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/ 4 <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 ( $ 1 , 000 , 000 . 00 ) 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 day <br /> of Ivnvemier 2005 , 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 /> r <br /> IN WITNESS WHEREOF the said Principal and Surety have signed and sealed this instrument this day of <br /> 220ygrr, ,)ier - 200& ` <br /> Omni Pinnacle , L . L . C . <br /> By : <br /> ✓ i t BF Ib <br /> 1701290 <br /> THIS DOCUMENT HAS BEEN RECORDED NORTH AMERICAN SPECIATLY INSURANCe COMPANY <br /> IN THE PUBLIC RECORDS OF <br /> INDIAN RIVER COUNTY FL + <br /> BK : 1966 PG : 1251 , Pagel of 7 <br /> 11 /07/2006 at 09 :46 AM , Steven L . Wulff, Attorney- in - Fact <br /> JEFFREY K BARTON , CLERK OF - <br /> COURT <br />