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<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
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