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181ST ACTIVE PARK DRIVE APRIL 10,2005
<br /> I. The Contractor and the Surety,jointly and severely,bird themselves,their further notice the Owner Shall be entitled TO enface any remedy available to the
<br /> help, canton, adminratratonr, suceaten end amigos to the Owner for the Owner,
<br /> performance of the Coesnucdoe Contra, which le incorporated herein by 6. After the Owner has Menthated the Cantor's right m complete A^
<br /> m(mtnco. Conaeucden Contract,and if die Surly elects to cot under Subpngmph 4
<br /> 2. If the Contractor perfoMs the Cwaouaioo Contract, the Surety and the 4.2,or 4.3 above,then the eaprnmlbillties of the Surety In the Owner shall not I.
<br /> Contractor shall have no obligation under this Bond, except ea participate in wen than those of the Contractor Beds the Cwttaiae Contract, and the I
<br /> conferences as provided In Subparagraph 3.1. re ponelbin6o of the Weer to the Surety shall not be greater then thea of the
<br /> 3. If then is no Owner Default, the Surely's obligation under this Bond shall Owner under the Construction Contract. To the limit of the amount of this Bond,
<br /> arise after but subject to oommitmo t by the Oats of the Balance of the Contract Aim to
<br /> 3.1. The Oona has notified the Contractor and the Sway at its ddsras mldgadon of casts and damages on the Constmnice Carat the Swety Is
<br /> described in Paragraph 10 below, to the Owner is considering obligated without dupliadon(ore I
<br /> declaring a Conant Default end has requested and attempted to 6.1. The responsibilities of the Contractor for correction of defective i
<br /> snore a canfaana with the Canners and the Surety to be held work andeompltion of the Consmetian Contra;
<br /> not in then fifteen days alter receipt of such notice to discuu 6.2. Additional legs deign professional and delay costs resulting
<br /> methods of perfecting the Cwaudon Contact If the Owner, from the Contractors Default and resulting from the actions or I
<br /> the Contractor and the Swety agree, the Contactor shall be failure m set of the Surety under Paragraph 4: and
<br /> allowed a reasonable dose to pert-one the Construction Cant, 6.3. Liquidated damage,or if no liquidated damages are specified in I
<br /> but Such an antme t shall not waive the Owner'e right, if any, the Construction Conn actual damages cathed by delayed
<br /> subsequently to decline a CaaeaarDefault; end performing arm-perfomanee of the Contactor.
<br /> 32, The Owner has deelatd a Contractor Default and formally 7. The Surety shall hurl he liable to the Ower Or others for obligations of the
<br /> terminated the Cmnaor's right to complete the contra. Suds Co ncter that are wanted to the Construction Contract,and the Balance ofthe
<br /> Contactor DefaaIt shall not be kneed earlier than twenty days Contact Price shall net be mined or set off on account of any such mutated
<br /> aper the Contactor id the Surety have received notice as obliptiot. No right of action shall accrue on this Bad to any paean or entity
<br /> provided in Subparagraph 3.1: and other than the Ownerar its heln,executers,adminhntms,orsucntson. '
<br /> 3.3. The Owner has agreed to pay the Balance of the Contract Price to 8. The Surety hereby waives notice of any change,mending changes of time.
