S Purchasing - Brooks General Contractors West Ten Soccer Center Phase II

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FORM OF PERFORMANCE BOND December 13, 2007 Date of Contract: Date Of EXeCUtIOn: December 14, 2007 Name of Principal Brooks Lumber Company, Inc., dba Brooks General Contractors (Contractor) Name Qf Surety: Great American Insurance Company Name of Contracting Orange County, Norfi Carolina Body . One million six hundred sixty thousand nine hundred thirty-three dollars Amount of Bond : ($1,660,933.00) West Ten Soccer Center -Phase II Project KNOW ALL MEN BY THESE PRESENTS, that we, the principal and surety above named, are held and firmly bound unto the above named contracting body, hereinafter called the contracting body, in the penal sum of the amount stated above for the payment of which sum .well and truly to be made, we bind, ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal entered into a certain contract with the contracting body, identified as shown above and hereto attached:. NOW, THEREFORE, if the principal shall well and truly perform and. fulfill all the undertakings, covenants, terms, conditions and agreements of said contract during the original term of said contract and any extensions thereof that may be granted by the contracting body, with or without notice to the surety, and during the life of any guaranty required. under. the contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said contract that may hereafter be made,. notice of which modifications to the surety being hereby waived, then, this obligation to be void; otherwise to remain in full force and virtue. ~ :,~. IN WITNESS WHEREOF,. the above-bounden parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its .undersigned representative, pursuant to authority of its governing body. Executed in four (4) counterparts.