML'__ap \ CS LCA •: -^ OC"GPL,] A ?TF,tCT N, LLO LL:'S4. FF 511 E LTL INMI ' .I I I I ;M -F I P . Reaxdln,; of Agreemcr.0 ! "[his Agreement may be recorded in the official records of Indian River Countyby the COUNTY. Ifrccorded, the obligations defined in this Agreement shall run with rhe land and shall bind subsequent owners of the prnpctty for the term of this Agree;nent . The DEVELOPER shall pay for all recording cost tE;, ScvcraHiii Invalid Provision; If any prc :: son of the Agreement is held to be illegal, invalid or unenforceable underpresent or future laws, such provision shall be fully severable; this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never cornnnsed a pa. of this AgTcemcm . and the remaining provisions of this Agreement shall remain in Ful ! force and effect and shall not be affected bi such illegal , invalid . or unenforceable pmvision or by its severance from this Ag-ccment. 19 . "fcr41n 'Cite tens of this Agreernent is five (S) years . Unless otherwise agr ted to by the oanies in w-airg. this Agreernent 'shall not be renewed automatically for suceessive terms . Notwithstanding the foregoing, this Ac cement shall be noterninous with FDEP Pennit fo- construction and :dth the Coun€y' s Utihty Construction ?omi s;lhichcverprovide; asherertime pe od, but ,hallbenc: mcrethenfvc :;3jyeenfrom the date o' issuance . The Counry may terminate this A;reemen, early m its sole discretion if it determines that the development project intended to he served by the improvements is suspcndad or discuntnucd. 2CI , Time of Essence; Time is of the essence of this Agreement; however, if the final date of any period which is set out in any provision of this Agreement falls on a Saturday, Sunday or legal holiday under the laws of the State of Florida. then , in such even;, the time of such period shall be extendedto the nest day which isnot a Saturday, Sunday or legal holiday. IN WITNESS iVHEREOE, the COUNTY and the DEVELOPER have accepted, made, and executed this Agreemr as follo•xs : � / 9 . KCteSs :o A2y.d Cecelia A. Khnu+s Harry A. imas R`i tat Ss Printed -ame /� I 1�, �' ��h'�/.2�C:✓ /�Gr'h�wv ,^.i t�zi�.c-C� L� l 1� a I �( Cecc ': ia A . Klimas V."i tncs'S to ua:r A . and Ctczlia A. iaiaus /1 ,�. ;v L '� t" (""`_-' V9imcss Printed tiamc Albert J . Khmas , `11 1 lig ff .t,y� ( ti � J.,Y/?'1 i LC•LZ^--- ,v+'S 1. , . . . �' 'I ' ; ' %Vimes to +.1 jr, andePht MT- P Kunnas Stcpha)r; ie P - Klima- fY�, f� Flltllli bort 1 . andStcp File P . Ktirtzs Witness , ,lam mfr y V'iimess Pyln[cc \ an;c Page 5 of 6 I TJ'IES T." ' I ,,,,% EEI:Is& mi-wiR IRO IIti COKT Pr„ - NPts v ITS Nl L . N'-Fs ry ._,v, 0 . .'Ov In . .dEUET . M UC7[ LIMY W Y7E VTJ:1" T S C i t •l4Y 5T:1 ' I L' U1 : 1 LC) RID,? COi'V'11' OF INDIAN RIVER_ J)I Ti r orchr,, ill g i:; Scc: mcnt wis s•.vocn vj and subsc:ibcd be [nre me this '111 of ,�fZJ 200+. b., I-L-1F.R A KIJ1 L% S and CFCELI4 A KLI _ AS HUSBAND AND WIFE, %vho arc person-=1c Kno•,:n ro Mc orprod uced < � ?=3t7- 18�� 3Oasiden c aci . } 7�/.5 � t. . .C�a /'� (� 17 ;TLn7t[. >:C?n L' 1p4r8 Cpn Daw a. .. .................. . . . . • ffieHE C _ SARiTA JAIN " Sramncd Sezl mss: Lm o�re,rr - Notaty' Pubbc ST-?TE OF Z-TK : COC?:TyOF �� rCyit ki. 'T'!'s _`oreeoin3 inStmmQzt [ was scam [0 2e?d subseribed be &1rc me [Ius' de}' o } .�I @1�I T� , 3(YiIX , br' LBET;TI . ::LI ;•L1Sand STEPHANIEP . ILLI '`.L=rJ , .`-IliSIA. ,'DA\ DRII" , hc' a_ere:sac::Jl l.nri•sn :on)co: Com SULI-M cam ., . .;,, OSInIS ISAoeLLOPEZ Notary Pdblzy y r y '~ 1 . Notarjr Public STATE OF TEXAS BOARD OF COT,:--.\7Y COM.%nSS?OVERS N.y COMM. Ems,. 07-0&2D63 Appr INDIAN RIVER COUNTY. FLORIDA r. f, 'r . S � a t ! ay; r u �.r�c e' , nv Jo h A - Barr , d' County Administrator Caroline D Ging C hirr4!;, BCC App:`oved: ] II ] F � 9n,IY ApprovO as Co Four and Leal SS ffficiercv i ' / / Attest : J. K. Banon, Cle- < u , , l � , f �X-illiarn G, Y;blhns, CGttn . Ati0rney By:'� ��' Deputy Clea Attachment : Exhibit " A" ( property description) Page 6 of I viK6ltf 6"::4iT [+o:F:,:. of\y' vMG.rC[5 V .'NirlYn.uUllNtKf[aoRy WULLVAn MES UCn jWnLv4An[ A1 al3[ELN£]: MC L.'.tA E::.utt fi`.Rt. uf:4ilCiiV+l �]. bA GJt , le NO . : 'J 33d � 3S ropercv Appraisers parcel ICs! : 03 - ; 2 - 39 - GCOCO - 300E - 00024 / 0 sxxrarT � ncc South 1 /2 of th ^_ Forth 1 / 2 of the Southeast 1 / 4 of the Northweet 1 / 4 of Section 3 , Ind -+ an Piver Courcy , = lor_ ca . Township 32 South , Range 9 Esa L , SP.VIt,�GS AIZD EXCEP'_T_ N:G alt Of that part thereof lying west of Neta U , S .. Highway No . 1 , arica also the : part thexeof fronting on the Eas : side c .f - New U . S . lig :ewav Nc . i and extending eastward to the depth of 200 . 0 feet . TOGnTF,EP with an easement 30 . 0 feet in 'width alone the South end of said 20G . 0 ' parcel for roadwey perposcs for ingress and egress to that part of said South 1 / 2 of the North: Sf2 of the Southeast 1 / 4 of tT-- e t;Orthwest 1 ; 4 lying East of said 200 . E ' parte ' . E.^7D OF sturB .1 A E7GMIT A PROPERTY TAX ID N nIBER 03-32-33-0 0000-3000-00024.0 EXflIl3IT B RSTTIy1ATED COST OF 1M3'ROVEMENTS (WATER) IIem Description Estimated Unit of Measure Unit Price Total Price Ouanti _ I 8-inch Gravity Sewer 330 LF 36.00 11 ,880 .00 21 8-inch Gravity Sewer j 1 , 18() LF 52.00 61360 .00 3 h4anholcs 2 EA 2,700.00 5,400 .00 4 Manholes 5 EA 3 5,000.00 25,000 .00 5 Jack and Bore LS I 12,000,00 12,000 ,00 6 Traffic Control LS 6,500.00 6,500.00 7 Mobilization/Bond LS 6, 500.00 6,500.00 8 SumrevlStakeout/Asbuiits 1 LS 7,000 .00 7,000.00 t { Subt�lLL31 1351640.00 Contingency opwo 13 564.00 Total 149,204.00 Surve 13100 .00 Desi g 65500 .00 _ Permitting 3,500.00 Bidding & Award 1.200,00 L Seryices During Cons r coon 2,000.00 Administration 1 ,000. 00 Total Improvement Cost 164,504.00 Estimated County Share 127,490.60 g Developer's Share 371013 .40 Tract Cost Sharing Tract Acres °J - Off-silt Total 1 193 34% 55,93 : 36 2 0 . 