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PERFORMANCE BOND ROADS AND ASSOCIATED DRAINAGE IMPROVEMENTS (Sussex County Council)

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PERFORMANCE BOND
ROADS AND ASSOCIATED DRAINAGE 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 private roads and the associated
drainage 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: ________________________________
SURETY
Name of Surety
Attorney in Fact
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PERFORMANCE BOND ROADS AND ASSOCIATED DRAINAGE IMPROVEMENTS (Sussex County Council)

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Completed 18 July 2020

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