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<br /> LABOR AND MATERIAL PAYMENT BOND
<br /> NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if 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
<br /> the
<br /> Contract, then this obligation shall be void , otherwise it shall remain in full force and effect, subject, however, to the following
<br /> conditions:
<br /> 1 . A claimant is defined as one having a direct and , the name of the party to whom the
<br />materials were
<br /> contract with the Principal or with a Subcontractor of the furnished, or for ' whom the work or labor ' was
<br /> done or
<br /> Principal for , labor, material , or both , used or. reasonably performed . Such notice shall be served by mailing
<br /> the
<br /> required for use in the performance of the Contract, labor same by registered mail or certified mail, postage prepaid ,
<br /> and material being construed 'to include that part of water, in an envelope addressed to the Principal , Owner or Surety,
<br /> gas, power, light, heat, oil, gasoline, telephone service or at any place where an office is regularly maintained for the
<br /> rental of et( uipment directly applicable to the Contract. - transaction • of business, or served in any manner in which
<br /> 2. The above named Principal and Surety hereby jointly legal process may be servedin the state in which the
<br /> and severally agree with the Owner that every claimant as aforesaid project is located , save that such service need not
<br /> herein defined , who has not been paid in full before the be made by a public officer.
<br /> expiration of a period of ninety (90) days after the date on b) After the expiration of one (1 ) year following the date on
<br /> which the last of such claimants work or labor was done or which principal ceased Work on said Contract, it being
<br /> performed, or materials were furnished by such claimant, understood, however, that if any limitation embodied in this
<br /> may sue on this bond for the use of such claimant, bond is prohibited by any law controlling the
<br /> construction
<br /> prosecute the suit to final judgment for such sum or sums hereof such limitation shall be deemed to be amended so
<br /> as may be justly due claimant, and have execution thereon , as to be equal to the minimum period of limitation permitted
<br /> The owner Shall not be liable for the payment of any costs by such law.
<br /> or expenses of any such suit. c) Other than in state court of competent jurisdiction in
<br /> 3. No suit or action shall be commenced hereunder by and for the county or other political subdivision of the state
<br /> any claimant: in which the Project, or any part thereof, is situated , or in
<br /> a) Unless claimant, other than one having a direct the United States District . Court for the district in which the
<br /> contract with the Principal, shall have given written notice to Project, or any part thereof, is situated , and not elsewhere.
<br /> any two of the following : the Principal, the Owner, or the 4. The amount of this bond shall be reduced by and
<br /> Surety above named , within ninety (90) days after such to the extent of any payment or payments made in
<br /> good
<br /> :. claimant did4or performed the last of the work or labor, or faith hereunder, inclusive of the payment by
<br /> Surety or
<br /> I furnished the last of the materials for which said claim is mechanics' liens which may be filed of record against
<br /> said
<br /> made; stating with substantial accuracy the amount improvement, whether or not claim for the amount of such
<br /> claimed lien be presented under and against this bond .
<br /> "qSaJqVs&? Ijg this 14th day of July, 2008 .
<br /> cOmPly with section 25505 Florida
<br /> statutes, and any action instituted by a claimant under thisJ ` . " j '
<br /> {.ond for payment must be ih accordance with the notice and Jy
<br /> , tnie limitation provisions in Section 255 .05(2). Florida St
<br /> ATTEST:
<br /> n Gate General Contractors , Inc
<br /> (Princ(paqY: EA
<br /> (1Mtness) /A000X0
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<br /> WITNESS : Fidelity and Deposit Company of Maryland
<br /> (Surety) (Se
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<br /> YtAyj �HA
<br /> ,I .` - nl. tai B. i71F11S. N 'Y
<br /> (Title)
<br /> Brett Rosenhaus . Attorney-tYr� j I, "A a t �
<br /> AIA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND AIA
<br /> FEBRUARY 1970 ED. THE AMERICAN INSTITUTE OFARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006
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