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<br />PERFORMANCE BOND <br /> <br />Bond Number,929540534 <br />KNOW ALL PERSONS BY THESE PRESENTS, That we USA Shade & Fabric Structures, Inc. <br /> <br />of <br /> <br />8505 Chancellor Row, Dalias, TX 75247 <br /> <br />, hereinatter <br />referred to as the Principal, and Western Surety Company, P.O. Box 5077, Sioux Falis, SD 57117-5077 <br /> <br />as Surety, are held and firmly bound unto City of Sunny Isles Beach <br />of 18070 Collins Ave., Sunny Isles Beach, FL 33160 <br /> <br />, hereinatter <br />referred to as the Obligee, in the sum of Three Hundred Thirty Four Thousand Six Hundred Twenty Three and no/100-.. <br /> <br />Doliars ($ 334,623.00 ), for the payment of which we bind ourselves, our legal representatives, successors <br />and assigns, jointly and severaliy, firmly by these presents. <br /> <br />WHEREAS, Principal has entered into a contract with Obligee, dated the day of <br />, for Contract No. C1112-008, Golden Shores Park located at 191st Terrace and Heritage Park <br />located at 19200 Coliins Ave. - Sunny Isles Beach, FL <br /> <br />NOW, THEREFORE, if the Principal shali faithfully perform such contract or shali indemnify and save harmless <br />the Obligee from ali cost and damage by reason of Principal's failure so to do, then this obligation shall be nuli and <br />void; otherwise it shali remain in full force and effect. <br /> <br />ANY PROCEEDING, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in <br />the location in which the work or part of the work is located and shall be instituted within two years atter Contractor <br />Default or within two years atter the Contractor ceased working or within two years atter the Surety refuses or fails <br />to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or <br />prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit <br />shall be applicable. <br /> <br />NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the <br />Obligee named herein or the heirs, executors, administrators or successors of the Obligee. <br /> <br />SIGNED, SEALED AND DATED this <br /> <br />24th <br /> <br />day of <br /> <br />January <br /> <br />2012 <br /> <br />US <br /> <br />& Fabric Structures, Inc. <br />(Prin . al) <br /> <br />By <br /> <br /> <br />(Seal) <br /> <br />By <br /> <br />, <br /> <br />~Seal) <br />Attorney-in-Fact <br /> <br />Form F4597 <br />