86 15 % 24 ,675.6t 3 0 .41 7.3 % I2, 008 .79 4 1 .23 21 .2 % 34, 874 .85 22 ,5 °lo 37 013 .40 5.65 X00% 164,504.00 VVROJECTS 2003-206412003103-117,Muiler0as, IslaedVft ler DtVA9r a revised 5-10-CA.da Yag° 9 of 10 EMBIT-C PROJECT SKETCH OF IM PPOVFATEFTS TOWNSHIP 31S - -_ . - . _ r--- - --- -- 3 a� Y - S vK yryf r. YY � • � ,.0 a[ xn K lJ " Z1 x y[ .K u�au- • ui K t � 'V OAK Cai.AC SUB T \ . . aA K TN ♦ b on s — J Tfi rorvrw,t vrvfrr - ure+te�ccawrth's . rm3*rca�srx�Zrsf nuer5 .aui[� W� xrucfits Kxccuct �vnw> +��u�r - cc.fw�cu�ciu��r. . ec.'cwrien< '�ri� E'ucclID ) J? J9-OJOJ?X�}Co) 0>7'_t.0 EASEMENT This Grant of Easement, amide and executed this �� d2yof /�& , A.D., 2064, by HARRY A LLAMAS and CE CELIA A LLIMAS, HUSBAND AND WIFE , AS TO AN UNDIVIDED 'h INTEREST, and ALBERT J. ET.IMAS and STEPHANIE P_ KLRY AS, HUSBAND AND WIFE , AS TO AN UNDIVIDED h/I IN'T'EREST, whose address is 1756 27� Avenue, Vero Bcach, Fl. 32960, hereinafter called GRANIOF:', to INDIAN RIVER. COUNTY, FLORIDA, a poliacal subdivision of the State of Florida, whose address is 1840 25th Store, Vero Beach, FL 32960, hereinafter called GRANTEE=, 'Whenever used herein the term GRANTOR and GRANTEE include all harries to this iustrun=t and their hcdrs, legal repmsmmives, successor, and assigns. WlTNESSE TH : That GRANTOR for and in comideradon of the sum of Onc Dollar and other consideation, receipt of which is hcc by acknowiedgcd, doe, hereby grant, bargain, sell, aLen, remise, releast, convey, and confirm unto the GRANTEE an easerumv for UTILITY PURPOSES on, over, across, and beneath the following described land, skuare in Tndian River County, Flo ida, to wit: E)=IT "A" ATTACHED HERETO AND MADE APART HEREOF And GRANTOR her eby covenants with said GRANTEE that it is lawfuLy seized of said servient land in fee simple, and mat it has good right and lawful 2mEority to coavey rhe easecmnt cseabiished 'hereby and will defead the same ages nst the lawful claims of all persons wlaontsoever. IN WITNESS VHEREOF, the GRANTOR has herein set its hand and seal the day and year stir above wnntll. Signed sealed, and de ertd in the presence of: _ . g! sign �L T3u A KLmas '+X%rmess painted . r= $sa ` printed name: sign 71 Z Q Cecelia A KLn= -Wrnness painted n�me: sign primed auner (✓`' y' � �' Y� � t STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was sworn to and subscribed before me this Say of 2DD4 by akPaY A K AA-S and CECELIA A- KLaAAS � HL)SBAiND AND SFE, ' o am persoa ovrs to me or produced as identiFicatio� CotnmissionEapirationI ate sign Stamped Ski Nptaiy rWy L c `F.+'�y_y.Y,: mm=cm� op rFA692 a <7' r LOwter 22, 3467 ���'.1�. �Lll{V rzO[fW eCiR.W.E NC Signed, scaled, and delivered in the presence of: sign 4 Alber. J. Klirnas Witnes printed naar[n - reCl l )i t�c&�t� sign I n l iM Y�iC �iMG^ W ess printed name: m 7�J hJiT/ r� r. sign - in S printed n=K ii 1 1c Sib `.q L..�r{vi?L �tl W e$C pruued naine: JL / r✓ 1 t 71J STATE OF TE Mq _ COUNTY OF I 1 KUNI t2DON, by The foregoutg instrument oras sworn to and subscribed before me this�_ y onaL known ALBERT J. S STEPHANIE P. KLIMAS , =BAND AND who arc P� Y to me or produced T air n az identification. Commission Eipiration Daze sign Notary l'ublic Stamped Scal =° =L tET. DUFF ,�� �� POTAAY Pi1$LfC , ; a S1 r1TE OF TEXAS 3s� U, sorer. 1J� o ; ens SOUCbcol[ 1 /1 of th0 hor(hs< 0t 1M o: Stctlor. 3 , 55 Eaet , Sndiar, ALe[_ Coll Floride . all e: cLa4 Pa ie tMroDx ly Ly 0. 5 . NigLvay Ho . ] , on0 < lrc "st > nre t ]eM: fry^t Sru� on CM Luc aide at rev U .S . Mlghway NO . 1 nrd ext crW LrlS _ aspen or 2 :{ .. 0 Leet . c f.cer ;n vide ¢1w.9 efe Soue.`. ind or cardo '. J . di reelsnp1 .gceee to tlot part aL aald SJ,¢ h ! :✓o'^f Lr Sor ; F. . . . . , ....... . _ _ . CLc ]:nrtn�ty : :r1 lY=rr Paec cL en : C ]a0 . : ' P'rccl . Z; n OF PXT' IS A v ti U D C5 N O - 7500 Korth U . S . 1 <` P. O . Sox 6508 Vero Beach , Florida 32961 - (561 ) 778 -OD39 �. April 30 , 20M t Ns . Stephrin Doyle � t Asst - utility Director 1 Indian River County 1 !' _ 1840 25th Street if Vero Beach , P1 32960 T� = Ses.2r Svste:a to serve t.He Polish P�rjx a Social. Club . Lia:. mx . Doyle , Cn DeoeT'J 12 , 2002 a rree'tin5 wras held with - you in the office of Muller Somas at 7400 Borth U . S- 1 . Presmt at the uEetinq were 1p llian YcCain Project Engineer , fa-rr3, mule" Devel.o er, representatives of ttP- Polish A- r_rican Club Dan jza7coyski President, Janes Lupardo and 'Harry 3aimas , who also is the ovanes of Oak Island Phase 111 - At that meting discussed ani proposed was a County ea Sys that mould Serve the prop=-Lies on the East side of U. S . 1 to the lift station at 73rd Street - Tentative carpletion JaY-, 2003 Based upon the proposes'. Sem. System and the Polish Americans clubs desire to upgrade its septic system , Their Board Cf Directors and voted Nsbership to tie into the S°w�r Systan waen it became mailable . ? o Bate w� have ;rot heard anythirn; of the Proposed seer Proje t what s the status of it are when can we look fo_-� to tying i-rto it . Our reason for oxes rcn DOF : is though our au'rent septic �•stt-�n has been aeet x,q our rNee s �. are anxious lest it fail us at an 'rJopportue t3m- Ani this q you can do to expedite the matter will ba greatly app eciat�l . very fol , mss' .IIan ga7ccxoski P ident fi- Muller H . ;:limas - I p - i4Lj t : r �5tnnu' td P Y :r L ` � ' op the acc t atp t} ei tncdc tg r * .1 r � a��sY � os n _ � entiYti xe: tit. i^ �a��can / Warden JULY 21 , 2006 Construction Na BILL MCCAIN, P.E. Lc.# CU-C057427 MCCAIN & ASSOCIATES 1171 19THSTREET VERO BEACH, FL 32961 SUBJECT: OAK ISLAND PER YOUR REQUEST OUR ITEMIZED ACCOUNTING OF THE COSTS WHICH WERE INCURRED BY OUR FORCES DUE TO THE CHANGE IN ALIGNMENT OF THE OFFSITE GRAVITY SEWER. AS YOU ARE AWARE, THIS ALIGNMENT CHANGE PLACED THE NEW GRAVITY SEWER WITHIN ONE TO TWO FEET FROM THE EXISTING POWER TRANSMISSION POLE AND ALSO CLOSER TO THE EXISTING 16" WATER TRANSMISSION MAIN. 27 HOURS WELLPOINT SYSTEM @ 95 .00 2565 . 00 27 HOURS TRACK EXCAVATOR W/OPERATOR @ 95 .00 2565 . 00 27 HOURS 3 YARD LOADER W/OPERATOR @ 90.00 2430.00 27 HOURS 5 TON VIBRATORY ROLLER W/OPERATOR @ 75 . 00 2025 .00 3 DAYS 2 TRUCKS WITH HAND TOOLS @75 .00 EACH 450.00 3 DAYS SUPERVISION @ 276. 00 828. 00 54 HOURS SKILLED LABOR @ 28. 00 1512 .00 54 HOURS LABOR @ 21 .00 1134.00 COST FROM FPL FOR SUPPORT OF UTILITY POLE SEE ATTACHED CHECK 4625 .00 TOTAL 177684.00 OR 17, 500. 00 SHOULD FURTHER INFORMATION BR REQUIRED, PLEASE DO NOT HESITATE TO CONTACT OUR OFFICE. RESPECTFULLY SUBMITTED, 'ARD CONSTRUCTION JO HUY PRESIDENT Jobear / Warden • 1950 Danr Drive • Palm Bay, FL 32905 • Ofc : (321 ) 723 -3571 • Fax : (321 ) 728-5619 AUG - 15 - 2006 02 : 57 PM P . 