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<br />I. The Canlraclor and The Surety, jointly and severally, hunt Illcroselves,
<br />(heir heirs, executors, administrators, successors anal assigns to lite Owner
<br />to pay for labor, malcrials and ec;oipment furnished for list in the perfor-
<br />mance of the Construction Contract, which is incorporated hezein by
<br />reference.
<br />2. With respect to lire Owner, this obligation shall be null and void f it
<br />Contractor:
<br />2.1, Promptly makes payinenr, directly or indirectly, for all sums
<br />due Claimants, and
<br />22 Defends, indcnrnilks and holds Iiarmlcss the Owner front all
<br />claims, demands, liens or sails by any person lir airily olio
<br />furnished labor, materials nr equipmcul for rise in lire
<br />performance of the Construction Contract, provided Ile
<br />Owner has promplly notified the Contractor and the Surety
<br />fat the address described in Paragraph 12) of any claims,
<br />dentands, liens or suits anti tendered defense of such claims,
<br />demands, Bells or suits to the Coolniclor anti the Snrcly. and
<br />provided there is no Owner Rcfaull,
<br />3. With respect to Claimants, this obligation shall be null and %ord If lire
<br />Contractor promptly makes paymcnt, directly or indirectly, for all sums
<br />due.
<br />4. Tire Surely shall have no obligation to C'loinrapils undcr this Bond
<br />until:
<br />4.1. Claimants who are employed by or have a direct coulracl
<br />with the Contractor have given notice to (Ire Sutety tat ilia
<br />address described in Paragraph 12) and scuta copy, or
<br />notice Ihcreaf.. to the Owner. slating Burl a claim is being
<br />glade under this Bond and. will subsiautiul accuracy, ilia
<br />amenoI of (he claim.
<br />4.2. Claimants who do not have a direct canlracl wish the
<br />Contractor:
<br />I. Ilave furnished wnrten notice to lite Contractor and
<br />sent it copy. or notice thereof, to the OmIcr. within 70
<br />days after having Iasi performed labor or last hunislicd
<br />materials or equipment included in the clan n staling,
<br />with substantial accuracy. the amount of the claim and
<br />Ilse name of the party to whom like nhareria9s were
<br />furnished or supplied or for whore the tabor was done
<br />or performed: and
<br />2. Have either received a rejection it whole or in pan
<br />from the Contractor, or not received within aft days Of
<br />hrrnishing lire above notice any communication from
<br />lite Contractor by which tine Contractor has indicated
<br />the claim will he paid directly or indirectly arra
<br />3. Not having been paid within the above 3n days, Wive
<br />sent a written notice to lite Surety (al (Ile address
<br />described in Paragraph 12) and sent a copy, or notice
<br />lhereor, to [lie Owner, slating that a claim is being
<br />tirade ander this Bond a eocl—inn - cer,y 4,
<br />previous wl'itlen notice furnished to lite Contractor.
<br />5. If a notice required by Paragraph 4 is given by tate Owner to lire
<br />Contractor or to the Surety, that is sufficient comphancc.
<br />6, When tire Claimant Inas satisfied Ilse conditions of Paragraph 4, IIIc
<br />Surety shall promptly and at the Surety's expense take ilia following
<br />aclions:
<br />6.1. Send an answer to the Claimant, with a copy to ilia Owner,
<br />within 45 days after receipt ofthe claim, stating lite anromns
<br />that are undisputed and the basis for challenging any
<br />amounts that arc dispulcd.
<br />6.2. Pay or arrange for payment of any undisputed amounts.
<br />7. The Surety's total obligation shall net exceed tie amount orchis Bond,
<br />and the amount of Ibis Mond shall be credited for any payments made in
<br />good faith by [lie Surely,
<br />a. Amounts owed by the Owner to the Contractor trader the Construction
<br />Contract shall be used for the performance of the Construction Contract
<br />(FOR INFORMATION ONLY -- Name, Address and'releplhote)
<br />AGENT or BROKER: (407) 834.0022
<br />Guignard Company
<br />1904 Boothe Circle, Longwood, FL 32750
<br />and to satisfy claims, if any, minder any Consrruclioti Performance Bond. By
<br />lire Colnraclor furnishing and the Owncr accepting this Bond, they agree tlhat
<br />all fluids carried by the Contractor in the perfarrnance of the Construclion
<br />Contract arc dedicated to salisfy, obligations of the Contractor and lite Surely
<br />under (his Bond, subject to the Oorner's priority to use the funds for lire
<br />completion of t(c work.
