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<br />THIS BOND ONLY COVERS CLAIMS OF SUBCONTRACTORS,
<br />SUPPLIERS, AND LABORERS TO THE EXTENT THE W tf. I die
<br />PRINCIPAL HAS BEEN PAID FORTHELABOR,SERVICES es Ie nsurance o.
<br />OR MATERIALS PROVIDED BY SUCH PERSONS.
<br />
<br />Labor and Material
<br />Payment Bond Bond No. 5885029
<br />NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH ANOTHER BOND IN FAVOR OF THE OWNER CONDITIONED FOR THE FULL AND FAITHFUL
<br />PERFORMANCE OF THE CONTRACT.
<br />
<br />Westfield Group 8M
<br />Westfield Center, Ohio 44251-5001
<br />
<br />KNOW ALL MEN BY THESE PRESENTS:
<br />That Vila & Son Landscapina Corp. 20451 SW 216th Street. Miami. FI 33170
<br />(Here insert the name and address, or legal title, of the contractor)
<br />as Principal, hereinafter called Principal, and WESTFIELD INSURANCE COMPANY, an Ohio Corporation with Principal Office
<br />at Westfield Center, Ohio, as Surety, hereinafter called Surety, are held and firmly bound unto
<br />City of Sunny Isles Beach
<br />(Here insert the name and address, or legal title, of the owner)
<br />as Obligee, hereinafter called Owner, for the use and benefit of claimants as herein below defined, in the amount of
<br />eiaht hundred fortv-one thousand nine hundred sixtv-six and none
<br />Dollars ($841.966.00), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators,
<br />successors and assigns, jointly and severally, firmly by these presents.
<br />
<br />WHEREAS, Principal has by written agreement dated
<br />entered into a Contract with Owner for Landscape Improvements SR A1A (Collins Avenue)
<br />in accordance with drawings and specifications prepared by O'Leary Desian Associates. P .A.
<br />(Here insert full name and title)
<br />which Contract is by reference made a part hereof, and is hereafter referred to as the Contract.
<br />
<br />NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make
<br />payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance
<br />of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the
<br />following conditions:
<br />
<br />1 . A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material, or both, used or
<br />reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil
<br />gasoline, telephone service or rental of equipment directly applicable to the Contract.
<br />2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not
<br />been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or
<br />materials were furnished by such claimant, may sue on this bond for the use of such claimant in the name of the Owner, prosecute the suit to final judgment for
<br />such sum or sums as may be justly due claimant, and have execution thereon; provided, however, that the Owner shall not be liable for the payment of any costs
<br />or expenses of any such suit.
<br />3. No suit or action shall be commenced hereunder by any claimant,
<br />(a) Unless claimant shall have given written notice to any two of the following: The Principal, the Owner, or the Surety above named, within
<br />ninety (90) days after such claimant did or performed the last of the work of labor, or furnished the last of the materials for which said claim is made, stating with
<br />substantial accuracy the amount claimed and the name of the party to whom the materials were fumished, or for whom the work or labor was done or performed.
<br />Such notice shall be served by mailing the same by registered mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place
<br />where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the
<br />aforesaid project is located, save that such service need not be made by a public officer.
<br />(b) After the expiration of one (1) year following the date on which Claimant ceased work on said Contract.
<br />(c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any
<br />part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere.
<br />4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the
<br />payment by Surety of mechanics liens which may be filed of record against said improvements, whether or not claim for the amount of such lien be presented
<br />under and against this bond.
<br />
<br />By
<br />
<br />
<br />By
<br />
<br />
<br />Principal
<br />
<br />Signed this 6th
<br />
<br />day of Ma
<br />
<br />Thomas L
<br />
<br />BD 5048W (01-2000)
<br />
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