01 Attachment I - Release of Liens CONTRACTOR' S FINAL AFFIDAVIT STATE OF FLORIDA COUNTY OF BREVARD BEFORE ME, THE UNDERSIGNED AUTHORITY, DULY AUTHORIZED TO ADMINISTER OATHS AND TAKE ACKNOWLEDGMENTS, PERSONALLY APPEARED JOHN K. HUY WHO BEING DULY SWORN, DEPOSES AND SAYS : I . HE IS THE PRESIDENT OF JOBEARIWARDFN CONSTRUCTION HEREIN AFTER REFERRED TO AS CONTRACTOR, 2, AT ALL TIMES MATERIAL HERETO, THE CONTRACTOR HAS BEING DOING BUSINESS IN INDIAN RIVER COUNTY. 3 THIS AFFIDAVIT IS MADE PURSUANT TO SECTION 71306 (3xd)(I), FLORIDA STATUTES, FOR THE PURPOSE OF OBTAINING FULL AND FINAL PAYMENT TO THE CONTRACTOR FOR WORK DONE AND MATERIALS SUPPLIED ON REAL PROPERTY DESCRIBED AS : OAK ISLAND 4, THAT ALL LIENORS ENGAGED BY THE CONTRACTOR TO PERFORM OR PROVIDE LABOR,. SERVICES, AND/OR MATERIALS UNDER THE CONTRACT BETWEEN TIDE CONTRACTOR AND THE OWNER OF THE ABOVE DESCRIBED PROPERTY HAVE BEEN PAID IN FULL, EXCEPT AS FOLLOWS : 0 FIANT SWORN TO AND SUBSCRIBED BEFORE ME BY WHO IS PERSONALLY KNOWN TO ME AND DID NOT TAKE AN OATH THIS 2 DAY OF AUGUST 2006 SIGNATURE OF NOTARY kz eDNe PATTEN shr N NO Mi! W41 Z, 2088 s p�918 s ,r.y APPLICATION AND CERTIFICATE FOR PAYMENTAIA DIiiOCUMENT G �02 ( In.slrt,t'linl oil , evc,:,c .sj(It , , ar ; ,, IIN,, Iu: I'O OW NEI( : u�^'r / 4vIII I' NUIIiCI': K S �Q APPLICATION NO . ?&Y�� rihutii .n w: / '0 / L PERIOD 10 ,JL"E"I II ❑ IN III 7yD/�a /��/'mss. � q � SZ? 76 7 PRO, ECI' NOS. : t ❑ AR( :III , Lt :, n / �� ) ��/� ,( ❑ CONII( ACTUIt FROPI CONTRACTOR : �wlt: /P VIA ARCPIITECT✓ //(.E.•/���f rA.T CONTRACT' DATF . ❑ f/q�5S0 �tl-�J2l! 7/ / 9T ❑ CONTRACT "FOR ! ' 2a 911 401 111 The Undersigned Contractor Certifies that H) the best Of the Contractor:s knowledge. infer. CONTRACTOR ' S APPLICATION FOR PAYMENT motion and belief the Work covered by this Application for. Payment has been completed Application is made for payment , as shown below, in connection with the Contract. in accordance with the Contract Documents, that all amounts have been paid by the Continuation Sheet , AIA Document G7U3 . is attached . � Contractor for Work for whine precious Ce rant Lep for Pay shown were issued id and pav. mems received from the Owner, and dot cu creat payment shown herein is now Due. U� I . ORIGINAL CONTRACT SUM . . . . . . . . . . . . . . . . . . s `�-,�, 1 Net change by Change Orders . . . . . . . . . . . . . . 3 Z3 ,XJ Q� CONTRACTOR N 3 . CONTRACT SUM TO DATE ( Linc I m 2 ) . . . . . . . f By : Dam : / '02� �0�0 4 . TOTAL COMPLETED & STORED TO DATE . . . . . . 3 /(n�(o (DS. $ State - (Column G on 0703) County of: 5 . RETAINAGE: Subscribed cad sworn to b fore ,'.n CynONe A Huy a- _% of Completed \Vurk x _�• Inc this C;Z--/ da o �u�r IY (Columns O * E on G703 ) S My CorrrgWllin DDICONO b. _% of Stored Material 3 /J wd FxplrM FrOria" 18, 1007 CID (CUIUnIn F on C7U3 ) 0. Notary Public 7bml Retainage (Linc Sa * 5b or My Commission exp es: F TwIal in Column of G703 ) . . . . . . . . . . . . . . . . . i Cl . TOTAL EARNED LESS RETAINAGE . . . . . . . . . . . , 3 Z6 ca (p (05- '0 (Line d less Linc 5 Total) ARCHITECT ' S CERTIFICATE FOR PAYMENT (1) 7 . LESS PREVIOUS CERTIFICATES FOR PAYMENT �� In accordance with the Contract Documents, based on on-silt observations and the data C+ E ( Line from prior Certificate) . . . . . . . . . . . . . . . . . 3 0( comprising this application , the Architect certifies to the Owner that to the best of die Architect 's knowledge, information and belief the Work has progressed as indicated, the U 8 . CURRENT PAYMENT DUE . . . . . . . . . . . . . . . . E �S yuaII Uf the Work is in accordance with Lilt Contract Documents, and the Contn,cut 9 . BALANCE TO FINISH , INCLUDING RETAINAGEu �63f8• 30 is entitled to payment of the AMOUNT CERTIFIED. Q ( Linc 3 less Line G) E -_041 AMOUNT CERTIFIED . . . . . . . . . . . . . . . . T 3 (Aimee eApla+aiion if anrou)lt certified differs row the 011101I applied f CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS all r ores rill this f w'. /Mint 1 k Application aid on the Catfnuallon Sheer ibN cape c/rm)ged rn lintel c'ea ngc5 appruvcJ in c'urrfurvn lu !bc raHurrul c'criiJ'ierl.) previous monde by Owner ARCHITECT: Total appiot'ed this Alonth By : Date : TOTALS This Certificate is not negotiable. The AMOUNT CERTIFIED is payable unit, to the Coll- by Chane Order tractor wanted herein . Issuance, payment and accepumce of payment :Ire withoul Prejudice to any rights of (tic Owner or Contractor under this CLllllmet . gIg AIA DOCUMENT G702 • APPLICATION AND CEItTIFTATE FOR PAYMENT • 1992 EDITION • AIA* @1992 • THE AMERICAN 1149111 LITE OF ARCHITECTS. 17,15 NEW PORK 4 M'ENI NAC'., V%h111NGION. D.0 2IeIO(, S292 • WARNING: Unlicensed photocopying violates U.S. '°o rl hi laws and will ..��,. lPY 9 subject the violator to legal prosecution. G702-1892 CAUTION : You should use an original AIA document which has this caution printed In red, An original asoures that changes will not be obscured as may occur When documents are reproduced. CONTINUATION SHEET AIA DOCUMENT 6703 PAGE DE PAGES AIA Document G7D2 , APPLICATION AND CERTIFICATION FOR PAYMEN"1', containing APPLICATION NO : REVISED 4 Contractor's signed certification is attached . OAK ISLAND OFFSITE APPLICATION DATE: JUNE 15 2006 In tabulations below, amounts are stated to the ncarest dollar. PERIOD TO : JUNE 15 2006 Use Column I on Contracts where variable retainage for line items may IPPIY. ARCIII'1'ECT'S PROJECT NO : A B C D E P G H E DESCRIPTION OF WORK SCHEDULED WORK COMPLETED MATERIALS TOTAL % DAI.ANCE RHTAINAGF. O VALUE FROMPREVIOUS Tl SPERIOD PRESENTLY COMPLETED (GTC) TO FINISH (IF VARIABLE APPLICATION STORED AND STORED (C - G) RATE) (D + E) (NOTIN TODA-I'E D ORE) (DIET-P) MOBILIZATION - $ 12,995 .00 $ 12,995 .00 $ 12,995 .00 100 .00% $0.00 $ 1 ,299.50 BONDS AND INSURANCE $3 ,000. 00 $3 ,000.00 $3 ,000.00 100 ,00% $0 .00 $300. 00 8" GRAV IIY SEWER $69,420.00 $69,420 .00 $69,420 .00 100 .00% $0.00 $6,942 .00 NIANHOLE (8- 10 FT DEEP) $ 17,580.00 $172580. 00 $ 17,580.00 100,00% $0.00 $ 1 ,758.00 SEWER LATERALS $3,075 .00 $3 ,075 .00 $3 ,075 .00 100.00% $0 .00 $307 . 50 OPEN SAW CUT (ASPHALT) $280.00 $280.00 $280 .00 100 .00% $0.00 $28 .00 ASPHALT PVMI REPLACENIENT $6,110 .00 $6, 110.00 $61110.00 100.00% $0.00 $611 . 