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CASH COMPLETION BOND WORK WITHIN
THE RIGHT OF WAY OR EASEMENTS
KNOW ALL MEN BY THESE PRESENTS, That _____________________________________,
hereinafter called Owner, is held and firmly bound unto the County of Pinellas, a political
division of the State of Florida, hereinafter called County, or its successor in interest in the event
of annexation by a municipality, in the sum as shown on the attached check number
________________ drawn on __________ _____________________ _____ _____
,
located at ___________________________________________________________________
in the sum of _________________________
($ ) cash bond to be
deposited with Pinellas County and to be forfeited to the County if all terms of this agreement
are not completed to the satisfaction of the County, for the payment of which we bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, Owner has applied to the County for approval of a Right-of-way Utilization
permit for work within the right-of-way or easement for the site known as
__________________________________________________ and has agreed, as a condition
to the approval of said permit by the County, to construct the improvements set forth on the
approved Permit and its accompanying plans and hereby made a part hereof by reference
thereto, which improvements consist of _________________________________________
________________________________________________________________________; and
WHEREAS, the approval of said permit by the County is further conditioned upon the
furnishing of an adequate surety cash bond to the County.
NOW, THEREFORE, the condition of this obligation is such that if the Owner shall in all
respect comply with the terms and conditions of the approval of said permit, these conditions
being more specifically the completion of the improvements, in accordance with the Pinellas
County Land Development Code in regard to improvements and according to the plans,
specifications, and schedules covering said work, and such approved additions, amendments,
or alterations as may be made in the plans, specifications, and schedules covering said work,
and such approved additions, amendments, or alterations as may be made in the plans,
specifications and schedules for such work as approved by the County, and shall complete all of
said work on or before __________________________________, then this obligation shall be
void, otherwise remaining in full force and effect.
WHEREAS, the County shall notify the Owner in writing of any items that need to be
completed for the acceptance of the improvements by Pinellas County for which the Owner is
responsible and shall specify in said notice a reasonable period of time within which Owner shall
have to complete or correct said improvements.
WHEREAS, Owner unconditionally covenants and agrees that if it fails to complete or
correct said improvements, within the time specified, the Owner, upon thirty (30) days written
notice from the County, its authorized agent or officers, will forthwith complete or correct such
improvements and pay the cost thereof, including but not limited to engineering, legal and
contingent cost. Should the Owner fail or refuse to complete or correct said improvements, the
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County, in view of the public interest, health, safety, welfare and factors involved, and the
consideration in approving and accepting the said improvements, shall have the right to resort to
any and all legal remedies against the Owner and either, both at law and in equity, including
specifically, completion, repair, or replacement of said improvements to which the Owner
unconditionally agrees; and
WHEREAS, Owner, for value received, hereby stipulates and agrees that no change
involving an extension of time, alterations or additions to the terms of the work to be performed
or materials to be furnished thereunder, or in the plans, specifications and schedules covering
same, shall any wise affect said obligation of said Owner on this cash bond and said Owner
does hereby waive any notice of any such changes, extension of time, alterations or additions to
the improvements or of the plans, specifications and schedules.
Owner agrees that the County, at its option, shall have the right to complete or correct
said improvements or cause to be completed or corrected the improvements in case the Owner
shall fail or refuse to do so, using cash bond funds, and in the event the County should exercise
and give effect to such right, Owner shall be bound hereunder to reimburse the County the total
cost thereof, including, but not limited to, engineering, legal and contingent cost, together with
any damages either direct or consequent which may be sustained on account of the failure of
the Owner to complete or correct the improvements.
