Fillable WARRANTY PERFORMANCE BOND (Developer) (Sussex County Council)

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WARRANTY PERFORMANCE BOND (Developer) (Sussex County Council)

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WARRANTY PERFORMANCE BOND
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, effective upon the date of issuance of Substantial
Completion or upon the date this Bond is executed, whichever later occurs.
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, water supply facilities, wastewater or sanitary sewer facilities, 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, shall also remedy any defects or issues with
respect to the Work, and the proposal, plans, and specifications contained therein that are
discovered by Sussex County prior to the issuance of Final Acceptance, 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 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
SURETY
Corporate Seal
(Name of Surety) By: ATTEST:
(Attorney in Fact) Signature of Delaware Resident Agent
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WARRANTY PERFORMANCE BOND (Developer) (Sussex County Council)

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Completed 18 July 2020

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