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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 ( $ 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 />
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