IN WITNESS WHEREOF, Owner has caused these presents to be duly executed on the
_______ day of ____________________, 20___.
(Corporation name) By:
(Printed name and title)
(Seal)
Attest:
By:
As it’s agent and Attorney in fact
(Corporate Seal)
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CASH COMPLETION BOND WORK WITHIN
THE RIGHT OF WAY OR EASEMENTS
KNOW ALL MEN BY THESE PRESENTS, that (Owner/Developer’s Full Name, Address
and Phone Number), hereinafter called Owner, is held and firmly bound unto the County of
Pinellas, a political division of the State of Florida, hereinafter called County, or its successor in
interest in the event of annexation by a municipality, in the sum as shown on the attached check
#______ drawn on ( ______ Bank ), located at ( Address, City, State) in the
sum of ( Written amount ) ($0000.00) cash bond to be deposited with
Pinellas County and to be forfeited to the County if all terms of this agreement are not
completed to the satisfaction of the County, for the payment of which we bind ourselves, our
heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
presents.
WHEREAS, Owner has applied to the County for approval of a Right-of-way Utilization
permit for work within the right-of-way or easement for the site known as (Permit Number and
name of site as shown on plans) and has agreed, as a condition to the approval of said permit
by the County, to construct the improvements set forth on the approved Permit and its
accompanying plans and hereby made a part hereof by reference thereto, which improvements
consist of (list what bond covers); and
WHEREAS, the approval of said permit by the County is further conditioned upon the
furnishing of an adequate surety cash bond to the County.
NOW, THEREFORE, the condition of this obligation is such that if the Owner shall in all
respect comply with the terms and conditions of the approval of said permit, these conditions
being more specifically the completion of the improvements, in accordance with the Pinellas
County Land Development Code in regard to improvements and according to the plans,
specifications, and schedules covering said work, and such approved additions, amendments,
or alterations as may be made in the plans, specifications, and schedules covering said work,
and such approved additions, amendments, or alterations as may be made in the plans,
specifications and schedules for such work as approved by the County, and shall complete all of
said work on or before (State date work should be completed by), then this obligation shall be
void, otherwise remaining in full force and effect.
WHEREAS, the County shall notify the Owner in writing of any items that need to be
completed for the acceptance of the improvements by Pinellas County for which the Owner is
responsible and shall specify in said notice a reasonable period of time within which Owner shall
have to complete or correct said improvements.
WHEREAS, Owner unconditionally covenants and agrees that if it fails to complete or
correct said improvements, within the time specified, the Owner, upon thirty (30) days written
notice from the County, its authorized agent or officers, will forthwith complete or correct such
improvements and pay the cost thereof, including but not limited to engineering, legal and
contingent cost. Should the Owner fail or refuse to complete or correct said improvements, the
County, in view of the public interest, health, safety, welfare and factors involved, and the
consideration in approving and accepting the said improvements, shall have the right to resort to
any and all legal remedies against the Owner and either, both at law and in equity, including
specifically, completion, repair, or replacement of said improvements to which the Owner
unconditionally agrees; and
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WHEREAS, Owner, for value received, hereby stipulates and agrees that no change
involving an extension of time, alterations or additions to the terms of the work to be performed
or materials to be furnished thereunder, or in the plans, specifications and schedules covering
same, shall any wise affect said obligation of said Owner on this cash bond and said Owner
does hereby waive any notice of any such changes, extension of time, alterations or additions to
the improvements or of the plans, specifications and schedules.
Owner agrees that the County, at its option, shall have the right to complete or correct
said improvements or cause to be completed or corrected the improvements in case the Owner
shall fail or refuse to do so, using cash bond funds, and in the event the County should exercise
and give effect to such right, Owner shall be bound hereunder to reimburse the County the total
cost thereof, including, but not limited to, engineering, legal and contingent cost, together with
any damages either direct or consequent which may be sustained on account of the failure of
the Owner to complete or correct the improvements.
IN WITNESS WHEREOF, Owner has caused these presents to be duly executed on the
_______ day of ____________________, 20___.
(Corporation name) By:
(Printed name and title)
(Seal)
Attest:
By:
As it’s agent and Attorney in fact
(Corporate Seal)
S:\Divisions\Engineering\ENGINEER\HIGHWAY\Bonds\FORMS\Cash Completion Bond.docx