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BK : 1651 PG : 1219
<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,
<br /> to the
<br /> following conditions :
<br /> 1 . Claimant is defined as one having a direct accuracy the amount claimed and the name of the party
<br /> contract with the Principal or with a Subcontractor of the to whom the materials were furnished , o for whom the
<br /> Principal for labor, material, or both , used or reasonably work or labor was done or performed . Such notice shall
<br /> required for use in the performance of the Contract , labor be served by mailing the same by registered mail or
<br /> and material being construed to include that part of certified mail, postage prepaid, in an envelope addressed
<br /> water, gas, power, light, heat, oil, gasoline, telephone to the Principal , Owner or Surety, at any place where an
<br /> service or rental of equipment directly applicable to the office is regularly maintained for the transaction
<br /> of
<br /> Contract. business , or served in any manner in which legal process
<br /> may be served in the state in which the aforesaid project
<br /> 2 . The above named Principal and Surety hereby is located , save that such service need not be made by a
<br /> jointly and severally agree with the Owner that every pubic o4icer .
<br /> claimant as herein defined , who has not been paid in full
<br /> before the expiration of a period of ninety ( 90) days after b) After the expiration of one I11 year following the date
<br /> the date on which the last of such claimant' s work or on which Principal ceased work on said Contract, it being
<br /> labor was done or performed, or materials were furnished understood , however, that if any limitation embodied in
<br /> by such claimant , may sue on this bond for the use of this bond is prohibited by any law controlling
<br /> the
<br /> such claimant, prosecute the suit to final judgment for construction hereof such limitation shall be deemed to be
<br /> such sum or sums as may be justly due claimant, and amended so as to be equal to the minimum period of
<br /> have execution thereon . The Owner shall not be liable limitation permitted by such law .
<br /> for the payment of any casts or expenses of any such
<br /> suit. c ) Other than in a state court of competent jurisdiction in
<br /> and for the county or other political subdivision of the
<br /> 3 . No suit or action shall be commenced hereunder by state in which the project, or any part thereof,
<br /> is
<br /> any claimant : situated , and not elsewhere.
<br /> a) Unless claimant, other than one having a direct 4 . The amount of this bond shall be reduced by and
<br /> to
<br /> contract with the Principal, shall have given written the extent of any payment or payments made in good
<br /> notice to any two of the following : the Principal , the with he eunder, inclusive of the payment by Surety
<br /> of
<br /> Owner, or the Surety above named , within ninety ( 90) mechanic ' s liens which may be filed of record against
<br /> days after such claimant did or performed the last of the said improvement, whether or not claim for the amount
<br /> work or labor, or furnished the last of the materials for of such lien be presented under and against this bond .
<br /> which said claim is made, stating with substantial
<br /> THIS BOND HEREBY IS AMENDED SO THAT THE PROVISIONS AND LIMITATIONS OF SECTION 255. 05 OR
<br /> SECTION 713. 23 FLORIDA STATUTES, WHICHEVER IS APPLICABLE, ARE INCORPORATED HEREIN By
<br /> REFERENCE.
<br /> Signed and sealed this 21 st day of October 2003.
<br /> Mid-State Mechanical of Vero Beach, Inc.
<br /> ( Principal ) ( Seal)
<br /> Witness)
<br /> Presioent
<br /> P
<br /> Fide)AW and De osit Com an of McFvin�VSt k /
<br /> ! Surety) t z" G i ' lSea4� '
<br /> le
<br /> (Witness)
<br /> Arthur K. Broder, Licensed resideNt ag nto ,A a
<br /> V
<br /> AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATER'Ai- PAYMENT BOND • AIA a I •'0• �
<br /> r a
<br /> A TRUE COPY
<br /> CERTIFICATION ON LAST PAGE
<br /> J , K . BARTON , CLERK
<br />
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