<br />9. The Surety shall not he liable to the Owner, Claimants or others for
<br />obligations of lite Contractor that are unrelated to the Construction CnalraCl,
<br />'ilia Otvocr shall not be liable for paymcnt of ally costs or expenses of any
<br />Claimant under this Bond, and shall have under this Bond no obligations to
<br />alakc payments le, give notices ars behalf of, or athenvise have obligations Ie
<br />Claimants under this Bond.
<br />111 The Surety hereby waives nnricc of any change. including changes of
<br />lime, to Pie Consuuclion Contract or to related sndscuntracrs, puichasc orders
<br />and other obligations.
<br />11 No snit or action shall becnnnarenccd by a Claimant under this Bond otter
<br />than in a cnun or Competent jurisdiction ill Ilse Incaton in which Ille work OF
<br />pastor the %York is located or after tire expiration or epic year floor the date (1)
<br />on which the Claimant gave hitt nutiCe required by Subparagraph 4.1 o Clatise
<br />4.2 (iii), or 12) on which the last labor or service was performed by anyone or
<br />ilia last materials or egllipnient were famished by anyone under the
<br />t'orslnsctimr C"nnuacr, ivfticltcvrr ufl t) lir f21 first urcurs. tf the provisions of
<br />Ibis Patagraph are sod or prohibited by law, the nrimiu nt period of limitation
<br />1,311,11 ,1C hr sureties as a defrnse in the jurisdiction of (lie suit shall be
<br />applicable
<br />12 r.nlrcc to the Surety, lite owner or the Contractor shall be trailed or
<br />ildl% rcd to the address shown on the signature page. Actuad receipt of notice
<br />by Surety, the Owner, or the Contractor. however accomplished, shall be
<br />surftcicrrt cumrimticc as lir the date received at the address shown on the
<br />ognaturc page
<br />13. %Vlicn Ibis F3ond has been furnished to comply with a statutory or other
<br />legal reyuircmenl in the Incalren where the construction was to be perforated.
<br />any provision in this Bond conflicting with said slalulory or legal requicemcnt
<br />shall lie decincd deleted Iiercirrom anti ptovisions colfocming to such statutory
<br />lir other legal requirement shall he deemed incorporated herein. The intent is,
<br />that this Bund shall he consumed as a statutory hemi and not as a common lata•
<br />bond
<br />14 Upon loluest by arty person or eumy appearing to be a porenlial
<br />hcueficinry of this Bond, lire Contractor shall ptougnly famish a copy of this
<br />Bond lir shall permit a copy to he made.
<br />15. BEflNIUONS
<br />15.1 Claimant; An individual or cmily having a direct contract wills
<br />rile Cnntnctnr Or with a snheonlraclor of the Contractor to furnish
<br />labor, matcrints or equipment for use in tlrc performance or elle
<br />Contract. 'lite intent or this Bond shall be to include wu huul
<br />Ininialien in the lerni5 "tabor, materials or equipment" that part of
<br />water. gas, power, light, heal oil, gasoline, telephone service or
<br />rental equipnrcia used in lite Construction Contract, architectural
<br />and engineering services required for perfmmnauce of the wort, .,r
<br />13.2.
<br />15.3.
<br />lite e.omraClar and Site t:emraeln'r'S subcontractors, and all other
<br />IJ
<br />items for Which a mechanic's IiCa may he 355erted in lire
<br />:tu
<br />jurisdiclion where the labor, materials or equipment were
<br />J
<br />furnished.
<br />CarlSlrueliOn Contract: T'Ite agreement between tic Owner and
<br />t,C]
<br />the Contractor identified on the signalwe page, including all
<br />'
<br />Calumet Documents and changes thereto.
<br />�
<br />Owner Defaull: Failure of the Owner, which has Willer been
<br />@
<br />reoedied nor waived, to pay tae Contractor as required by the r1.7
<br />C'ousiruction Contract or to perfontt and complete or comply with .97 -
<br />the other terms thereof. W
<br />00
<br />OWNER'S REPRESENTATIVE (Arclritecl,Engineer orother pally):
<br />(}0620,2 Iridian River Cannty Engineering Department
<br />
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