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gr • • 181 ACTIVE PARK APRIL 10,2005 I. The CantrwIor andahe Svwy.jointly and severally,bind themselves,their Contractor furnishing and die Owner accepting this Bond, they agree that all hen, seeuten. adMaiatnton, suceaion and snips to the Owner for the fords earned by the Contractor in the performance of the Cwnhuedon Contract perfernamo of the Cwumtniee Comm, which is incorporated herein by am dedicated to S. obligatimu of the Contractor and the Surety under this reference. Bond,subject to the Omefa priodry to use the funds for the completion of d 2. With resile t to the Owner. this Obligation shall be null and void If the work. Cancer 9. The Surety shell not be liable to the Owns, Claimama ot others for 2.1. Ptampdy makes payment, directly or indirectly. for all sums disc obligations of the Connector that are unrotated to die Conabuction Cennact. Clain®n,end The Owatt shalt not be liable for payment of any can or capenam of any 2.2. Defends,indenmlfiet end holt bend=the Owner form all claims, Claimant coder this Bond,and shall have under this Bond no obligations to make demands,liens or suits by any person or entity who furnished labor, peymoon to, give notices on behalf of, or athematic have obllpticea to mamiols or equipment for use in the performs**of the Construction Claimants under this Bond Connect provided the Owner has promptly nodfmd the Contractor It The Surety hereby waive notice of any chap,including drams of time. and the Sorry(is the address described in Paragraph 12) of any to the Construction Contract or to relate sithcontact purchase orders and other Halms.demands, liens or suite and rendered detente of such claims, obligations. demands,fens or suits to the Contractor and the Surety,and provided I I. No suit or action shall be commenced by a Claimant under this Bond other them Is no Owns Default than in a court of compeeerjurisdiction in the location in which the watt or par I. With respect to Claimants, this obhguion shall be null and void if the of the work is lased or ata the=picador of cos par from the dam(I)on • Contractor promptly nukes moteat directly or indirectly,for all sums due. which the Claimed gave the notice required by Subparagraph 4A or Clause 41 4. The Surety shell have no obllgadon to Claimant under this Bond mill: (BB,or(2)an which the last Shot or service ma performed by mane or the lest 4.1. Claimants who ere employed by or have a direct contract with the mewls or equipment wets furnished by anyone under the eonstrondon ' Cremator here given notice to to Surety(et to address described in Cannael,whichever of(1)re(2)fiat occurs. If the provisions of this Paragraph Paragraph [2)and sent a copy,ornotice meaaf.to the Owner.stating are void or prohibited by law, the minimum paid of IImltUm available to that a claim is acing mode under dais Bend and. with aubetantial sureties as•defense in thejmisdiam of the sub shall be acceptable accuracy,the=amt of the cline. 12. Notice to the Smery, the Owner or the Contactor shell be mailed or Al. Claimants who do not have a dna contact with the Convector: delivered to rhe address shown on the signature page. Actual rccipro(nodes by I. Have furnished written nceiee to the Commix and sett s copy, Sunny, the Owner or de Contractor.however accomplished,shall be anfFiai= or notice thereof,,to thc Owner,within 90 days atm having last compliance as of the date received at the admits=swoon the signet=page performed labor or list furnished meted= or egaipmad 13, When this Bond has been furnished to comply with a memory or other included in the claim staring, with substantial accuracy. the legal requirement S the location where the a neauelion was to be performed, amount of We claim and the name of the parry to whom the any provision in this Bond conflicting with said sbhmry or legal requirement maids were Mrslahed or supplied or for whom the labor wen eholl be demised deleted beam and pwieiau cramming to such aunt ey or done orperformcd and other legal requirement shall be deemed incorporated hetet The inter is,this 2. Have either received a rejection in whole m in pm from the this Bond shall be comma as a statutory bond end not as a ec®oon law bond. Cmnactor, or not received within 30 days of furnishing the 14. Upon request by any Parson or entity appearing to be a potential above ndea any commmmimdon from the Contactor by which bevdeiry of this Bond, the Contractor shall promptly furnish a copy of this the Come=his =heed the claim will be paid dteetly or Bond or shall permit a copy to be mads indirectly: and l5. DEFINITIONS 3. Not having berm paid within the above 30 days. have tent a 15,1.Claimant: An individual or emit having a direct contract with t' Witten notice to the Surely (at the address described io Contractor or with a wheometur of Own Canine=to Ahnish him • paraea graph 12)and teal a copy.or notice thereof, to the Owner, materials or equipment for me in thc fomanm of the Cone. statingthat a claim is being made endo'this Bond ed enclosing The intent of die Bond shall be to include without limitation in the a copy of the =vim' wines notice Pmishd on dm terms"Inbar.matdah or equipment"that part of warn,gas,power, Conmwtor, light.hest,oil.manna.telephone=vim or maul equipment used his 5. If a notice mend d by Paragraph 41s given by the Owner to the Cmttctor the Conemeice Connect erchitweud end engineering service or so the Surety,that Is suuffcimr compliance required for perfomance of Sc work of the Contactor and the 6. When the Claimant his satisfied the conditions of Paragraph 4,the Sumry Contanter's aubcontamnn, and all other Ilam for which e than promptly god at the Stay's expense take the following actions: mechanic's IX may be asserted in the jurisdiction setae the labor, 6.1. Sed en emir to the Claimant with a copy to the Owner,widths 45 materials orequipment wore furnished, days after receipt of the claim,seting the amomu that R undisputed 15.2.Ceamsdm Contract The agreement between the Owner and the and the basis for cfieleaging any amounts that am disputed. Contractor identified on the signature pap, including all Connect 62, Pay or arrange for payment of any undisputed amort. Documents and changes dims. • 7. The Surety's total obligati dell not arced the amount of irk Bond,and 15.3.Owner Deholc Failure of the Owner, which has nether berg the amount of his Bond shall be credited he any Paymene made S geed faith mndied err waived, to pay the Contactor es nquired by the by the Sway. Construction Cmnaet or to perform and complete or comply with the B. Ametw owned by the Owner to the Cmanctor ander the Conatruetln other terms thereof. Contract shall be used for the performance of the Construction Conner and to cds[y cWma, if my, mike any Communion Performance Bond Sy the MO MOND NEIRSV R AMENDED SO TAT THE PROVISIONS AI® LIMITATIONS OF SECTION 255.05 OR SECTION TILTS FLOMA STATUTES,WHICHEVER IS APPlwist e,AIR INCORPORATED HEREIN SV REFERENCE. (FOR INFORMATION ONLY—Name,Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect,Engineer or other party): Nielson, Alter & Associates, Inc. Miller, Legg & Associates, Inc. , d/b/a Miller Legg 5979 Northwest 151st Street, #105 1800 North Douglas Road, Suite 200 Miami Lakes, Florida 33014 Pembroke Pines, Florida 33024 (305) 822-7800 00600.2 BJCDC No. 19142BB(1984 Bdidw) Prepared through thisjoint effort tithe Sunny Association of America.Engineers'Joint Contract DanmenU Committee,The Associated General Coonan.of America American Institute of Architects,American Subcontractors Association,and the Associated Seadrift Common.