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41111111 <br />0 <br />skin <br />yj(",Ejs 4 <br />IN T11E RECORDS or <br />+ * * JEFFAEY K. BARTON <br />* * CLERK CIRCUIT COURT <br />INDIAN RIVER Co., FLA, <br />CONTRACTOR (Name and Addreas): <br />Summit Construction h4anagerrent, Inc, <br />1940.5$(11 Avenue, Suite C <br />Vem Bcach, FL 32966 <br />CONSTRUCTION CONTRACT <br />Date:luly 1999 <br />Amount 252,717,00 <br />Description (Name and Location): <br />PERFORMANCE BOND <br />The American Institute of Architects, <br />AIA Document No. A312 (December, 1984 Edition) <br />Any singular reference to Contractor, Surety, Owner or other <br />Party shall be considered plural where applicable, <br />OWNER (Name and Addreas): <br />Indian River County Board of County Comtnissiono <br />2025 19th Avenue <br />'aero Bcach, FI, 32960 <br />SURETY (Namo and Principal Placa of Business): <br />Old Republic Surety Company <br />P.O. Rox 4668 <br />Wintcr Patk, FL 327934668 <br />IRC Bid 9062 Donald Iv1CDnnald Park Improvements <br />Bond# t7CN-190139 <br />Date (Not eartler than Construction Contract Date): July 20, 1999 <br />Amount; 252,717.00 <br />Modifications to this Bond: <br />}CONTCAS PRINCIPAL <br />ir <br />Co F '( <br />�tr�A (Corporate Seal) <br />�F tri{CUan sY cntnt, Inc. <br />rl�5rz1-rh <br />NamefidTi4a �! i <br />h 'chub Jr., Presldcnt <br />(Any,addilwn�l gi�nnlufeirPppgar nn page 2.) <br />(1�QR 1NFORHfAF7°lON.O,ply- Name. Address add Telephone) <br />AGENT or H1f OXER The Dickmeyer Agency <br />607 SY. lA7Cie Creacarl, SYuart, FL 34994 <br />1 1 The Contractor and the Surety, Jointly and severally, bind them- <br />selves, ]halt heirs, executors, admintstrators, succcssera and assigns <br />to the Owner for the performance of the Construction Contract, which <br />fa Incorporated heraln by reference. <br />2 If the Contreclor performs the Construction Contract, the Surely and <br />the Contractor shall have no obligation under this Bond, except to par- <br />ticipate in conferences as provided In Subparagraph 3,1, <br />3 Uthere is no Clwnnr 11 re lirth� ". . <br />shall arles after. "`y n ebirgacon under ]lila Hood <br />3.1 The Owner has nollned the Contractor and the Surety at Its <br />address described in Paragraph 10 below that the Owner Is con- <br />efdaring declaring a Contractor Default and has requested and <br />attempted to arrange a conference with the Contractor and the <br />Surety to be held not later than fifteen days after receipt of such <br />notice to discuss methods of performing the Construction Contract, <br />If the Owner, the Contractor and the Surety agree, the Conlractor <br />shall be allowed a reasonable time to perform the Conslruellon Con- <br />tract, but Such an agreement Shall not waive the Owner's right, If <br />any, Subsequently to declare a Contractor Default: and <br />3.2 The Owner has declared a Contractor Default and formally <br />terminated the Contractor's right to complete the contract. Such <br />Contractor Derault shall not be daelarad earlier than twenty days <br />after the Contractor and Surety have received no]Ica as provided <br />In Subparagraph 3.1; and <br />oRsc 22$10110-031 <br />X None <br />See Page 2 <br />SURETY <br />Company: <br />Old Republic SnrCt}' 04111p.'lny <br />1 1 <br />y .--tc4 &iIS an <br />eI r <br />Signature: <br />Name and Ie: James E. DicknieVel Althrtlt <br />t� ' <br />OWNER'S REPRESENTATIVE (Architect <br />Englnjenr at d�ther <br />partyy <br />3.3 The Owner has agreed to paythe Balance cdlha Contract price <br />to the Surety in accordance with the terms of the Construction <br />Contract or to a contractor selected to perform the Construction <br />Contract In accordance with the terms of the contract with the <br />Owner. <br />4 When the Owner has satisfied the ennrlifjnnrof f'vrayrapir 3, me <br />�uruty snap promptly and at the Surety's expense take one <br />following actions: of She <br />4.1 Arrange For ilia Contractor with consent of the Owner, to <br />I and complete the Construction Contract: or <br />4.2 Undertake to perform and comptete the Construction Contract <br />itself, through its agents or through independent contractors; or <br />4.3 Obtain bids or negatlateci proposals from qualifled contractors <br />aeptable to the Owner for a contract for performance and com- <br />pleccton of the Construction Contract. arrange for a contract to be <br />prepared for execution by the Owner and the contractor selected <br />with the Owner's concurrence, to be secured with performance <br />and payment bonds executed by a qualified surety equivalent to <br />the bonds issued on the Construction Contract, and pay to the <br />Owner the amount of damages as described in Paragraph 6 in <br />excess Of the Balance of the Contract price incurred by the Owner <br />resulting from the Contractor's default, or <br />A TRUE COPY Fa90 I of 2 <br />CERTIFICATION ON LAST PAGE <br />JX BARTON, CLERK <br />ko <br />t,c] <br />C <br />r— <br />ft? <br />C.rl <br />W <br />