00 SURVEY/STAKEOUT/AS-BUIL'1'S $3 ,500.00 $3 ,500.00 $3 ,500.00 100 .00% $0 .00 $350. 00 TENIPORARY TRAFFIC CONTROL $ 1 ,500 .00 $ 1 ,500.00 $ 1 ,500 .00 100.00% $0. 00 $ 150 .00 RESTORATION (SOD) $22,247 .00 $22,247 .00 $22,247. 00 100 , 00% $0.00 $2,224.70 ROW PERMIT $500.00 $500. 00 $500.00 100 .00% $0.00 $50.00 OPEN SAM' CUT (CONCRETE) $ 1 ,680.110 $ 1 ,680 .00 $ 1 ,680.00 100.00% $0.00 $ 168 .00 CONCRETE DR. REPLACENIENT $7,278. 80 $7,278 .80 $7 ,278 , 80 100.00% $0.00 $727 . 88 CHANGE ORDER NO. 1 $ 13,500.00 $ 13 ,500 .00 $ 13 ,500.00 100.00% $0 .00 $ 1 ,350. 00 $0.00 $0.00 GRAND TOTAL $ 162,665 . 80 $162,665 . 80 ° $ 162,665 . 80 $0 .00 $ 16,266. 58 AIAOOCUNIENTG763 CONTINUATION SHEET FOR 762 . 1992EDITION AIA 01992 THE AMERICAN INSTITUTE OF ARGHITEG r5. 1735 NEW YORK AVENUE, N.W., WASHINGTON, PIG. 20666.5232 G703-1992 APPLICATION AND CERTIFICATE FOR PAYMENTAIA DOCUMLNf G702 ( In 1I0CLIOnSOil fevcnt' sit kI I 'At , I; , ink OF �� . / r• � - L1/d' SX//,coWNE /C2V Y , � ' I' I' Llcnl' ' ' N 4 fell lou 10 0❑ stn ,l\ic,nNlnlI!il 'R / PIiOJECI NO'S . . l m I ••••••••������//11 11��1y'� � /q CONT RAC) (-) R FROM CONDI tACTOR : _ yJ %� VIA AIICIIITEC'I AL/ //r ?' , fXA72�s CON "FRAC) DATE : ❑ /����' lUi7 QN�G(' ✓/�7/ /(/� 7FI��/!! J ' �y Li CONTRAC/FFfSR : M 7he undersigned CunlrnctorccOifies dint to the best ofthc Cuntmctur 's knuwlcdgc, inli ,r CONTRACTOR ' S APPLICATION FOR PAYMENT :nation and belief the Work covered by this Application for Payment has been completed rlpplicalion is made for payment , as shown below, In Connection with the Contract , in accordance with the Conlrtet Documents, that all all1UUnts have been paid by the Cuntinu :uiun Sheet , AIA Document G7U3 , is auached . Contractor for Work for which previous Certificates for payment were issued and pay " I . ORIGINAL CONTRACT SUM . . . . . . . . . . . . F / / � CJ'/ latents received front the Owngqer, and ))that current pa)lment shown herein is now one. ' . Net change by Change Orders . . . . / � J CONTRAC'rORJ�A/Le���J 5 . CONTRACT SUM TO DATE ( Line ± ///7- f�X'J�"'� • ( ��_ - L] y ; s _ O., , e . _ _ Z �- •i . TOTAL COMPLETED & STORED TO DATE . . . , . , $ I& C2 66 Stan af: ( Cohunn G on G703J County or RETAINAGE : n , / Subscribed and sworn to b or a . —.".__ 'a, of Co n, plc ted Work x =_ . rX ( L/� . me this � / dad L ( Columns D + Con G7U3 ) 1 AHty b. % of stored Material $ colon Doi 6oi ( CUlun in F on G7U3 ) Notary Public : n ExM ebruli to, 2007 "!oral Retainage ( Line 5a + 5b or Ti-nal in Column I of G703 ) . . . . . . . . . . . . $ _ My Commission expires : (i . TOTAL EARNED Less RETAINAGE ( Line 4 less Line 5 Total ) , . . . . . . . . . . f _ ,. 9g • a � _ ARCHITECT ' S CERTIFICATE FOR PAYMENT 7 . LESS PREVIOUS CERTIFICATES FOR PAYMENTJJ�s In accordance with the Contract Documents, based on on -site observations and the data ( Line (i frnn, prior Certificate) . . . . . . . . . . 3 /L2 . comprising this application , the Architect certifies to the O \eller that to the best OF the rq �� Architect 's knowledge, information and belief the Work has progressed as indicated , the CURRENT PAYMENT DUE . . . . . . . . $ 558 du ;dlty of the AvX/Orli IS in accordance: with the Contract Documents , and the' Contractor 9 . BALANCE TO FIN) SH , INCLUDING RETAINAGE / , a� � AMOUNT CERTIFIED. ( Line 3 less Line 6 � � AMOUNT CERTIFIED of the AMO $— CI Ir\ NEE OItOER SUAI ATARI' (AIIacG espinrrnlZon if an201eW certified differs from Ibe amoristl applied fo) mina / ADDITIONS DEDUCTIONS nil ,figures nil Ibis App( icullon� and On The Cantimialiw, Sheet !brit ore chmiged m final e' hu oyes oppruvcd in e'un(r o m to Ibe nmurrrtl col 11 previous months by Ownr [ _ ARC ) 11 "I ECT: Total 'approv'ed this Month Dale : _ _ TOTALS This Certificate is not negotiable. "I 'lie AMOUNT CERTIFIED is parable onl \' to the Con " NGT (: IiANCE.9 by ChangL Orucr tinc' tnr Manned htneln . Issuance, p:ryn'lem and aeecpntnee of payment :Ire without _ prejudice to any rights of (lie Owner or Contractor under this CunonlCl . AIA DOCUMENT G702 • APPLICA1 ION AND CF. ld IFICnTC FOR PA\' I+IENT 1992 LOTION AIA% © 1992 • THE AMRRICAN INSTITUI"E OF ARCHITECTS, 1715 NEW PORK div A\' ENL' E , N1\". , \e'ASHINCICN. D.C. 2tlnu6.9292 • WARNING: Unlicensed photocopying violates U.S. copyright laws and will xihlecl the violator to legal prosecution.\ rr, G702- 1992 CAUTION : You should use an original AIA document which has this caution printed in red . An original assures that changes will not be obscured as may occur when documents are reproduced . CONTINUATION SHEET IIIA DOCUMENT 0703 d PAGE OF PACES AIA Document 6702, APPLICATION AND CERTIFICATION FOR PAYMENT, containing APPLICATION NO : REVISED 3 Cullumetnt's signed certification Is attached. OAK ISLAND OFFSITE APPLICATION DATE: JUNE 15 2006 In tabulations below, amounts We slated In the Hearts[ dullar. PERIOD TO : JUNE 15 2006 the Column 1 on Contracts where variable retainage for line items may apply . ARCHITECT'S PROJECT NO : VM10BILIZA p C D E F G IT I DESCRIPTION OF WORK SCHEDULED WORK COMPLETED MATL'RIALS TOTAL % BALANCE RETAINAGE VALUE FRONT PREVIOUS THIS PERIOD PRESENTLY COMPLETED (G - C) TO FINISH (IF VARIABLE APPLICATION STORED AND STORED (C - G) RATE) ( D + H) (NOTIN TO DATE D OR E) ( D+E+F) "PION $ 12 ,995 , 00 $ 12,995 .00 $ 12,995 .00 100 .00% $0 .00 $ 1299. 50 ND INSURANCE $3 ,000. 00 $3 ,000.00 $3 ,000.00 100 .00% $0 .00 $300 .00 ITY SEWER $69 ,420.00 $69,420. 00 $69 ,420.00 100.00% $0. 00 $6,942 .00 NIANHOLE (8- 10 F'FDEEP) $ 17 ,580 .00 $ 17 ,580.00 $ 17 ,580.00 100. 00% $0 , 00 $ 1 ,158. 00 SEWER LATERALS $3 ,075 .00 $3 ,075.00 $3 ,075 .00 100.00% $0 .00 $30T50 OPEN SAW CUT (ASPHALT) $280. 00 $280.00 $280.00 100 .00% $0 .00 $28 .00 ASPHALT PVMT REPLACEMENT $6 , 110. 00 $6, 110.00 $6, 110 .00 100 .00% $0 .00 $611 .00 SUKVEY /STAKEOU DAS-BUIL'IS $3 ,500.00 $3 ,500. 00 $3 ,500.00 100 .00% .$0.00 $350.00 TEMPORARY "TRAFFIC CON IROI . $ 1 ,500 .00 $ 1 ,500.00 $ 1 ,500.00 100.00% $0.00 $ 150.00 RESTORATION (SOD) $22 ,247 . 00 $515.00 $21 ,732 .00 $22124T00 100.00% $0.00 $2224 "70 ROW PERMIT $ 500. 00 $ 500.00 $500 .00 100. 00% $0 , 00 $50.00 OPEN SAW CU"I' (CONCRCETE) $ 11680 .00 $ 1 ,680.00 $ 1 ,680 .00 100. 00% $0.00 $ 168 .00 CONCRETE DR. REPLACEMENT $7 ,278 . 80 $7 ,278. 80 $7,278 . 