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* * 1531969 PERFORMANCE BOND THIS DOCUMENT HAS BEEN RECORDED The American Institute of Architects , IN THE PUBLIC RECORDS OF * * * INDIAN RIVER COUNTY FL AIA Document No . A312 ( December, 1984 Edition ) * * BK : 1715 PGA 750 , Pagel Of 6 Any singular reference to Contractor, Surety , Owner or other 04/1212004 at 11 '44 AM party shall be considered plural where applicable . CONTRACTOR ( Name and Address ) : OWNER ( Name and Address): Undereground Utilities , Inc . JEFFREY K BARTON, CLERK OF Indian River County Board of County Conunissione 390 - 21st. Street, S .E . 2625 - 19th Avenue Vero Beach, FL 32962 Vero Beach, FL 32960 CONSTRUCTION CONTRACT SURETY ( Name and Principal Place of Business) : Date : Old Republic Surety Company P. O. Box 4668 Amount: $27, 060 . 00 Winter Park, FL 32793 -4668 Description ( Name and Location ) : Indian River County Bid #6051 : Van Bergen & Hendry 's Water Assessment Bond # OCN540927 Date ( Not earlier than Construction Contract Date ) : April 8 , 2004 Amount: $ 33 , 825 . 00 Modifications to this Bond : X None ❑ See Page 2 CONTRACTOR AS PRINCIPAL SURETY Company : l S t Co • � • ' ( rporae ea ) Company : ' y "; (-Cofpordte $eal ) Underground,VtiIittes Jnc , Old Republic Surety Company Signature : " Signature : rgc ` • ggg Name and T16& G 'I. Trerich, President Name and e : James E . Dickmeyer, Attorney=InLOOF t (Any addition*'sJgnattires aOpear on page 2 . ) (FOR INFORMATION Only- Name , Address and Telephone) OWNER 'S REPRESENTATIVE (Architect, Engineer or other AGENT or BROKER : The DickmeyerAgency party ) : 607 St. Lucie Crescent, Stuart. FL 34994 1 The Contractor and the Surety , jointly and severally , bind them - 3. 3 The Owner has agreed to pay the Balance of the Contract Price selves, their heirs , executors , administrators , successors and assigns to the Surety in accordance with the terms of the Construction to the Owner for the performance of the Construction Contract , which Contract or to a contractor selected to perform the Construction is incorporated herein by reference . Contract in accordance with the terms of the contract with the 2 If the _ Contractor performs the Construction Contract , the Surety and Owner. the Contractor shall have no obligation under this Bond , except to par- ticipate in conferences as provided in Subparagraph 3 . 1 . 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 3 If there is no Owner Default/ the Surety 's obligation under this Bond following actions : shall arise after : 3 . 1 The Owner has notified the Contractor and the Surety at its 4 . 1 Arrange for the Contractor with consent of the Owner , to address described in Paragraph 10 below that the Owner is con - perform and complete the Construction Contract ; or sidering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Undertake to perform and complete the Construction Contract its Surety to be held not later than fifteen days after receipt of such itself, through its agents or through independent contractors ; or notice to discuss methods of performing the Construction Contract . 4.3 Obtain bids or negotiated proposals from qualified contractors If the Owner, the Colitractor and the Surety agree , the Contractor acceptable to the Owner for a contract for performance and com - shall be allowed a reasonable time to perform the Construction Con- pletion of the Construction Contract, arrange for a contract to be tract, but such an agreement shall not waive the Owner's right, if prepared for execution by the Owner and the contractor selected any , subsequentlyt© declare a Contractor Default; and with the Owner's concurrence , to be secured with performance 3 . 2 The Owner has-declared a Contractor Default and formally and payment bonds executed by a qualified surety equivalent to terminated the Contractor's right to complete the contract. Such the bonds issued on the Construction Contract, and pay to the Contractor Default shall not be declared earlier than twenty days Owner the amount of damages as described in Paragraph 6 in after the Contractor and Surety have received notice as provided excess of the Balance of the Contract Price incurred by the Owner in Subparagraph 3 . 1 ; and resulting from the Contractor's default; or ORSC 22119 ( 10-93) Pagel of 2