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UNITED STATES FI®EEI W11
<br />UARANTY COMPANY
<br />r /f % _d/
<br />40. (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 />KNOW ALL MEN BY THESE PRESENTS: BOND NUMBER 657012010623 -90 719 . . . . . . . . . ..... .
<br />That.. TW . ��LUTE- BUILDING - COMPANY,.. A , CORPORATION. - ORQMIZM ,AND.. EXISTING. UNDER.
<br />THE LAWS OF THE STATE OF NORTH CAROLINA
<br />....... .... I.. - ---------- - - - -- -- - ------ I................- - - - - -- -- - - ..................as Principal,
<br />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 ... . ................. .
<br />COUNTY..QF - ORANGE .......... . . . . . . .................. .
<br />............................... ...............................
<br />as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of.QNE. HUNDRED....
<br />NINETY.'-1'HOIJ51 y. QNE..HQNl3RED. - NZ"TY..k'XS1F---- ----------- . -. -- .Dollars ($.190,195.OQ ------
<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 />WHEREAS, Principal has by written agreement dated JUNE 26th 19 90, entered into a contract with Owner for
<br />ADDITIONS TO ORANGE COUNTY ANIMAL SHELTER
<br />in accordance with drawings and specifications prepared by.. GEORGE M SMART ARCHITECTS, INC.
<br />(Here insert full name, title and address)
<br />113 N. BOYLAN- AVE. RALEIGH, N.C. 27503 ...which contract is by reference made a part
<br />hereof, and is hereinafter referred to as the Contract.
<br />NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make payment to all
<br />claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this
<br />obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions;
<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,
<br />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 />(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 />work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such
<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 />(3) No suit or action shall be commenced hereunder by any claimant,
<br />(a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the
<br />following: The Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the
<br />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
<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 />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,
<br />however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation
<br />shall be deemed to be amended so as to be equal to the minimum period of Ijpiitation 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.
<br />(4) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive
<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 />amount of such lien be presented under and against this bond.
<br />Signed and sealed this ..... 26 -tb ....... ..day of -... J[JNE ........ ... , 1990.
<br />The _ RESOLUTE. Building ..C.omp arty, -:-
<br />E _
<br />i= By..... ---- - -..._ (Seal)
<br />(witness) D F. Anna, P esidet` Principal
<br />ED TAKES FID A GUARANTY`-CWPAN`m r
<br />,. _
<br />.............. By
<br />_dal? (witness)
<br />ATTORNEY—IN—FACT = �
<br />_ Thls bond is issued simultaneously with performance bond in favor of the Owner conditioned on the full and faithful performance of the Coetraotti
<br />tJ,
<br />Contract 211 -A (2 -70) Q
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