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HomeMy WebLinkAbout20120144 Ver 2_DWR signed Bond 2015_20150810PERFORMANCE BOND Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 Bond No.106287502 KNOW ALL MEN BY THESE PRESENTS, that we, Wildlands Hoidinas 11, LLC, Charlotte. NC as Principal, and Travelers Casualty and Surety Comoanv of America, licensed to do business in the State of, North Carolina as Surety, are held and firmly bound unto North Carolina Department of Environment and Natural Resources — Division of Water Resources (Obligee), in the penal sum of One Hundred Fiftv Thousand & no /100 Dollars (S 150.000.00 ), lawful money of the United States of America, for the payment of which sum, well and truly to be made, the Principal and Surety do bind themselves, their heirs, executors, administrators, and successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the above bounden Principal has entered into certain written Agreement with the above named Obligee, effective the 2 day of April. 2015, for Carawav Creek Bank Parcel — WEI Neuse 01 Rioarian Buffer & Nutrient Umbrella Mitigation Bank located in a rural watershed within the Neuse River Basin in the State of North Carolina. United States Geological Survev I "USGS "1 Hvdrolonic Unit Code 03020201 and within sub -basin 03 -04 -12 and more fully described in said Agreement, a copy of which is attached, which Agreement is made a part hereof and incorporated herein by reference, except that nothing said therein shall alter, enlarge, expand or otherwise modify the term of the bond as set out below. NOW, THEREFORE, if Principal, its executors, administrators, successors and assigns shall promptly and faithfully perform the Contract, according to the terms, stipulations or conditions thereof, then this obligation shall become null and void, otherwise to remain in full force and effect. This bond is executed by the Surety and accepted by the Obligee subject to the following express condition: Notwithstanding the provisions of the Agreement, this bond will commence on the date of approval of the Caraway Creek Bank Parcel Development Plan and will terminate upon approval of As -Built Report by the North Carolina Department of Environment and Natural Resources, but may be extended by the Surety at its sole option by Continuation Certificate. However, neither nonrenewal by the Surety, nor the failure or inability of the Principal to file a replacement bond in the event of nonrenewal, shall itself constitute a loss to the Obligee recoverable under this bond or any renewal or continuation thereof. The liability of the Surety under this bond and all Continuation Certificates issued in connection therewith shall not be cumulative and shall in no event exceed the amount as set forth in this bond or in any additions, riders, or endorsements properly issued by the Surety as supplements thereto. Sealed with our seals and dated this 17 day of July. 2015. i s 'v Witness Agreed aPd acknowledged this _]D r y of , 2015 By:QN� U S -5025 (08 -99) a Obligee INC. Travelers Casualtv and Surety Comoan of America be L A may 4309 Emperor Blvd., Suite 300 Durham, NC 27703