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BK : 1753 PG : 1896 PAYMENT BOND Know all men by these presents: By This Bond, we E . J . Breneman , L . P . , 1117 Snyder Road , West Lawn , PA 19609 (Innen name, principal business address, and telephone number of Principal/Conawwr) as Principal (Contractor) and Western Surety Company , P . O . Box 5077 , Sioux Falls SD 57117 (Insert name, principal busiaess, and telephone number of Surety) a corporation, as Surety, are hold and firmly bound unto the County of Indian River, Florida, 1840 25d' Sheet, Vero Beach, Florida 32960, ((772) 567-8000), in the sum of one Million Two Hundred -Eighty-Five Thousand One Hundred Sixty-One Dollars ($ 1 , 285 , 161 . 00---- ) (written Amount) (Numeric Amount) amounting to 10075 of the total bid price. For payment of said sum we bind ourselves, our heirs, executors, administrations and assigns, jointly and severally, for the faithful performance of a certain written Contract, dated the 22nd day of June 2004 entered into between the Principal and the County of Indian River, for: Bond Number. 929329901 Project Name: Milling . Resurfacing and Shoulder Paving on CR 512 Bid Number: 6080 Project AddreSS : CR 512 from SR 60 to Fellsmere Farms and on Oslo Rd . From 20th Avenue to 27th Avenue Project Description: Milling , Resurfacing and Shoulder Paving on CR 512 A copy of said Contract is incorporated herein by reference and is made a part hereof as fully copied herein. Now , Therefore, the Conditions of this Obligation are such, that, if the Principal shall promptly make payments to all claimants, as heneln below defined, then this obligation shall be void; otherwise, this Bond shall remain in full force and effect, subject to the following terms and conditions: A claimant is defined as any person supplying the Principal with labor, material or supplies, used directly or indirectly by the Principal or any subcontractor in the prosecution of the Work provided . for in said Contract, and is further defined in Section 713 .01 of the Florida Statutes. The provisions of Section 2155.05 Florida Statutes shall apply. The above name Principal and Surety hereby jointly and severally agree with the County of Indian River that every claimant as herein defined, who has not bee paid in full before the expiration of a period of ninety (90) days after performance of the labor or after complete delivery of materials and supplies by such claimant, may sue on this Bond for the use of such claimant, prosecute the suit to final judgment for such sums or sums as may be justly due claimant, and have execution thereon. The County of Indian River shall not be liable for the payment of any costs or expenses of any such suit. No suit or action shall be commenced hereunder by any claimant F:\PmcOasfm"tds120M.2006 Py (6000)\6080 Raurtuft ori CR512 ffom SR 60 to Faasm n Faems%M Bid Docvmmtdx Priya 50 of 61 A TRUE COPY CERTIFICATION ON LAST PAGE JX BARTON , CLERK