§ 13. Construction bond.

(a)

Except in the case of an emergency, as described in subsection 8(b) of this appendix, prior to performing any work in the public rights-of-way, a registrant shall establish in the town's favor a construction bond in an amount specified in an engineering permit or other authorization as necessary to ensure the registrant's faithful performance of the construction in the public rights-of-way, in accordance with applicable sections of the Town Code. The amount of the construction bond shall be as set forth in the engineering permit, and may be modified in the town manager's reasonable discretion, based on the cost of the restoration to take place in the public rights-of-way, and any previous history of the registrant concerning restoration within the public rights-of-way of the town. The town, in its discretion, may request a certified estimate of the cost of restoration by a Florida registered professional civil engineer or certified by a person who is exempt from such requirements as provided in F.S. § 471.003.

(b)

In the event a registrant subject to such a construction bond fails to complete the work in a safe, timely and competent manner in accordance with the provisions of the permit, there shall be recoverable, jointly and severally from the principal and surety of the bond, any damages or loss suffered by the Town as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the registrant, or die cost of completing the work, plus a reasonable allowance for attorneys' fees, up to the full amount of the bond.

(c)

Twelve months after completion of the construction and satisfaction of all obligations in accordance with the bond, the town shall eliminate other law, and no action, proceeding or exercise of a right with respect to the construction bond will affect any other right the town may have.

(Ord. No. 01-3, § 1, 10-19-01)