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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />JX BWON. CLERK <br />3/11 <br />I* <br />OLD 7 �N U 7-13 I, PERFORMANCE BOND — <br />i The American Institute of Architects, <br />Suretycompany r AIA Document No. A312 (December, 1984 Edition) <br />o Any singular reference to Contractor, Surety, Owner or other <br />* / party shall be considered plural where applicable, <br />01 <br />CONTRACTOR (Name and Address): OWNER (Name and Address): CZD <br />SCwrT M%-rR'iICN mmmaA oI"f, ITIC. Indian River County Board 8€ Oom-tissioners 1\7 <br />19401 58th Avenue, Sutite C 2625 1 9-th Avexrue <br />Vero Beach, FTS 32966 IN THE RECORDS OF Vero lea ii, FL 32960 <br />CONSTRUCTION CONTRACT JEFFREY K. BARTON SURETY (Name and Principal Place of Business): <br />CLERK CIRCUIT COURT <br />Date, INDIAN RIVER CO.. FLA. Old Repubilic Surety Cr any <br />102.5 S. Setnoran Blvd., Solite 1085 <br />Amount: S1,038,855.50 Winter Park, FL, 32792 <br />Description (Name and Location): (407)677.2663 <br />Round Island oceanfront Park <br />BOND County Pro jest No. 9622 RETURN TO <br />Hate (Not earlier than Construction Contract Date): <br />12/28/99 <br />Flan Boynton Powell <br />parli ft <br />PurchasingDivision —C, <br />Amount $1,038,855.50 <br />2625 190 Avenue <br />Modifications to This Bond: <br />r. None <br />Vern Beach, Fl 32960 c See Page 2 <br />CONTRACTOR AS PRINCIPAL. <br />SURETY <br />2 lithe Contractor performs the Construction Contract, the Surety and <br />Company: (Corporate Seal) Companyi <br />r''t <br />4 When the Owner has salislied the conditions of Paragraph 3, the <br />3 if there isnoOwner Default, the Surety'sahligalion under this Bond <br />Surety shall promptly and al the Surety's expense take one of the <br />fallowing acl r`ona: <br />SUN1<= a7NS`RUCTCiON MAiMOKMElfr, INC. <br />OLD REPUBLIC SURE'PY � r ,•:� -x'. <br />3.1 The Owner has notified the Contractor and the Surely at its <br />4.1 Arrange lot the Contractor with consent of the Owner, to <br />address described in Paragraph 10 below that the Owner is con. <br />perform and complete the Construction Contract; or <br />sidering declaring a Contractor Default and has requested and <br />attempted to arrange a conference with t�ierCdntl 'I d� <br />4.2 Undertaketoperformand complete the Construction Contract <br />Signalut'er <br />Signature• <br />not ice to disc ussmeth adsofperformingthe,C g , tract. <br />=agree, <br />Name'and Title:. W1llt'afh B. SchUh, Jr.' U <br />Name and <br />to, Ja3CIe5 E. <br />-Presider& <br />ptation of the Construction Contract, arrange for a contract lobe <br />Af-.i-nrnav_Tn- ;" I'i', <br />(Any additional signature$ App on page 2,) v - — - 7t''� <br />(FOR INFORMATIOAI-ONLy— Mame, Address and ?elophone) <br />OWNER'S REPRESENTATIVE (Archilecl, Engine$l'dt othel r <br />AGENT or HROKI=R: <br />parli ft <br />1 The Contractor and the Surety, jointly and severally, bind them- <br />3.3 The Owner has agreed lopaylheBalanced [he Contract Price <br />salvos, their heirs, execulaia.administrators, successors and assigns <br />to the Surety In accordance with the terms of the Construction <br />lo I h a Owner for ft peftmance of IheCon siruclion 00ntracl, which <br />Contract or to a contractor so famed to perform the ConslruclIon <br />is incorporated herein by reference, <br />Contract in accordance with the terms of the contract with the <br />2 lithe Contractor performs the Construction Contract, the Surety and <br />Owner <br />the affhave r under 1apttapar <br />lieipe in conferences as provdei nSubparagraph 3 <br />4 When the Owner has salislied the conditions of Paragraph 3, the <br />3 if there isnoOwner Default, the Surety'sahligalion under this Bond <br />Surety shall promptly and al the Surety's expense take one of the <br />fallowing acl r`ona: <br />shall arise aper: <br />3.1 The Owner has notified the Contractor and the Surely at its <br />4.1 Arrange lot the Contractor with consent of the Owner, to <br />address described in Paragraph 10 below that the Owner is con. <br />perform and complete the Construction Contract; or <br />sidering declaring a Contractor Default and has requested and <br />attempted to arrange a conference with t�ierCdntl 'I d� <br />4.2 Undertaketoperformand complete the Construction Contract <br />Surely to be held not later Ihan fifleen daft"Urrpe$.4?t*pll(I►ti <br />Itself, through its agents or through independent contractors; or <br />; , r <br />not ice to disc ussmeth adsofperformingthe,C g , tract. <br />=agree, <br />; <br />,3'6lotainbids ornegoliatedproposafsfrom quatifiadcontractors <br />II the Owner, the Contractor and the Surety e 7ntreclor <br />acceptable to the Owner for a contract for performance and com- <br />shall beallowed a reasonable timeto peform theConstrucfion Con- <br />ptation of the Construction Contract, arrange for a contract lobe <br />tract but such an agreement shall not waive the Owner's right, it <br />prepared for exeaulfon by the Owner and the contractor setecled <br />any, svbsequently to declare a Contractor Default, and <br />with the Owner's concurrence, to be secured with performance <br />3.2 The Owner has declared a C:ontraclor Detaull and formally <br />and payment bonds oxecuted by qualified surety aqulvalaw, to <br />te+minatedthe Conlraclor's right 10 complete the contract. Such <br />the borids issued on Ilia Gonatrucllon Contraet, and pay to the <br />irlontrac:W Default shall not be declared earlier than twenty days <br />after the Contractor and Surely have received nown as provided <br />Owner the amount of damages no described In Paragraph 6 in <br />oxceas of tha Balanceof the Contract Price <br />vs SubfiaragrarAi 3 1, and <br />Incurred by the Owner <br />resulting From the Contractor's defaull; or <br />