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BK : 2079 PG : 1163 <br /> PAYMENT BOND <br /> The American Institute of Architects , AIA Document No . A312 <br /> (December, 1984 Edition) . Any singular reference to Contractor, Surety , <br /> Owner or other party shall be considered plural where applicable . <br /> CONTRACTOR ( Name and Address) : SURETY (Name and Principal Place of Business) : <br /> Ceres Environmental Services, Inc. Safeco Insurance Company of America <br /> 3825 - 85th Ave. No . , Suite 101 Safeco Plaza <br /> Brooklyn Park, MN 55443 Seattle, WA 98185 <br /> OWNER (Name and Address) : <br /> Indian River County <br /> 1840 25th Street <br /> Vero Beach , FL 32960- 3365 <br /> CONSTRUCTION CONTRACT <br /> Date: August 23 , 2006 <br /> Amount: $ 1 , 000,000 . 00 <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 ,000,000 . 00 <br /> Modifications to this Bond : ® None ❑ See Page 2 ' : • %yv <br /> r . <br /> CONTRACTOR AS PRINCIPAL SURETY 1 6 '9 ;' P <br /> Company: <br /> (Corporate Seal) Company: ' (CorporaRSeal) <br /> Ceres Environmental S ices, Inc. Safeco Insurance Company of America <br /> Signature : Signature : <br /> Name and Title : teven M . Johns cretary Name a itle : Jack Cedarleaf II , Attorney- ' - ct <br /> (Any additional signatures appar on nage 23 <br /> (FOR INFORMATION ONLY—Name , Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or other <br /> AGENT or BROKER : Cedarleaf, Inc., 360 W. Larpenteur Ave., St. Paul, party) : <br /> MN 55113 <br /> 1 The Contractor and the Surety , jointly and severalty , bind them- 4. 1 Claimants who are employed by or have a direct contract with <br /> the <br /> selves, their heirs, executors , administrators, successors and assigns Contractor have given notice to the Surety (at the address described <br /> to the Owner to pay for labor, materials and equipment furnished for in Paragraph 12) and sent a copy, or notice thereof, to the Owner, <br /> use in the performance of the Construction Contract, which is incor- stating that a claim is being made under this Bond and , with <br /> sub- <br /> porated herein by reference . stantial accuracy, the amount of the claim. <br /> 2 With respect to the Owner, this obligation shall be null and void if 4.2 Claimants who do not have a direct contract with the Contractor: <br /> the Contractor: . 1 Have furnished written notice to the Contractor and sent a copy, <br /> 2 . 1 Promptly makes payment, directly or indirectly, for all sums due or notice thereof, to the Owner, within 90 days after having last <br /> Claimants , and performed labor or last furnished materials or equipment included <br /> 2 . 2 Defends , indemnifies and holds harmless the Owner from In the claim stating, with substantial accuracy, the amount of the <br /> claims , demands , liens or suits by any person or entity whose claim and the name of the party to whom the materials were fur- <br /> claim , demand , lien or suit is for the payment for labor, materials nished or supplied or for whom the labor was done or performed; <br /> or equipmerit furnished for use in the performance of the Construc- and <br /> tion Contract , provided the Owner has promptly notified the Con- 2 Have either received a rejection in whole or in part from the Con- <br /> tractor,and the Surety (at the address described in Paragraph 12) tractor or not received within 30 days of <br />famishing the above notice <br /> of any claims; demands , liens or suits and tendered defense of any communication from the Contractor by which the Contractor <br /> such claims , demands , liens or suits to the Contractor and the has Indicated the claim will be paid directly or indirectly; and <br /> Surety , and provided there is no Owner Default. 3 Not having been paid within the above 30 days, have sent a <br /> 3 With respect to Claimants , this obligation shall be null and void if written notice to the Surety (at the address described in Paragraph <br /> the Contractor promptly makes payment, directly or Indirectly , for all 12) and sent a copy, or notice thereof, to the Owner, stating that <br /> sums due . a claim Is being made under this Bond and enclosing a copy of <br /> 4 The Surety shall have no obligation to Claimants under this Bond until : the previous written notice furnished to the Contractor. <br /> ORIC 22114 (7.93) Page 1 of 2 <br /> A TRUE COPY <br /> CERTIFICATION ON LAST PAGE <br /> J .K. BARTON, CLERK <br />