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PERFORMANCE BOND <br />18070 Collins Avenue <br />Sunny Isles Beach, FL 33160 <br />Telephone: (305) 947-0606 Fax: (305) 949-3113 <br /> <br /> <br />FORM OF PERFORMANCE BOND <br /> <br />KNOW ALL MEN BY THESE PRESENTS: <br /> <br />That, pursuant to the requirements of Florida Statute 255.05, we, <br />_______________________________________, as Principal, hereinafter called Contractor, and <br />________________________, as Surety, are bound to the City of Sunny Isles Beach, Florida, as Obligee, <br />hereinafter called City, in the amount of ________________________________ Dollars ($ <br />_____________) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, <br />administrators, successors and assigns, jointly and severally. <br /> <br />WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.: <br />______________, awarded the day of , 20 , for <br />_______________________________________ in accordance with contract documents prepared by the City of <br />Sunny Isles Beach, which Contract is by reference made a part hereof, and is hereafter referred to as the Contract; <br /> <br />THE CONDITION OF THIS BOND is that if the Contractor: <br /> <br />16.1. Fully performs the Contract between the Contractor and the City for <br />_________________________________ (Bid No. ______________) within calendar days after the <br />date of Contract commencement as specified in the Notice to Proceed and in the manner prescribed in the <br />Contract; and <br /> <br />16.2. Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for delay <br />and other consequential damages caused by or arising out of the acts, omissions or negligence of Contractor), <br />expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings, that City sustains <br />because of default by Contractor under the Contract; and <br /> <br />16.3. Upon notification by the City, corrects any and all defective or faulty Work or materials which appear within <br />one and one half (1 1/2) years, and: <br /> <br />16.4. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in <br />the Contract, then this Bond is void, otherwise it remains in full force. Whenever Contractor shall be, and declared <br />by City to be, in default under the Contract, the City having performed City’s obligations thereunder, the Surety <br />may promptly remedy the default, or shall promptly: <br /> <br />16.4.1. Complete the Contract in accordance with its terms and conditions; or <br /> <br />16.4.2. Obtain a Bid or Bids for completing the Contract in accordance with its terms and conditions, and <br />upon determination by Surety of the best, lowest, qualified, responsible and responsive Bidder, <br />or, if the City elects, upon determination by the City, and Surety jointly of the best, lowest, <br />qualified, responsible and responsive Bidder, arrange for a Contract between such Bidder and <br />City, and make available as Work progresses (even though there should be a default or a <br />succession of defaults under the Contract or Contracts of completion arranged under this <br />paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; <br />but not exceeding, including other costs and damages for which the Surety may be liable <br />hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract <br />Price." as used in this paragraph, shall mean the total amount payable by City to Contractor under <br />the Contract and any amendments thereto, less the amount properly paid by City to Contractor. <br /> <br /> <br />