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BK: 1683 PG: 309
<br />INDIAN RIVER COUNTY
<br />BAYTREE, MARBRTSA. AND SE GRAPE TRAM DUNE RESTORATION PROJECT
<br />PAYMENT BOND
<br />.KNOW ALL MEN BY THESI, PRESENTS:
<br />That we Heresy Fischer & Sons, Inc. as Principal, and Capitol Irdermity
<br />as Surety, are held and firmly around unto the County of Indian .River in the sum of-�
<br />irio raaSix lrror-
<br />�and Seven
<br />Dollars ($ 206,772.50 1, amounting•to 100% of the total bid price, for the paymentai� we bind 01100
<br />ourselves, our heirs, executors, administrators and assigns, jointly and severally, for the faithful performance
<br />of a certain written c:ottract, d: tied thel l�3 day of 2003, entered intofbetween the
<br />Principal and the County of Indian River, Florida, for.
<br />Baytree Mar)risa and Seaeram mit ,a . e
<br />A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied
<br />herein.
<br />NOW, TMREFORE, THE CONDITIONS OF TRIS OBLIGATION ARE SUCH, that, if the Principal shall
<br />Promptly make payments to all claimants, as herein below defined, then this obligation shall be void;
<br />otherwise, this Bond shall remain in full force and efi'ect, subject to the following terms and conditions:
<br />A. A claimant as defined in Florida Statutes section 255.05 (1) supplying the Principal with
<br />labor, matciels, or supplies, used directly or indirectly by the Principal in the prosecution
<br />of the work pr )vided for in tate Contract;
<br />B. The provisions of Section 255.05 Florida Statutes, together with all notice and time
<br />provisions contained therein, shall apply to this Bond.
<br />This Bond shall remain in full force and effect for a period of One (1) year from the completion of
<br />Performance of the labor or completion of delivery of the materials and supplies under the Contract,
<br />No action on this Bond shall ba brought other than in a state conn of competent jurisdiction in and for Indian
<br />River County, Florida, or in the United States District Court for the Southern District of Florida, and not
<br />elsewhere.
<br />The Principal and the Surety jointly and severally. shall repay the County of Indian River any sum which it
<br />may be compelled to pay beutuse of any lien for labor or materials furnished for any work included in or
<br />provided by said Contact
<br />The Surety, for value received, bereby agrees that no change, extension of time, alteration of or addition to
<br />the terms of the Contract or to the work to be performed thereunder or to the Speciticaiions applicable
<br />thereto, or compliance or nonc7mplialtoe With any formalities connected with the Contract or any changes in
<br />or under the Contract shall in any way affect its obligations on this Bond, and the Surety hereby waives
<br />notice of any such change, exitw5lon of time, alterations of or addition to the terms of the Contract, or to the
<br />work or to the Specifications,
<br />1N WITMSS WJUREOF, tht, above bounded parties executed this instrument under their several seals this
<br />k day of Tr. 2003) the name and corporate seal each corporate party being hereto
<br />affixed and these presents trly signed by its undersigned representative, pursuant to authority of its
<br />governing body.
<br />PAYMENT BOND PA -I
<br />A TRUE COPY
<br />CERTIFICATION ON LAST PAGE
<br />J.K. BARTON, CLERK
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