PERFORMANCE BOND
FORESTED OR LANDSCAPED BUFFER STRIPS, OPEN SPACE, AMENITIES, AND/OR
OTHER IMPROVEMENTS
A BOND TO ACCOMPANY AND FOR:
AGREEMENT NO.: ____________________
AGREEMENT NAME: __________________________________
___________________________________________________________________ (Developer)
___________________________________________________________ (Street or Post Office
Box) ________________________________________________________ (City or Town) in the
County of _____________________________________________________ and State of
______________ as principal and _______________________________________ (Surety)
___________________________________________________ (Street or Post Office Box) in the
County of __________________________ and State of _________________________ as
surety legally authorized to do business in the State of Delaware, are held firmly bound unto the
Sussex County Council, or the County Officers thereof, in the sum of
__________________________________________________________________ Dollars
($_________________), to be paid to the said Sussex County Council, for the uses hereinafter
stated, for which payment well and truly to be made, we do bind ourselves, our and each and
every of our heirs, executors, administrators, successors, and assigns jointly and severally for
and in the whole firmly by these presents.
NOW THE CONDITION OF THIS OBLIGATION IS SUCH THAT: If the above said Developer,
who has an AGREEMENT with Sussex County of the State of Delaware, a certain AGREEMENT
designated by the parties thereto as AGREEMENT NO. ________________________________
______________________________________ (development), with plans and specifications
approved by the Sussex County Engineering Department, Sussex County Council and/or Sussex
County Planning and Zoning Commission that require materials, labor, construction, construction
administration and construction inspection necessary for forested or landscaped buffer strips,
open space, amenities, and/or other improvements deemed necessary by the Sussex County
Engineering Department, Sussex County Council, and/or Sussex County Planning and Zoning
Commission (the "Work") shall well and truly provide and furnish all the materials, appliances and
tools and perform all the Work required under and pursuant to the terms and conditions of said
AGREEMENT, and of the proposal, plans and specifications contained therein, shall also
indemnify and keep harmless the said County Council and Councilmembers thereof, from all
costs, damages, and expenses growing out of or by reason of the Work and completion of the
above mentioned AGREEMENT, and shall also well and truly pay all and every person furnishing
material or performing labor in and about said AGREEMENT, all and every sum or sums of money
due him, them or any of them, for all such labor and materials for which the AGREEMENT is
liable; then this obligation shall be void or else to be and remain in full force and virtue. In the
event that the funds received by Sussex County Council pursuant to this Bond are insufficient to
complete the Work or to furnish the materials which the Developer is obligated to provide, and
Sussex County shall incur any costs of any nature whatsoever to administer the funds or complete
the Work or furnish the materials, Sussex County shall have the right to seek reimbursement from
the Developer, including, without limitation, the right to bring an action to recover such costs in the
appropriate Court of the State of Delaware located in Sussex County. In such event, Developer
shall be liable not only for the principal due, but also reasonable attorney’s fees and costs incurred
by Sussex County.
Sealed with our Seals and dated this _____ day of _____ in the year of _____
SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF:
DEVELOPER
Corporate Seal
ATTEST: ______________ (Name of Developer) By: _______________Title ________________
Corporate Seal
ATTEST: ______________________________ By:__________________________________
Name of Surety
SURETY
Attorney in Fact