80 100. 00% $0 .00 $727. 88 CHANGE ORDER NO. I $ 13 ,500.00 $ 13 ,500 .00 $ 133500.00 100. 00% $0 .00 $ 1 ,350.00 $0 .00 $0.00 GRAND TO' I AL $ 162,665 . 80 $ 140.933 . 80 $ 21 , 732 . 00 $ 162 ,665 . 80 $0.00 $ I6?66 .58 AIADOCUNIENTG703 CONTINUATION SHECT FOR J702 . 1992EDITION All 01992 THE AMERICAN INS1 ITU HE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W . WASHING TON, D.C. 20006"5232 G703 -1992 APPLICATION A� N—D� CERTIFICATE FOR PAYMENT AiA DOCUMENT G702 ( I I1.S I r ne [ 10 11 a or revere ai ilei IMI L: 1 fN Il 1Ir ooWNr-. u : � A /L2(/ / P • nLliJ1��S gnscT: A't' r ZAt ` T� AI ' I' I . ICA"ZION NO. : aZ CNi� I , nli in /��, y r (suloD 'ro : fI�R1 / .Z S, adl9 �s4srlvDlc PROJECT NOS . : ❑ AliClll 'IF ( :'I FROM CONI RACT01? CI CUNT RACI 'Ult -X/ /! [(��/ y�[/�_�/ VIA AllCHITEC'I': / k[ X///, '?/'1 72'9 CON 'fRAC"I ' UAFG : I, ���� C7 l�l(I{a�-/A�/Z ,I.��UCrry p/V ,� J/�.�� /��J��,,r��.�'�,� �Y ❑ CONTRACT f'CSrf. : x .�.JA' 7. �� ... vS 7Q]J !'C-d � i'Jc/.0—/ JG. ✓I�J� CONTRACTOR ' S APPLICATION FOR PAYMENT 'I Ile undersigned Contr:Iclor cenifies thm to the best of the Cuntraclor ;ahn< Iwlcdgc, infor- ApPlicaunn I5 made for payment , as shown below, in connection with the Contract , in Ili oro Ida 1�el Withief tile d cOGo n��:ere Doeumcld by this �ls ptilcltti011 amotmts hul�eab�en p d byewd Cunnnuatiun Sheet , AIA Document G7U3 , is attached . the Contractor for Wolk for which previous Certificates for Payment were issued and pay . I . ORIGINAL CONTRACT SUNT . . . . . . p � ments received from the Owner, and that Current payment shown herein is now due. . . . . . . . . . . -' . Net change by Change Orders . . . . B / '� � f CONTRACTOR ,,766�A/0.4,0� � i . CON "FHAC:T SUM TO DATE Line ,i . TOTAL COMPLETED & STORED TO DALE . . . . , , 8 7Q 9,j j Ly ( Column G on 6703 ) - state t ., County of: 5 . RETAINAGE : y0933� subscribed and sN01'Ia to dor —7 ul Cunaplc tG \3 ) g / C> // O' ( Culunins D r G On G7U3 ) 1 Inc this day b. _ 96 of stored Material g ( Culunin F on 0703 ) _--_— - C nl Intal Retainage ( Linc 5a + 5b or Noutry Public : yCommisslon Op1808De Total in Column I of C. l03 ) 8 My Commission expires : ^� Expires Februa . . —. rY 18, 2007 -__ TOTAL EARNED Less ReTAINAGE . . . . . . , , , . . g /�� $ ya , Y, ( Line i less Line 5 Tom [) ARCHITECT ' S CERTIFICATE FOR PAYMENT 7 . ( LineLESS PREVIOUS CERTIFICATES FOR PAYMENT" In accordance with the Contract Documents, based on on -site observations and the Uata ti . CURRENT PAYMENT Certificate) ,j� � 5 6 From P � " � � � � � � � � A � _ comprising [ his application , the Architect certifies to rhe Owner that to the best of ( lie DUE . . . . . . . p �- Architect 's knowledge, information and belief the Work has progressed as indicated , the yunlity of the ¢vork is In atc0rdancc wlrh the Conuacr documents, and the coml;lclor 9 . BALANCE r0 FINISH , INCLUDING RETAINAGE is entitled to payment Of the AMOUNT CERTIFIED. ( Line 9 less Line 6) AMOUNT CERTIFIED _ . � _ CtNEORDER SUNSN9ARl' ADDITIONS (Attach ecp/nnglion if nnlounl terrified drff'ers from !be anroeuu applied fo[ Inirinl DEDUCTIONS a/1 /igures nre Ibis Appiicolio n aid an Ole Conlimraho )7 Sbeet lhal are dlanged to ges upProved illPmonths by Owner collfolrn ro the elmoilt culorlied, ) Total 1pploved this Month ARCHI 'fEC1 '; _ B ) __ TOTALS "Ph Ls Cer[ ifi ca re is not Ile Date : _ NEl ' CI-IANIG GS by Cha nge . OrUcr — f,otiable, 'ihe AMOUNT CERTIFIED is Parable Drip to the Con " IGIc U1r named herein . Issuance, p ,Iymenl incl nc'cepP,tnce of p:Iynaent are without prejudice ut :uay rights of die Owner or Contractor under this COnuact . \`1( �l AIA DOCUMENT G702 • APPU01TlON AND CF. Id IFICAIF. FOR PA) NIENT 1992 GDII'ION AIA"' © 1992 • THE AMERICAN IN,S111 LIFE OF ARCIIITECTS, 1715 NEW PORK g .1\' FNt 't, N \('.. \\N$IIIN(;IUN, p.(:. 211uI1L. S n)] WARNING: Unlicensed holaco -- p pying violates U.S. copyright laws and will suLleci the vlolalor to legal prosecfilar. G702 -1992 CAUTION : You should use an original AIA document which has Ihls caullon printed In red . An nseu original 9 res that changes will not be obscured as may occur when documents are reproduced . CONTINUATION SHEET AIA U OC UNrrN,T U703 4 PAGE OF FACES APPLICATION NO : REVISED 2 AIA Document 67021 APPLICATION AND CERPIFICA1'ION FOR PAYMENT, containing APPLICATION DATE: APRIL 25 2006 Contractor's signed certification is attached , OAK ISLAND OFFSITE PERIOD TO : APRIL 25 2006 In tabulations below, amounts are stated to the nearest colla . ARC'HITECT' S PROJECT NO : Use Column 1 on Contracts where variable retainage IRline items may apply. O D G (1 A D E C E DESCRIPTION OF WORK SCHEDULED FRONT PREVIOUS MPLTHIS PERIOD IRH.S NTLY COMPLETED (G / C) TA ERJAIS TOTAL O FINISH (IFEVARIABLE E) JO. STORED ANll STORED (C - G) RATE) At,PLICATI ON (D I- L) (NO'f IN 'IO DATE D OR E) (D+LIP) MOBILIZATION $ 12,995 .00 $3,898.50 $9,096 . 50 $ 12,995 .00 100 .00% $0 .00 $ 1 ,299 . 50 $3,000.00 100 .00% $0 .00 $300.00 BONDS AND EWF.RWCE $3,000.00 $9,000.00 $69420.00 100.00% $0.00 $6,942 .00 8" GRAVITY SEWER $69,420.00 $20,826.00 $48,594 .00 $ 17,580 .00 100 . 00"/" $0.00 $ 1 ,758 .00 MANHOLE (8- 10 FT DEEP) $ 17,580.00 $7,911 .00 $9,669.00 $0.00 $307 . 50 SEWER LATERALS $3 ,075 .00 $615 .00 $2,460.00 $3 ,075 .00 100.00% OPEN SAW CUT (ASPI IAL 1') $280.00 $280 .00 $280 .00 100.00% $0.00 $28 .00 $6, 110 .00 100.00% $0.00 $611 .00 ASPHALT PVNI' P REPLACEMENT $6, 110.00 $3 ,055 .00 $3 ,055 .00 $3 ,500. 00 100 .00% $0.00 $350 .00 SURVEY/STAKEOUT/AS-GUILTS $3,50" .0 $1 ,750.00 $1 ,750.00 TEMPORARY TRAFFIC CON-CRUL $ 1 ,500 .00 $450.00 $ 1 ,050.00 $ 1 ,500,00 10000% $217$02 .00.00 $$50 .00 RESTORATION (SOD) $22,247 .00 $575 .00 ROW PERMIT $500.00 $500.00 $500.00 100 .00% $0 .W $50 .00 OPEN SAW CUT (CONCRETE) $ 1 ,680.00 $ 1 ,680.00 $ 1 ,680 .00 100 .00% $0 .00 $ 168.00 CONCRETE DR. REPLACEMENT $7 ,278. 80 $7,278 . 80 $7 ,278 . 80 100 .0% $0 .00 $727 .88 CHANGEORDER NO. 1 $ 13 ,500.00 $ 13 ,500 .00 $ 13 ,500 .00 100 .00% $0 .00 $ 1 ,350.00 $0.00 $0.00 GRAND 'I OTAL $ 162 ,665 . 80 $43 ,965 . 50 $0.00 $ 140,933 . 80 $21 ,732.00 $ 14 ,093 .38 AIA DOCUMENT G703 CONTINUATION SHEEI FOR 702 1992 EUI I ION AIA 01002 G703-1992 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W., WASHING I ON, D.C. 2000G 5232 PPILICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMErJT c102 ( I n It t r n r dl m 9 l I n tc vc rse sldel Int II, IINI 111I Mli . �� trNEI+ � A /(,k'.