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Rand <br />hilta■u%fwd <br />• Sears Tower, Suite 1900, 233 South Wacker, Chicago, IL 606064308 <br />PIIIIVORMANCE GOND <br />KNOW ALL MEN DY THOSE PREUENTih IRewi Monts ors 1112T380Sn <br />That WASTE MANAGEMENT INC. OF FLORIDA, as Principal, and FIREMAN'S FUND INSURANCE <br />COMPANY, os Surety, are held and firmly bound unto INDIAN RIVER COUNTY, FLORIDA, os Obligee, in the sum <br />of Seven Hundred Fifty Thousand and 00/100 Dollars ($750,000.00), for the payment of which sum, well and truly <br />to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, <br />jointly and severally, firmly by these presents. <br />WHEREAS, the Principal hos entered into written contract dated 11/04/1997 with the Obligee for OPERATION OF <br />CLASS I LANDFILL in accordance with the drawings and specification prepared by which contract <br />is by reference made o port hereof and is hereinolter referred to as the contract. <br />NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION 1 such that, if Cent eda shall promptly and faithfully pions said Corked, <br />then this obligation shell be null and void; otherwise it shop remain in full fora ad .ffd. The Suety hereby waives notice of any alteration <br />or ..halon of tine made by the Owner. <br />Whenever Contrador shall be, and declared by Own.►to be in defeat under the Co *od, the Ower hewing performed Owner's abtgetio s <br />thereunder, the Surety may promptly reedy the default, or shall pram Afy - <br />1. Complete the Conked in accordance with lts semis and co n/Mans, or <br />2. Obtain a bid or bids for completing the Centred in oecadonce with Detains and emulsions, and upon d. eminahon by Sway d dw lowed <br />responsible bidder, or, if the Owner elects, upon determination by the Owner and the Suety lardy el the lowest reepauible bidder, arrange <br />fora centred between such bidder and Owner, and make available as Work progrewes (even though them should be o default ora nrco.esion <br />of delauls under the centred or carhads of completion «ranged under this paragraph) sufficient funds to pay the cast of completion lase the <br />balance of the conked price; but not seceding, including other alts and domwgss for which the Suety may be table hereunder, the omowd <br />set forth In the first parogroph hereof. The term 'Wonted the comma pies; as used in this paagroph, shall mean **Idol amount payable <br />by Owner to Contrad« under the Centrad and any amendments thereto, less the amount properly paid by Owner to Contradict. <br />My suit under this bond must be instituted before the expiration d two (2) yeas from the date on which final pelmet* ander the Centrad foils <br />du*. <br />No right d odion shall °corse en this bond to orf« the use of a y person <br />executors, administrates or succeeders of Owner. L <br />Signed, Seated and Doted 11/04/ • 97. <br />Ii'../' <br />Wi ess <br />WASTE MANAGEMENT INC. OF FLORIDA, <br />(Prinapal) <br />WMI and 25029 <br />FIREMAN'S FUND INSURANCE COMPANY, (Surety) <br />By: Ali intic, <br />t rn <br />.VYlakcsP <br />Linda M. Mak ah, Attorney -In -act <br />Peter - . tctrng <br />Flora a Resident Agent <br />