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THIS BOND COMPLIES WITH THE TERRORISM
<br /> RISK INSURANCE ACT OF 2002 (TRIA) .
<br /> EXECUTED IN TWO ( 2 ) COUNTERPARTS
<br /> EXHIBIT E
<br /> PERFORMANCE BOND
<br /> KNOW ALL MEN BY THESE PRESENTS :
<br /> BY THIS BOND , we
<br /> BARTH CONSTRUCTION , INC . , 1717 INDIAN RIVER BLVD . , SUITE 202A, VERO BEACH, FL 32960 ( 772 ) 778 -3072
<br /> as Principal
<br /> (Contractor)
<br /> ( Insert name , principal business address , and telephone number of Principal/Contractor)
<br /> and
<br /> WESTERN SURETY COMPANY , P . O . BOX 5077 , SIOUX FALLS , SD 57117 -5077 ( 800 ) 331- 6053 , a corporation ,
<br /> as Surety ,
<br /> ( Insert name , principal business , and telephone number of Surety)
<br /> are held and firmly bound unto the County of Indian River, Florida , 1840 20th Street, Vero
<br /> Beach , Florida 32960 , (772 - 567 -8000 ) , in the sum of NINETY FOUR THOUSAND ONE HUNDRED SEVENTY
<br /> NINE & 53 /100THS Dollars ( 947179 . 53 ) , amounting to l00% of the total contract price .
<br /> For the payment of said sum we bind ourselves , our heirs , executors , administrators and
<br /> assigns , jointly and severally , for the faithful performance of a certain written Contract,
<br /> dated the 28 day of September, 2004 entered into between the Principal and the County of
<br /> Indian River, for:
<br /> Bond Number; 929341593
<br /> Project Name : Repair of Indian River County Sheriffs Office
<br /> County Project Number:
<br /> Project Address : 4055 41St Avenue , Vero Beach , FL 32960
<br /> A copy of the Contract is incorporated herein by reference and is made a pan` hereof as
<br /> fully copied herein .
<br /> NOW , THEREFORE , THE CONDITIONS OF THIS OBLIGATION ARE SUCH , that if the
<br /> Principal shall in all respects comply with the terms and conditions of said Contract and its
<br /> obligations thereunder, and shall indemnify and save harmless the County of Indian River
<br /> against and from all from liabilities , damages , losses and costs , including , but not limited
<br /> to , reasonable attorney's fees , to the extent caused by the negligence , recklessness , or
<br /> intentional wrongful misconduct of the Principal , its agents and employees in the
<br /> performance of the Contract , and further, if the Principal shall promptly make payments to
<br /> all who supply him with labor and/or materials used directly or indirectly by the Principal in
<br /> the prosecution of the Work provided for in said Contract , then this obligation shall be null
<br /> and void , otherwise , the Principal and Surety , jointly and severally , agree to pay the
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