�y / L ✓JY9lti Pl + ouscT ` f�f1 ISfi(/� �/// � , � s APPI LICA' IION Nll. / Ri(//$edI llslnnul „ nl 111 PLIHOD I O . LI ( o\ NiI( ;? 7 Puo ECT A���.1)1 � ll , N , l L, h Int I_ Iti1N TRAC. a-O G : I I 'I _ 1 ii i� . ryJY' VIA AHCI- ' ECf �',i .Jj'j CON fltnhl DAT R . I ,/)`����,. C) _c Ll ,rJ12 .c!�' lUr �Y•�.. �r 7/ .� 5i'T �' gTrAcrit � $ / Z __ G7a 1� & e') � ✓'� �7iY / ) NTRACTOR ' S APPLICATION FOR PAYMENT I ' beundencigncdCont l ;1co rtNine.slh, ltothaneslofEli C.Imil: 1c„ rrsIn , ., h: ,I�t . in1kIt motion and belief the Work covered by this Apph( ;ii on for Pavmuml h :a hecn cumplcicd hcn l„ n Is mode for Payment , as shown below, in connection with ( he Contract , In accordance with the Cuntr.tct Documents , th a :dl annumts h :I ,C beCII p;ild Is the Ilnualiun Sheet , AIA Document G703 , Is attached . ConH'2cu r fur Wo1' 1t far which previous Cel' llfieme5 for I'ayII nt t�•tre Issued ,md pac ) RIGINAL CONTRACT SUNT . . . . . . . . . . . . . . . . d l `1 .57 mcnLs received front ( lie Ow teOw neer, Anil diol curtest psty mrcnl shown licnin hesvnherin is nrnv dor lel change by Chanye Orders . . . . . . . . Y< CONTRACTOR--�?e”-,�/",,`//.// : ONTRACT SUM TO DATE ( Line 1 + 2 ) . . . . . . . . & � `//II YJ .� t; y : ��J l z / - 0_� OTAL COMPLETED 5 STORED TO DATE . . . . . . g LL1 o .. O state oIT� �nlumn G on G703 ) , P Pl Cynthia A Huy ; ETFlINAGE Subticribed and sworn to be re My Commission DD1000DG t D Co m plc u: J Work one this �' dal, u� 7 aha ,E�Eira4 February lB, 4007 ( Culumns D S Con G703) D� l/ (� _ 96 0l Stored Rlale riot ( COILMln F on C703 ) Notary Pub i olal Retainage ( Linc Ill + 56 ut Total in Column I of G703 ) . . . . . . . . . . . & My Commission xpit it OTAL EARNED LESS RETAINAGE ARCHITE, CT ' S CERTIFICATE FOR PAYMENT h - Ine less Line 5 Total ) ESS PHEVIOUS CERTIFICATES FOR PAYMENT /1 00 In accordance with the Contract Documents , base ) on omsitt ob.9crv:IHOnS incl the dojo . int 0 from prior Certificate) . . . . . . . . . . . . . M 5! 5 comprising this application , the Architect certifies to the Owner thnl to the bent of 111- Architect 's knowlcdge, information and belief the Work has prokressed ae indicated , the URRENT PAYMENT DUE . . . . . . . . . . . . . . SO QQ- quality of the Work is in nri accordance will' lk Conlct DUCUmcnls, aHtl IhC' CrtnlydClur ALANCE TO FINISH , INCLUDING RETAINAGE --L34 is entitled to payment of [ lie AMOUNT CERTIFIED. . inc 3 less Line 6) E __ - AMOUNT CERTIFIED . . . _ . . T _ (AIInch evIi Ianal i u if al) GIrnl certified chffelts from Ibr dnrnunl rips licd /pr. IIII, ,Lll ANCE ORDER SUA4MAR1' ADDITIONS DEDll C9 ' ONS nil l ores nn Ibis Applicalinrl and wr the cwrlinllaNal ,Steel thol are cbnnpr,d In al changes appruved Irl c'urr/olm /u Me amouul rerliliecl, ) ' . c10t6 1110mlls by Owner ARCHI 'fHGI 'I al approved this Mount p} y Date _ l 'Ci)r L1 This Certificate IS not negotiable. The AMOUNT CERTI FIEF) is f ( , I IANCGS by Chanhc ONcr payable only to Ihc' Cnn . tmunf named herein . Its uanee, payment :In (l , , IIPuler nl Ir.Irmenl :tre r, ilhnul prciuJieu w :uiv rir;h is of Ihc Owner nr Gunl rdnnr under this t} Inlract . AIA UUCUh1ENT G702 N APPLILAHON AND URI' HICATF FOR PMMENT • 1992 Ellll' IOIv AIA'a © I r2 • 7 ACENt 'E . NV'. , ts 'ASH1NC, lUN . UC ?unu6. s „ , 91 IIF. nm andN IN.SI'ubject OF ARCHITECTS, gal NEsv PORI( 1 WARNING : UnlicenseJ photo vlolules U. S, copyright Inws and will Subject the violator In legal pmseculion , c7oz - Igen ION : You should use an original AIA document which has this caution pl'Inted in red . An original assures that changes will not be obscured as may occur when documents are reproduced , CONTINUATION . SHEET AM D0cvNlENTc703 L PAGE OF PAGLS APPLICATIONNO : 1 REVISED AIA Document 6702 , APPLICATION AND CER'lIP)CATION FOR PAYMENT', cmttaining APPLICATION DATE: JUNE 15 ,2006 Contractor's signed certification is attached. OAKISLAND OF. NSITE PERIOD TO : JUNE 15 , 2006 In tabulations below , amounts are stated to Ole nearest dollar. ARCHITECT"S PROJECT NO : Use Column I on Contracts where variable retainage for line items InaY aPPIY. C D E A 13 r OBALANCE g DCSCRIPI'ION OF WORK SCHEDULED WORK COMPLETHD MATERIALS TOTAL TO FINISH (IIF VARIABLE O VALUE FRONT PREVIOUS T}IIS PERIOD PRESENTLY STORED ANDSTORED (G — C) (C - G) RATE) APPLICATION (D + E) (NOTIN TO DATE, D OR E) (D+E+P) $0 .00 $0.00 8" PVC GRAVITY SEWER $9,620.00 $9,620.00 $9620.00 100 .00% $0.00 $962.00 SANITARY MANHOLE $4,395 .00 $4 ,395 .00 $4,395 .00 100 .0000 $0.00 $439 .50 $0 .00 $0. 00 ($515.00) ($515 . 00) $ 515 .00 ($11 ,)) 1 $0.00 $0 .00 $0.00 $0.00 $0 .00 $0. 00 $0 .00 $0.00 $0.00 $0.00 $0.00 $0 .00 $0 .00 $0 .00 $0 .00 $0. 00 GRANDTOTAL $ 14 ,015 . 00 $ 13 ,500. 00 $0 .00 $ 13 ,500 .00 $ 515.00 $ 1 ,350.00 AIA DOCUMENT G7U3 CONTINUATION SHEET FOR 1702 1992 EDITION AIO 1992 1 G703-1992 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5232 Western Surety Company Attachment K - Performance Bond PAYMENT BOND #929 376 531 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Jobear /Warden Construction Western Surety Company 1950 Danr Drive P . 0 . Box 946640 Palm Bay , F1 32905 Maitland , F1 32794 OWNER (Name and Address) : Harry A . Klimas 7412 US # 1 Vero Beach , F1 32967 CONSTRUCTION CONTRACT Date: Amount: $ 14 91165 . 80 Description (Name and Location): Oak Island Offsite - 1 , 335 LF of 8 Inch Gravity Sanitary Sewer from 73rd Street to the Polish American Club in Indian River County BOND Date (Not earlier than Construction Contract Date): Amount: $ 149 , 165 . 80 Modifications to this Bond: None See See other side I CONTRACTOR AS PRINCIPAL SURETY Company:, (Corporate Seao Comp ®Resident (Corpora _ - Jo6Qar/9ard Construction Westm ny - olgnate _ - ----- - - _.._...- -------._ Signat ff - Name and 781e: . ' Name Jamettorney In Fact and FlorAgent (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other parry): Huckleberry , Sibley 6 Harvey 1020 N . Orlando Ave . , Suite 200 Maitland , F1 32751 Printed in cooperation with the American Institute of Architects (AIA) by the CNA Insurance Companies. The language in this document conforms exactly to the language used in AIA Document A312 - Payment Bond - December 1966 Edrdon . G-1080966 1 The Contractor and the Surety , jointly and severally, bind themselves , their heirs, executors , administrators successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference . 