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HomeMy WebLinkAboutBergeron Land Development, Inc. Performance Bond Form -1997 07 03 SECTION 00610 PERFORMANCE BOND FORM BOND # SUN 320642 Bergeron Land Development Inca (2) Corporation THIS INSTRUA~ENT WITNESSETH: That ~:~e f 1) or r a and regularly authorized to do business -_ organized under the laves of the State of u *~ .1 n t ao.,+ .•..a r ..aPmn J t~ CO a f21 in the State of Florida as Principal, and v,+e i3) „a, Corporation organized under the laws of the State of onne t i rur _ and regularly authorized to do business in the State of Florida as Surety, are held and firmly bound unto r t +., of W i ntar Spr~i ngs hereinafter called the Owner in accordance vrith a Contract hereinafter referred to, in the penal sum of (~~~our hundred - Do! ars (S 493 900.00 ) I.a~vfu! money of the United States, well and truly to be paid unto thous ~~~~vner, for the payment ,of which we bind ourselves, our heirs, executors, administrators, successors and assignees, jointly and severally, firmly by these presents; WHEREAS, the said Principal has entHa des ~ Mossrit~anamatrRoadsiocated in nor Wanter Spr i nQS in ~_ for the work designated as Y conformity with Contract Documents hereby referred to and made a part hereof, the same to all intents and purposes as if written at length herein, in which Contract the said Principal has contracted to perform the ~:~ork specified in said Contract in accordance with the terms thereof; NOW, THEREFORE, the condition of this obligation is such that if the Principal shall faithfully perform the Contract on his fits) part, and satisfy all covenants, terms, conditions and agreements incurred by the Principal in the performance of said Contract, during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and shall satisfy all claims and demands arising thereunder, and shall fully indemnify and save harmless the Oti•>nef from all cost and damage which the Owner might suffer by reason of the failure of the Principa{ to do so, and shall fully reimburse and repay to the Owner a1! costs, damages, and expenses vrhich the Owner may incur in making good any default by the Principal, including any default based upon failure of the Principal, to fulfill his obligation to furnish maintenance, repairs, or replacements for any period of time after the vrork is con-~pleted, if provided for in said Contract, then this obligation shall be null and void, oihenvise it shall remain in full force and effect. IN ADDITION, the Principal and Surety, jointly and severally, expressly guarantee that all materials furnished and ~vcrkmanship performed under the Contract and in the construction of the v.~ork shall fulfill all requirements of the Contract and the Contract Documents with respect to t~:em. This bond shall remain in effect for a period of. one year from the date of final acceptance. IT (S }HEREBY STIPULATED AND AGREED That any suit based upon any default of the Principal in fulfilling his obligations to furnish maintenance, repairs, or replacements for any period of time after the Work is completed, if provided for in the Contract, may be brought at any time up to six months after the expiration of the time specified in the Contract during which the Contractor has agreed to furnish such maintenance or make such repairs or replacements. TIDE SAID SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to tl-~e \'Jork to be performed thereunder or the Contract Documents accompanying the same shell in any .^~ay affect its oblications on this E3ond, and it does f~ereby v~2ive notice of any suci~ change, extension of time, alteration or addition to the terms of the Contract er to the Work or to the Contract Documents. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor Shall abridge the right of any beneficiary hereunder, v: hose claim may be unsatisfied. (1) COilt(aC`lOr (i) Sole Proprietor, Partnership, or Corporation (~1 Surety (*) 1 10 percent of tine Contract IN WITNESS WHEREOF; t is i um nt i execut ' in several counterparts, each one of which shall be deemed an original, this the ` 3 r da of d 1 Y 1 g 97 r. (SEAL) (1) ergero nd Dev lopm , 1 ryE} Title:~o~f~13( Bergeron,''Presi~lent (SEAL) 12) Hartford Acc i d~nt and Indemnity Company sy: Title: Ro ert M. Welsh (Attorney in Fact) (1) Contractor (2) Surety END OF SECTION 00610-2