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1704091 RECORDED IN THE RECORDS OF JEFFREY K BARTON , CLERK CIRCUIT COURT INDIAN
<br /> RIVER CO FL , BK : 2079 PG : 1161 , 09 / 15 / 2006 03 : 35 PM
<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 /> CONTRACTOR ( Nam and Address) : OWNER (Name and Address) :
<br /> Ceres Environmental Services, Inc. Indian River County
<br /> 3825 - 85th Ave. No . , Suite 101 1840 25th Street
<br /> Brooklyn Park, MN 55443 Vero Beach, FL 32960-3365
<br /> CONSTRUCTION CONTRACT SURETY (Name and Principal Place of Business) :
<br /> Date: August 23 , 2006 Safeco Insurance Company of America
<br /> Safeco Plaza
<br /> Amount: $ 1 ,250, 000 .00 Seattle, WA 98185
<br /> Description (Name and Location) : Annual Performance Bond for Disaster Recovery Services
<br /> BOND # 6396869
<br /> Date (Not earlier than Construction Contract Date) : August 30, 2006
<br /> Amount: $ 1 ,250 ,000 , 00
<br /> Modifications to this Bond: ® None Z1� OftOftpage 2
<br /> V .
<br /> CONTRACTCR AS PRI NCI PAL SURETY
<br /> Company: (Corporate Seal ) Company: (Ccxporale SO) _
<br /> Ceres Environmen Services, Safeco Insurance Company of America
<br /> Signature: � —
<br /> Signa
<br /> Name and Title : Steven M, has , Secretary Name a itle: Jack Cedarleaf II, Attome - i act
<br /> (Any additional signatures appear on page 2.)
<br /> (FOR INFORMATION Only- Name, Address and Telephone) OWNER' S REPRESENTATIVE (Architect, Engineer or other
<br /> AGENT or BROKER : Cedarleaf, inc., 360 W. Larpentour Ave., St. Paul, party) :
<br /> MN 55113
<br /> 1 The Contractor and the Surety, Jointly and severally, bind them- 3. 3 The Owner has agreed to pay the Balance of the Contract Price
<br /> selves, their heirs, executors, administrators, successors and assigns to the Surety in accordance with the terms of the Construction
<br /> to the Owner for the performance of the Construction Contract, which Contract or to a contractor selected to perform the Construction
<br /> is incorporated herein by reference. Contract in accordance with the terms of the contract with the
<br /> 2 If the Contractor performs the Construction Contract, the Surety and Owner.
<br /> the Contractor shall have no obligation under this Bond, except to par-
<br /> ticipate in conferences as provided in Subparagraph 3 . 1 . 4 When the Owner has satisfied the conditions of Paragraph 3 , the
<br /> 3 If there is no Owner Default/ the Surety's obligation under this Bond Surety shall promptly and at the Surety' s expense take one of
<br /> the
<br /> shall arise after: following actions:
<br /> 3. 1 The Owner has notified the Contractor and the Surety at Its 4 . 1 Arrange for the Contractor with consent of the Owner, to
<br /> address described in Paragraph 10 below that the Owner is con- perform and complete the Construction Contract; or
<br /> sidering declaring a Contractor Default and has requested and
<br /> attempted to arrange a conference with the Contractor and the Undertake to perform and complete the Construction Contract
<br /> Its
<br /> Surety to be held not later than fifteen days after recelpt of such Itself, through its agents or through independent contractors ; or
<br /> notice to discuss methods of performing the Construction Contract. 4.3 Obtain bids or negotiated proposals from qualified contractors
<br /> If the Owner, the Contractor and the Surety agree, the Contractor acceptable to the Owner for a contract for performance and com-
<br /> shall be allowed a reasonable time to perform the Construction Con- pletion of the Construction Contract, arrange for a contract to be
<br /> tract, but such an agreement shall not waive the Owner's right, if prepared for execution by the Owner and the contractor selected
<br /> any, subsequently to declare a Contractor Default ; and with the Owner's concurrence , to be secured with performance
<br /> 3 . 2 The Owner has declared a Contractor Default and formally and payment bonds executed by a qualified surety equivalent to
<br /> terminated the Contractor's right to complete the contract. Such the bonds issued on the Construction Contract, and pay to the
<br /> Contractor Default shall not be declared earlier than twenty days Owner the amount of damages as described in Paragraph 6 in
<br /> after the Contractor and Surety have received notice as provided excess of the Balance of the Contract Price incurred by the Owner
<br /> In Subparagraph 3. 1 ; and resulting from the Contractor's default; or
<br /> oRsc 22119 (10-93) Page 1 of 2
<br /> A TRUE COPY
<br /> CERTIFICATION ON LAST PAGE
<br /> J.K BARTON. CLERK
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