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PERFORMANCE BOND WASTEWATER OR SANITARY SEWER FACILITIES (Sussex County Council)

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PERFORMANCE BOND
WASTEWATER OR SANITARY SEWER FACILITIES
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 wastewater or sanitary sewer facilities
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: ________________________________
Attorney in Fact
SURETY
Name of Surety
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PERFORMANCE BOND WASTEWATER OR SANITARY SEWER FACILITIES (Sussex County Council)

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Completed 18 July 2020

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