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INDIAN RIVER COUNTY, FLORIDA <br /> MITIGATION REEF PROJECT = SHORELINE SECTORS 1 & 2 <br /> (AMBERSAND BEACH) <br /> Bond # 929309815 <br /> PERFORMANCE BOND <br /> KNOW ALL MEN BY THESE PRESENTS : <br /> That we Wilkinson & Jenkins Construction Company , Inc , as Principal, <br /> and Western Surety CgXqMny , as Surety, are held and firmly bound unto the <br /> County of Indian River in the sum of F`� w Kl l irn 7tno AT&Bd Dollars ($5 ,270,000 .00 ), <br /> amounting to 125% of the total bid price, r payment o said sum we bind ourselves, our <br /> executors, administrators and assigns, jointly and severally, for the faithful performance of a <br /> certain written contract, dated the 20t:h of January 2004, entered into <br /> between the Principal and the County of Indian River, Florida, for: <br /> Indian River County Mitigation Reef Project <br /> Shoreline Sectors 1 & 2 ( Ambersand Beach ) <br /> A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully <br /> copied herein. <br /> NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the <br /> Principal shall in all respects comply with the terms and conditions of said Contract and his <br /> obligations thereunder, including all of the Contract Documents, therein referred to and made a <br /> part thereof, and such alterations as may be made in said Drawings and Specifications as therein <br /> provided for, and shall indemnify and save harmless the County of Indian River against and from <br /> all expenses, damages, injury or conduct, want of care of skill, negligence or default, including <br /> patent infringement on the part of said Principal, his agents or employees, in the execution or <br /> performance of said Contract, including errors in the Drawings furnished by said Principal, and <br /> further, if the Principal shall promptly make payments to all who supply him, with labor and/or <br /> materials, used directly or indirectly by the Principal in the prosecution of the work provided for <br /> in said Contract, then this obligation shall be null and void; otherwise, the Principal and Surety, <br /> jointly and severally, agree to pay the County of Indian River any difference between the sum that <br /> the County of Indian River may be obliged to pay for the completion of said work, by Contract or <br /> otherwise, and any damages, whether direct, indirect, or consequential, which the County of <br /> Indian River may incur as a result of the failure of the said Principal to properly execute all of the <br /> provisions of said Contract. <br /> AND, the said Principal and Surety hereby further bind themselves, their successors, executors, <br /> administrators and assigns, jointly and severally, that they will amply and fully protect the County <br /> of Indian River against, and will pay any and all amounts, damages, costs and judgments which <br /> may be recovered against or which the OWNER may be called upon to pay to any person or <br /> corporation by reason of any damage arising from the performance of the said work, repair or <br /> maintenance thereof, or the manner of doing the same, or his agents or his servants, or the <br /> PERFORMANCE BOND PE- 1 <br /> CMECON <br /> ERMICATI N ON LAST PAGE <br /> JX BARTOK CLERK <br />