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<br /> Performance and North American Specialty Insurance Company
<br /> Payment Bond 650 Elm Street, Manchester, New Hampshire 03101
<br /> Bond Number : 2058263
<br /> KNOW ALL MEN BY THESE PRESENTS , THAT,
<br /> Omni Pinnacle, L . L . C . , 1330 Corporate Square Drive , Slidell , Louisiana 70458
<br /> (hereinafter called the Principal) , as Principal, and North American Specialty Insurance Company, a corporation
<br /> organized and existing under the laws of the State of New Hampshire and authorized to conduct business in the State of
<br /> Louisiana (hereinafter called the Surety) , as Surety, are held and firmly bound unto
<br /> Indian River County, Public Works Department, 1840 25th Street, Vero Beach , Florida 32960
<br /> (hereinafter called the owner), and to all persons who furnish labor or material directly to the Principal for use in the
<br /> prosecution of the work hereinafter named, in the just and full sum of
<br /> One million dollars and no cents ($ 11000 , 000 . 00
<br /> T .) Dollars ,
<br /> to the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, and their
<br /> respective heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents .
<br /> WHEREAS , the Principal has entered into a certain written contract with the Owner, dated the 7" day
<br /> Of2005 , for Hurricane Debris Removal & Disposal Contract Indian River
<br /> County, Florida
<br /> which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.
<br /> NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall fully indemnify
<br /> the Owner from and against any failure on his part faithfully to perform the obligations imposed upon him under the terms
<br /> of said contract free and clear of all liens arising out of claims for labor and material entering into the work, and if the said
<br /> Principal shall pay all persons who shall have furnished labor or material directly to the Principal for use in the
<br /> prosecution of the aforesaid work, each of which said persons shall have a direct right of action on this instrument in his
<br /> own name and for his own benefit, subject, however, to the Owner ' s priority, then this obligation be null and void,
<br /> otherwise to remain in full force and effect.
<br /> PROVIDED, HOWEVER, that no action, suit or proceeding shall be had or maintained against the Surety on this
<br /> instrument unless the same be brought or instituted and process served upon the Surety within two years after the
<br /> completion of the work mentioned in said contract, whether such work be completed by the Principal, Surety, or Owner;
<br /> but if there is any maintenance period provided in the contract for which said Surety is liable , an action for maintenance
<br /> may be brought within two years from the expiration of the maintenance period, but not afterwards .
<br /> IN WITNESS WHEREOF the said Principal and Surety have signed and sealed this instrument this day of
<br /> 2:2009 /)07A- r' 200*E
<br /> Omni Pinnacle, L . L. C .
<br /> 1701290 �' ' "
<br /> THIS DOCUMENT HAS BEEN RECORDED NORTH ERICAN SPECIATLY INS R1 C CID PANY
<br /> IN THE PUBLIC RECORDS OF xa`L3 ,
<br /> INDIAN RIVER COUNTY FLw " a
<br /> .+ M
<br /> BK : 1956 PG : 1251 , Pagel of 7
<br /> 11107/2005 at 08 :46 AM ,
<br /> Steven L . Wulff, Attorney-in Fadt4 �y
<br /> JEFFREY K BARTON, CLERK OF
<br /> COURT r I - , ) ,4� . . ya `` r .will ,
<br />
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