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2 . 1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends , indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity wrose claim , demand , lien or suit is fur the payment for labor, materials or equipment furnished for use in the performance of the Construction Contrail, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims , demands, liens or suits and tendered defense of such claims , demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void it the Contractor promptly makes payment, directly or indirectly, for all sums due- 4 The surety shall have no obiigatlon to Claimants under this bond until. 4. 1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 21 and sent a copy, or notice thereof, to the Owner, stating that a clam is being made under this Bond and, with substantial accuracy, the amount of the claim . 42 aorr nts who do not have a direct contract with the Contractor . 1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and 2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Pargraph 12) and seat a copy , or notice thereof, to the Owner, stating the: a claim is being made under this Bond and enclosing a copy of the previous written nol ,ce furnished to tree Contracfor. 5 If a notice required by paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient comp:iance_ 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed . 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond , and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claire it any, under any Construction Performance Bond . By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owners priority to use the funds for the completion of the work. 9 The Surety shah:' not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contact. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change , including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other oblications- 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1 ) on which the Claimant cave the notice required by Subparagraph 4 . 1 or Clause 4.23, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1 ) or (2) first occurs . If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown an the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed , any provision in this Bond conflicting with said statutory or legal requirement shay. be deemed deleted herefrom and provisions conforming to such: statutory or other legal requirement shall be deemed incorporated herein . The intent is that this Bond shall be construed as a statrtory bond and not as a common law bond . 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond , the Contractor shal: promptly furnish a copy Of this Bond or shall permit a copy to be made . 15 DEFINITIONS 15. 1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of the Bond shall be to include without limitation in pre terms "labor, materials or equipment" that par, of water, gas power, light, heat. oil , gasoline, teephone service or rental equipment used in the Construction Contac!, architectural and engineering services required for performance of the work o` the Contractor and the Contractors subcontractors, and all other items for which a mechanics lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract The agreement between the Owner and the Contractor identified on the signature page , including an Contract Documents and changes thereto. 15. 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. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS : Western Surety Company PON'�'ER OF ATTORNEY APPOINTING INDNIDtiAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal ofrat in the City of Sioua Far Is . and State ofSouth Dakota, and that it docs by virtu' of the signature and seal herein affixed hereby MJ c ;onsil tutt and appoint James H Breen , Benjamin Craig Sibley, Barbara Vaccaro, Individually - _ : � ci !+-.d, FL its aue and lavvt- . ?, n rl-io-Fou -tri fe ! i ocv. and amhcr ;; hcreoyecrferred to Sian, seal and ese^_uto for and on its bohzlf tends, jnCrukmas and other ehltguorf inswmenu of a; =Z1 - In Unlimited Amounts - ard s: bind it thereby as tali; and to the same extent as f such instnni were s'an'd by a duly authorized orTmer of The cerpuration and all [he acs of said Ancrn!y, pursuant to the aut]7onty hereby Given , are hereby ratified and con5rmed. %rix 'ower of Attorney is made and executed n rscem to and by authority of the By-Lain panted on the reverse hereof, duly adoptee, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY CONTANY has caused These presents to be snood by no Executive Vice Presicen, and its corporate seal to be hereto affixed on this :[h day of October, 2001 . S cEiy WESTERN SURETY COMPANY -a.: OP,PD4Sj S S 4DnKDle Stephen T. Pare, Ececutive Vice President State of South Dakota l County of Mir nehana 1 $s On this 5th day of October, 2001 , before me personally cane Stephen T. Pate, to me aiw e, being by me duly sworn, did depose and say: that he resides in Lie City of Sioux Falls, State of Sou:n Da:xo[a, that he is the Executive bice President of WESTERN SURETY COMTANY described in and which execdtev :he above ins.nmeri that he knows the seal of said corporzdori; that the seal at?:xec to the said iaetmment is such corporate sea'; that it was so fixed pursuant to acthority pvon by ibe Board of Directors of sac corporation and That he sir— ed his name thereto pursuant to Ilse ao[honry, and acknewiedees same to be the act and deed ofsaid ce"Pon Tian. :omntisswn exn're, +�w+ •.www. 4 Vetobtlr °'. ?COi r NOTARI" PUBUC s /� r amt SOUTH OAA SEAL ss . ly Cvamia - .m I0.L" LVCS I. M1;cnr. Norary Public CERTIFICATE i i keison. Asnsun: Stcvctt; of WESTERN SLRETY COMPAVY do hmbb Germy Lnat the Power Of ARcmey hereinabovc set ;cru 's si ;i i- r'erce, and £umbo.