<br /> the Surety In ecmdanee with the terra of tic Construction to the Commietkn Contract ono related subcontracts,parchae ordn and other I
<br /> Contract or to a connector selected to perform the Coruouetlon obligations,
<br /> Contract In accordance with the taw of the attract with the 9. Any proceeding legal or equitable, under this Bond may be instituted in
<br /> Owner. any cant of comtpeeentjuriadicrien in the location In which the work or par of I
<br /> d. When the Oona has satisfied the conditions of Paragraph 3, die Surety the wore is Imud and shall be imtind within two yen after Contactor I
<br /> shall promptly and at the Surety's expense it one of the following action Defwb or within San yon after the Contractor ceased working or within two
<br /> 4.1. Arrange for the Contractor,with man of the Owner, to perform yams after the Surety refuses or tub to perform iu obliged=under this Bond,
<br /> and cwplan the Construction Comet, or whichever ocean fine U the provision,of limn=available to aunts u le
<br /> 42, Dndermhe to perform and complete the Conmuetbn Contract defense in thejmiediction of the suit shag be appliabit
<br /> itself,through its agmts or trough independentemranoa: or 10. Notice to the Surely. the Owner or the Contactor shall be mailed ar
<br /> 4.3, Obtain bids or negotiated ptgmeah horn qualified contractors delivered to the edems shown m to eipptwo pegs
<br /> acceptable to the Owner for a contract for performance and I1. When this Band has beat furnished to comply with a statutory or other
<br /> minket.=of the Cmttuction Contra,tin get for a connect to legal requirement in the Imation where the construction was to be performer'
<br /> be prepared for execution by the Owner end the contractor selected any provision in this Bead conflicting with said now or legal requlreme
<br /> with the Owner's concurrence lobe seamed with performance sod shall be donned deleted 1mref em end provisions conforming to such emmary or
<br /> payment hauls executed by a qualified surety equivalent to the other legal requiwtmnn shall be deemed incipomd nth. The intent Is that
<br /> bonds Issued on the Construction Cane and pay to the Owner this Bond shall be cormud ES a aaturory bond and nor an conned law bead.
<br /> theamoum ofdwaga at described in Paragraph 6 in aces of the 12 Definitions.
<br /> Balance of the Contact Price*coned by the Owner resulting from 12.1. Balance of the Contract Price: The total amount payabk by the
<br /> the Cotr4nr's default: or Oona to the Cruor under the Cwncton Connect after all
<br /> 4.4. Waive Its right to perform and ewplae,arrange for completion proper Wjusnann tint been made, inclining *nominee to the
<br /> or obtain a new cannot and with msoaable promptness under Contactor of any mems received or to be received by the Owns
<br /> the eheumetanee: b inti mans of insurance m other gales for damages to which the
<br /> I. After investigation, deamac the amount for which k may Connector Is madded minced by all valid and proper payments
<br /> be liable to the Owner and,ea aeon as practicable afro the made to or on behalf of the Corner wider the Construction
<br /> amount is determined,under payment therefor to the Owner Contact
<br /> or 12.2. Coamrtbn Corwa: The agreement between the Owner and the I
<br /> 2. Deny liability In whole or In part and notify the Ower citing Contactor Identified on the si$Emc page,including all Contact
<br /> .ewers therefor. Demons and changes thereto.
<br /> 5. U the Surety deer not proceed we provided in Paapph 4 with reasonable 12.3. Contractor Dent Chumof the Contractor, which has neither
<br /> oneness,the Surety shall be decreed to hem am defauh on this gond fifteen days beremedied nor waived,to pafonn or otherwise to comply with
<br /> after receipt of an additional wrintn nuke from the O. to the Surety the tam of the Communion Connaec
<br /> demanding that the Surety perform Its Windom under this Bed, and Sc 114. Owner pothole PaIlw of the Owaer, which has neither bon I
<br /> Oona shag be entitled to enk, a any randy available to,the Owner. If the remedied nor waived. to pay en Cana as required by the
<br /> Sorry proceeds es provided in Subparagraph 4,4, and the Owner rains the Coanaim Contract or to perform and complete or comply with
<br /> payment tmdad or the Sun his denied liability,in whole or hi past,without the other tam thvcef.
<br /> (FORINFORMATION ONLY—Name,Address and Telephone)
<br /> AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect.En orModtrpart ):
<br /> Nielson, Alter & Associates, Inc. Miller, Legg Associates, Inc. , a i r Legg
<br /> 5979 Northwest 151st Street, #105 1800 North Douglas Road, Suite 200
<br /> Miami Lakes, Florida 33014 Pembroke Pines, Florida 33024
<br /> (305) 822-7800
<br /> 00601-2
<br /> 27CBC No. 1910-2&A(1984 Edition)
<br /> Prepared through thejoint efforts of the Surety Association of America,Engineers'Joint Contract Documents Committee,The Aaa¢isnd
<br /> General Contractors of America,American Institute of Arehhem,Amerlan Subconraerors Association,and the Associated Specialty
<br /> I.
<br /> Contactors.
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