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HomeMy WebLinkAboutM.H. Williams Construction Performance Bond -1999 11 10r. • • • THE AMERICAN INSTITUTE OF ARCHITECTS Bond No.: MB0332 A/A Document A311 Per#ormance Bond KNOW ALL MEN BY THESE PRESENTS: that M. H. Williams Construction, Inc. 1Here insert full name and address or legal title of ContncioN 2287 W. Eau Gallic Blvd., Suite A, Melbourne, FL 32935 as Principal, hereinaft?r called Contractor, and, Contractors Bonding and Insurance Comapny (Here insert full name and address or legal title of Surcryl 200 S. Harbor City Blvd., Suite 402, Melbourne, FL 32901 as Surety, hereinafter called Surety, are held and firmly bound unto The City of Winter Springs (Here insert full name and address or legal side of Ownerl 1126 East S. R. 434, Winter Springs, FL 32708 as Obligee, hereinafter called Owner, in the amount of Two Million Two Hundred Sixty Thousand Six Hundred Eighty Nine Dollars and 00/100 Dollars (5 2,260,689.00 ~~ for the payment whereof Contrac;or and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, M. H. Williams Construction, Inc. Contractor has by written agreement dated November 10 1999 . entered into a contract with Owner for (Here insert full name. address and descriouon of proiecA Park improvement project: Construct pavilions, ball fields, nature trails, playgrounds, intac'coWd~n~e wl1~i~~vsfig5~nd Specifications prepared by Starmer Ranaldi Planning & .Mere +nsert iull name and address or legal ude of ~rchitectt Architecture, Inc. 890 Northern Way, Suite B-1, Winter Springs, FL 32708 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A3tt PERfOH.~;.>.`(:° 8(`.y0 A•~D L.a80R A,vp ~t,\iERIAI PAY.~tE:VT 9(~NU .>IA 'J~ rEBRUARY t9'0 ED. THE .~.`tFRICi~ I\$TITUrE OF .ARCHITECTS, t: I, ` Y AVE.. N. w., WASHINGTOrv, 0 C. '0006 'NARNING: Unlicensed photocopying violates U.S. capynght laws and Is subject to legal proseeutlort. • PERFORMANCE B©ND• NOW, THEREFORE, THE CONDITION OF THIS OBl1GATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with Its terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Arty suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators or successors of the Owner. THE PROVISIONS AND LIMITATIONS OF SECTION 255.05, OR SECTION 713.23 (AS APPLICABLE), FLORIDA STATUTES AS AMENDED, ARE INCORPOR;iTt:D NEREIy BY REFERENCE. Signed and sealed this 10th day of November 19 99 •, M. H. Williams Construction, Inc. GL '7 tWifnt•S~) 7 TiUc! Michael H. Williams, President }}~~ ContractorG Bonding and Insurance Cotr-r~y Fa1laCte, 'PIL~`L'orney-in-fact AIA DOCUMENT A371 PFRf()RMANCE BONO AND lA6<)R ANO MI.TERIAL PAYMFNT BOND AI.\ ~ fFBRUARY 1970 Ei). • THE AMERICAN INSTITUTE ()F .\RCHITECTS, 175 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 2 WARNING: Unllcenaed photocopying violates U.S. copyright laws and is subject to legal prosecution.