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<br />THIS BOND COMPLIES WITH THE TERRORISM
<br />RISK INSURANCE ACT OF 2002 (TRIA).
<br />EXECUTED IN 6 COUNTERPARTS
<br />
<br />BOND NO. 861191 SECTION 00612
<br />PUBLIC WORK F.S. CHAPTER 255.05(1)(A)
<br />COVER PAGE FORMS AND BECOMES A PART
<br />OF THIS BOND. FORM OF PAYMENT BONO
<br />
<br />KNOW ALL MEN BY THESE PRESENTS:
<br />
<br />That, pursuant to the requirementS of Florida Statute 255.05, we, VILA & SON LANDSCAPING CORP. , as
<br />Principal, hereinafter called Contractor, and *SEE BELOW , as Surery, are bOtmd to the City of Sunny Isles
<br />Beach, Florida, as Obligee, hereinafter called City, in the amount of NINETY SIX THOUSAND SIX HUNDRED FIFTY NINE &
<br />25 /looDollars ($ 96,659.25 ) for the payment wbereofContractor and Surety bind themselves,
<br />their heirs, execlJtors, administl"8tors, successors and assigns, jointly and severally.
<br />*WESTFIELD INSURANCE COMPANY
<br />
<br />WHEREAS, Contractor has by written agreement entered into a Contract, BidlContractNo.: 05~04-02, awarded
<br />the q~ day of :::rune. ,2005", with City for ATLANTIC ISLE** in accordance with
<br />drawings (plans) and specifications prepared by N/ A which
<br />Contract is by reference made a part here9f, and is hereafter referred to as the Contract;
<br />**LANDSCAPE AND IRRIGATION IMPROVEMENTS
<br />
<br />THE CONDITION OF THIS BOND is that if the Contractor:
<br />
<br />1. Indemnifies and pays City all losses, damages (specificalJy including, but not limited to, damages for delay and
<br />other consequential damages caused by or arising out of the acts, omissions or negligence of Contractor),
<br />c"-pl.."J1ses, COStS and anomey's fees including anomey's fees incurred in appellate proceedings, that City sustains
<br />because of default by Contractor under the Contract; aIld
<br />
<br />2. Promptly makes payments to all claimants as defined by Florida Statute 225.05(1) supplying Contractor with
<br />all labor, materials and supplies used directly Or indirectly by Contractor in the prosecution of the Work
<br />provided for in the Contract, then this obligation shall be void; otherwise, it shaU remain in full force and effect
<br />subject, however, to the following conditions;
<br />
<br />2.1 A claimant, except a laborer, who is not in privity with the Contractor and who has not received
<br />payment for their labor, materials, or supplies shall, within forty-five (45) days after beginning to
<br />furnish labor, materials, or supplies for the prosecution of the Work, furnisb to the Contractor anotice
<br />that mey intend to look to the Bond for protection.
<br />2.2 A claimant who is not in privilY wirh \:be Contractor and who has not received payment for their labor,
<br />materials. or supplies shall, within ninety (90) days after performance of the labor, or after complete
<br />delivery of the materials Or supplies, deliver to the Contractor and to the Su:n::ty, written lIotice of the
<br />performance of the labor Or delivery of me materiaJs or supplies and ofrh~ non-payment.
<br />2.3 No action for the labor, materials, or supplies may be instituted against Contractor or the Surety unless
<br />the notices stated under the preceding paragraphs 2.1 3IId 2.2 have been given.
<br />
<br />2.4 Any action under this Bond must be instituted in accordance with the Notice and Time Limitations
<br />provisions prescribed in Section 255.05(2), Florida Statutes.
<br />
<br />The Surety hereby waives notice of and agrees that any changes in Or under the Contract Doewnents and
<br />compliance or noncompliance with any fonnalities connected with the Contract or me changes do nor affect the
<br />Surety's obligation under this Bond_
<br />
<br />00612 - 1
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