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<br /> UNITED STATES FIDELI ,,,i L-k, UARANTY COMPANY m•• •
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<br /> (A Stock Company)
<br /> LABOR AND MATERIAL PAYMENT BOND
<br /> Approved by The American Institute of Architects
<br /> A.I.A.Document No.A-311(February 1970 Edition)
<br /> Le
<br /> KNOW ALL MEN BY THESE PRESENTS: BOND NUMBER
<br /> That Industrial Maintenance & Supply Inc.
<br /> P. O. Box 513, Haw River, North Carolina 27258
<br /> as Principal,
<br /> 14 hereinafter called Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws
<br /> of the State of Maryland, Baltimore, Maryland as Surety, hereinafter called Surety, are held and firmly bound unto County of Orange
<br /> N..C.,..0xange.eounty.Courthouse÷.106.2...0Argaxe.t.LauP., Hill. koromgh, N.C.
<br /> as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Thirteen Thousand!
<br /> Dollars and no/100 Dollars($ 13,000.00
<br /> ).
<br /> for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
<br /> severally,firmly by these presents.
<br /> ..1
<br /> WHEREAS,Principal has by written agreement dated March 20 1985,entered into a contract with Owner for 1
<br /> .... .
<br /> Plumbing Renovations to Orange County Historic Courthouse, Hillsborough, N.C. .. ,
<br /> ....
<br /> in accordance with drawings and specifications prepared by Roman Kolidij, James M. Webb, 201 E. Rosemary
<br /> (Here insert full name,title and address) :3 .
<br /> Street, Chapel Hill, North Carolina 27278 t
<br /> L.: which contract is by reference made a part
<br /> hereof,and Is hereinafter referred to as the Contract.
<br /> .:,
<br /> NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make payment to all
<br /> .'i.:
<br /> claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract,then this
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<br /> obligation shall be void; otherwise it shall remain in full force and effect,subject, however,to the following conditions:
<br /> -..:
<br /> (1)A claimant is defined as one having a direct contract with the Principal or with a sub-contractor of the Principal for labor, material, :11
<br /> i...- or both, used or reasonably required for use in the performance of the contract, labor and material being construed to include that
<br /> part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract.
<br /> .....
<br /> ..:-,••
<br /> (2) The above-named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who --
<br /> has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's
<br /> .t. work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such --r:
<br /> claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant,and have execution thereon.The
<br /> Owner shall not be liable for the payment of any costs or expenses of any such suit.
<br /> _
<br /> ;-: (3) Na suit or action shall be commenced hereunder by any claimant,
<br /> It (a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the ,..z.-
<br /> following: The Principal, the Owner, or the Surety above named,within ninety(90)days after such claimant did or performed the -:-.
<br /> "..z. last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy
<br /> the amount claimed and the name of the party to whom the materials were furnished,or for whom the work or labor was done or -4
<br /> ,...;. performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope
<br /> addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business,
<br /> .•:.
<br /> :•:-.. or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that
<br /> ,:. such service need not be made by a public officer.
<br /> (b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, 1 I
<br /> ... however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation; 1
<br /> shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. . - .. .-
<br /> -.:.. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state,in which the . ...• _
<br /> ..", project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part
<br /> thereof,is situated,and not elsewhere. -
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<br /> *: (4) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith heriunder, inclusive... ib•-: II'
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<br /> ... of the payment by Surety of mechanics' liens which may be filed of record against said Improvement, whether or not claim for the - -
<br /> e.•• amount of such lien be presented under and against this bond. - _
<br /> :.,•• -
<br /> _-
<br /> 8. te=.'-•
<br /> Signed and sealed this 20th March ... 19 5 day of ...
<br /> .:,.,
<br /> Industr"al M • tenance & Supply Iric-....„
<br /> ....
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<br /> e: (Witness)
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<br /> UNITED STATES FIDELITY AND UARANTY PAN f: -- -z- E
<br /> tzeaat-ge.e. . . . _ ,--:=Ase ali
<br /> (witness) BY. _ ,..
<br /> Alan Hall Crouch (Attorney-in:-fadt_)<•-.
<br /> -_ '
<br /> This bond Is issued simultaneously with performance bond In favor of the Owner conditioned on the full and faithful performance of the contract •; - -., - 0
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<br /> , i • TIMM nfgragita;MBIRMINKNMP4t.'••' tit.,4t;.'3d,.''„?..,r'''.:;:aff'itlattiMMIMMOMAMMITAARMan.
<br /> Contract 211-A (2-707 0 1,1:*
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