- certiiv that the By-law Of ;.he corpo2ion Printed on The reverse nereof is soli in forcein eesamony whemcf I have ha urto subscribed mvrame and affixed &x seal ofthe said ccrpora:ion [his day of °°p�r. o= WESTERN SURETY COb?YANY i S i �NIV� �� .'Onn F_]sG_+' , L Kelson, As5:st:1Sc_¢pr. Western Surety Company PERFORMANCE BOND $ 929 376 531 Any singular reference to Contractor,. Surety , Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address) SURETY (Name and Pnnc pal Place of Business): Jobear / Warden Construction Western Surety Company 1930 Dann Drive P . 0 . nor, 996640 Pain, Bay , F1 32905 Maitland , F1 32799 OWNER (Name and Address) ---- - -larry A . Ellmas 912 US g _ Vero Beach , F1 32967 CONSTRUCTION CONTRACT - - Date: Amount: $ " 49 , ]. 65 . 80 Description (Name and Location) : Oar 7slanci Offsite - 1 , 335 I, F of a Inch GN avi -_ y San_ tary Sewer from 73rd Street to the Polish American Club in Indian River County - BOND Date (Not earlier than Construction Contract Date) : Amount: $ 149 , 165 . 8C Modifications to this Bond : R None See other side COdT RACT AS PW1JCJ PAL SURETY - S'arnna'1y"` (Corporate Seal) Compa (CorporateSeal) - J r , ` + arre ^ Cer. s/irvcti�oa West _ n Sur , pa _ v - S g-natu .- f�C/ f Signa _ - Name and Ti ,'e. Name and Tn ames fl . Breen , Atty In I Fact & F1 Resident AgentL (FOR INFORMATION ONLY Name , Address and Telephone) - - AGENT or BROKER : OWNER 'S REPRESENTATIVE (Architect, Engineer or other party): Huckleberry , Siblev & . .� arvey 1x20 N _ Orlando Ave . , Suite 200 maitland , F1 32 , 5i Printed in cooperation with the American Institute of Archrtec',s (AIA) by the CNA Insurance Companies. The language in this document conforms exactly to the language used in AIA Document A312 - Perfonnan ae Bond - December 1984 edition . G-108039-C I The Contractor and the Surety, jointly and severallybind themselves , their heirs, executors, administrators , successors and assigns to the Owner - . for the performance of the Construction Contract, which is incorporated herein by reference . 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligatlor, under this Bond , except to panuthpale in conferences as provided in Subparagraph 3. 1 . 3 If there is no Owner Default , the Surety's obligation under this Bond shall arise after. 3A The Owner has notified the Contractor and the Surety a: its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not, waive the Owner's right, if any, subsequently to declare a Contractor Default, and 3 . 2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3 . 1 ; and 3.3 The Owner has agreed to pay the Balance of the Contract. Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected ze perform the Construction Contract in accordance with the terms of the contract with the Owner. _ 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the f0owing actions 4. 1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4. 2 Underrate to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract; arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence , to be secured with performance and payment bords executed by a qualified surety equivalent to the bonds issued on the Construction Contrad, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete , arrange for completion , or obtain a new contractor and with reasonable promptness under the circumstances: . 1 After investigation , determine the amount for which I' may be liable to the Owner and, as soon as practicable after the amount is determined , tender payment thereforto the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond , and the Owner shall be entified to enforce any remedy available to 'he Owner. If the Surety proceeds as provided in Subparagraph 4.4, and 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 and remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract; and if the Surety elects to act under Subparagraph 4. 1 , 4 .2, or 4.3 above, thenn 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 gran those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages of the Construction Contract, the Surety is obligated without dulicatton for: 6 . 1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional fecal. design professional and delay costs resulting from. the Contractors Default, and resulting from the actions or failure to act of the Surety unser Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. E The Surety hereby waives notice of any change., including charges of time, to the Construetior Contract or to related subcontracts , purchase orders and other obligations. S Any proceeding, legal or equitable , under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located anc shall be instituted within two years after Contractor Default or within two years after the Ccmractor ceased working or w1hir two years after tire Surety refuses or fails to perform its obligations uncer this Bond , whichever occurs first. If the provisions of this Paragraph are void or prohibiter by law, the minimum period of limitation available to sureties as a defense In the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. N When this Bond has been furnished to comply with a statutory or other ill requirement in the location where the construction was to be performed , any provision in this Bone conflicting with said statutory or lecal requirement shall be deemed deleted nerefrcm and provisions conformni; to such statutory or other legal requirement shall be deemed incorporated herein. The intent is Ghat this Bend shall be construed as a statutory bond and not as a common law bond 12 DEFINITIONS 121 Balance of the Contact Price: The total amount Payable by the Owner to the Contractor under the Construdtio9 contract after al' proper adjustments have been made , including allowance to the Contractor or any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled , reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12. 2 Construction Contract: The agreement between the Owner and the Contactor identified on the signature page, inciuding all Contract Document=_ and changes thereto . 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived , to perform or otherwise to comply with the terms of the Construction Contract. 12.4 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. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS : (Space is provided below for additional signatures or added parties, other than those appearing on the cover page .)