EXHIBIT_F_Performance_and_Payment_Templates.pdf

PERFORMANCE BOND

BOND NO.________________

KNOW ALL MEN BY THESE PRESENTS: That _____________________________________ _____________________________________, as Principal, whose principal business address is ______________________________________________________________________________ and phone number is ___________________________________________, and ____________________________________________________, as Surety, whose principal address is_____________________________________________________________________ and phone number is: _______________________________________________________ are held and firmly bound to Lee County Port Authority (the "AUTHORITY"), as Obligee in the sum of:_______________________________________________________________________

($_______________________) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally.

WHEREAS, Principal has entered into a contract dated as of the _______ day of ________________, 20____, with Obligee for _________________________________________ _________________________________________________LEE COUNTY PORT AUTHORITY Project No.:____________ in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract.

THE CONDITION OF THIS BOND is that if Principal:

1. Performs the Contract at the times and in the manner prescribed in the Contract; and

2. Pays Obligee any and all losses, damages, costs and attorneys' fees, including appellate proceedings, that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and

3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force.

Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's obligation under this Bond.

The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications.

This bond is intended to comply with provisions of Section 255.05, Florida Statutes, and all terms and conditions of said statute are incorporated herein by reference thereto, specifically including but not limited to the notice and time limitation provisions of said section. In the event of any conflict, ambiguity or discrepancy between Section 255.05, Florida Statutes, and this Bond, Florida Statutes shall control. No right of action shall accrue on this Bond to or, for the use of any person or entity other than the AUTHORITY and those persons or corporations provided for by said statute, their heirs, executors, administrators, successors or assigns.

It is further agreed and understood that if the AUTHORITY is required to initiate legal proceedings to recover on this Bond, the AUTHORITY may also recover its costs relating there to, including a reasonable amount for its attorney’s fees and legal assistant’s fees before trial, at trial, on appeal and in bankruptcy.

IN WITNESS WHEREOF, the above parties have executed this instrument this _____ day of ___________________,20____, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

Signed, sealed, and delivered in the presence of:

PRINCIPAL: _________________________________________________________________

(Company Name of Contractor)

By:_________________________________________(Officers Signature)

____________________________________________ (Officers Name Printed)

Witnesses as to Principal Name:_______________________________ (Signature)

Its:_______________________________ (Title)

STATE OF ______________________________

COUNTY OF ____________________________

The foregoing instrument was acknowledged before me this ________day of _______________, 20 ______, by _________________________________________________(officer’s name), as __________________________ (title) of _____________________________________________ (company name), a(n)____________ (state) corporation, on behalf of the corporation. He/she is personally known to me OR has produced _______________________ as identification and did (did not) take an oath.

My Commission Expires: _____________________________

Signature of Notary :__________________________________ (Legibly Printed) __________________________________

(AFFIX OFFICIAL SEAL) Notary Public, State of__________

Commission No. ____________________

ATTEST: SURETY:

(Printed Company Name)

(Business Address)

(Surety Authorized Signature) (Printed Name)

Witness as to Surety ______________________________(Signature) ___________________________ (Printed Name)

OR

As Attorney in Fact (Signature) (Printed Name)

(Attach Power of Attorney)

Witnessed by: _____________________________ ______________________ (Signature) (Printed Name)

(Business Address) (Telephone Number)

STATE OF ____________

COUNTY OF ___________

The foregoing instrument was acknowledged before me this ______day of _____________, 20____, by______________________________________________________ (officer’s name), as___________________________ (title) of ___________________________________ Surety, on behalf of Surety. He/She is personally known to me OR has produced __________________________________ as identification and who did (did not) take an oath.

My Commission Expires: _____________________________

Signature of Notary :__________________________________ (Legibly Printed) __________________________________

(AFFIX OFFICIAL SEAL) Notary Public, State of__________

Commission No. ____________________

PUBLIC PAYMENT BOND

BOND No. _______________________

KNOW ALL MEN BY THESE PRESENTS: That_____________________________________

_____________________________________, as Principal, whose principal business address is:

______________________________________________________________________________and phone number and fax numbers are: ____________________________________________ and ____________________________________________________________, as Surety, whose principal address is:____________________________________________________________ and phone number and fax numbers are: ______________________________________ are held and firmly bound to The LEE COUNTY PORT AUTHORITY (the "Authority") as Obligee in the sum of____________________________________________________________________________

________________________________________________________ ($___________________) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally.

WHEREAS, Principal has entered into a contract dated as of the ____ day of _________, 20___, with Obligee for __________________________________________________________ in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and this referred to as the Contract.

THE CONDITION OF THIS BOND is that if Principal promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then is bond is void; otherwise it remains in full force.

Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's obligation under this Bond.

The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants.

IN WITNESS WHEREOF, the above parties have executed this instrument this _____ day of _____________, 20___, the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body.

Signed, sealed, and delivered in the presence of:

PRINCIPAL: ___________________________________________________________

(Company Name of Contractor)

By:_______________________________________ (Officer’s Signature) _______________________________________ (Officer’s Name Printed)

Witnesses as to Principal Name:_____________________________ (Signature) Its: _____________________________ (Title)

STATE OF ________________

COUNTY OF _______________

The foregoing instrument was acknowledged before me this ___day of ______________, 20_____, by_______________________________________________ (officer’s name), as

_________________________________ (title) of __________________________________, a

____________corporation, on behalf of the corporation. He/she is personally known to me OR has produced__________________ as identification and did (did not) take an oath.

My Commission Expires: ______________________________

Signature of Notary: _____________________________________

(Legibly Printed) _____________________________________

(AFFIX OFFICIAL SEAL) Notary Public, State of __________

Commission No.:____________

ATTEST: SURETY:

(Printed Company Name)

(Business Address)

(Surety Authorized Signature) (Printed Name)

Witness as to Surety: ______________________________ (Signature) ______________________________(Printed Name)

OR

As Attorney in Fact (Signature) (Printed Name)

(Attach Power of Attorney)

Witnessed by: __________________________ ______________________________ (Signature) (Printed Name)

(Business Address)

(Telephone Number)

STATE OF ____________

COUNTY OF ___________

The foregoing instrument was acknowledged before me this ____day of _____________, 20 __, by________________________________ (officer’s name), as_______________________ (title) of__________________________________ Surety, on behalf of Surety. He/She is personally known to me OR has produced __________________________________ as identification and who did (did not) take an oath.

My Commission Expires: ____________

Signature of Notary: ____________________________

(Legibly Printed) ____________________________

(AFFIX OFFICIAL SEAL) Notary Public, State of __________

Commission No:__________________