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PERFORmANUE BVND <br />City of Sunny Isles MeacR <br />18070 CvWl: Memo <br />pi Fro -`Q �` Senny hlou Ba..ch. FL 33160 <br />r De -uw • � viepllvna;. �a0a7 !!.� w0017 r�R: tu179! 9ya•3 i i3 <br />FORM OF PERFORMANCE BOND <br />KNOW ALL MEN BY THESE PRESENTS: <br />That, pursuant to the requirements of Florida Statute 255.05, we, <br />as Principal, hereinafter called <br />Contractor, arid , as Surety, are bound to the City of Sunny <br />Isles SeacR, Florida, as U ligee, Rereinaner called City, in Me amount or <br />Dollars ($ ) Tor tRe payment wnereor Contractor ana surety Bina iRern„ci.v3, tMoir Maim, <br />executors, administrators, successors and assigns, jointly anti severally. <br />WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No, awarded the <br />say oT , ZU , witri in accordance with contract documents prepared by the City <br />or sunny isles Beacn, wRicn Cm -trust i3 o„ roTc7,once made a part hereof, and is hereafter referred to as the <br />Contract; <br />THE CONDITION OF THIS BOND is that if the Contractor: <br />1. Fully performs the Contract between the Contractor and the City for services described within (Bid No. <br />) witPiin calendar days after the date of Contract commencement as specified in the <br />Notice to rrroceed ant] in ine manner prescribed in IMv C.51, ot; and <br />2. Indemnifies and pays City all losses, damages (specifically incluaaing, But not limited to, damages Tor <br />delay and other consequential damages caused by or arising out of the acts, omissions or negligence or <br />Contractor), expenses, costs and attomey's fees including attorney's fees incurred in appellate proceedings, that <br />City sestains because of default by Contractor under the Contract; and <br />3. Upon notincation By Me t:.ity corrects any and ail nerective or Taal[, vvvm yr Tutcri.le nivR -ppear within <br />one and one half (i ilc) years, and: <br />4. Performs the guarantee of all Work and materials furnished under the Contract for the time specifieu in <br />the Contract, then this Bond is void, otherwise it remains in full force. Whenever Contractor shall be, and <br />t9oelarve By City to De, in avraelt under the Contract, the City having performed City's obligations there under, the <br />surety may promptly remedy Me avT.alt, o. 3fia11 promptly: <br />4.1. Complete the Contract in accorance witR its terms and conditions; or <br />4.2. Obtain a Bid or Bids for completing the Contract in accordance with its terms and conditions, <br />and upon determination by Surety of the best, lowest, qualified, responsible and responsive <br />Propv. ur., v,, iT trio City elcot3, span determination by the City, and Surety'ointly of the best, <br />lowest, qualirled, responsiBle and rc.poriziry Prvpo3v.., arrUMga Tor a Contract between such <br />Proposers ant] City, ana make available as vvoRt progresses seven tRougR there Moula By u <br />default or a succession of defaults under tRe contract or Contracts or completion arranged <br />under this paragraph) sufficient funds to pay the cost of completion less tite Balance of Me <br />Contract Price; but not exceeding, including other costs and damages for which the Surety <br />may Be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance <br />or tRe Contract P. ice.” az ;--od i.. t% par.grapR, shall mean the total amount payable by City <br />to Contractor under Me Contract and any amendments tRvrcto, lo�3 tRe amount properly paid <br />by City to Contractor. <br />No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City <br />rlunlva Rervirn. <br />9 cR .a <br />Lukes` Landscupiurio Inc. <br />M/ <br />