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Performance Bond . .. " THE AMERICAN INSTITUTE OF ARCHITECTS . AlA Document A311 Performance Bond BOND # 4574707 KNOW ALL MEN BY THESE PRESENTS: that BOB FLORENCE CONTRACTORS, INC. (Herr insrn full na_ and acIcIrrn or Irpl lillr of Contractor) 1934 So. Kansas Avenue Topeka, Kansas 66612 as Principal, hereinaftp.r called Contractor, and, HARTFORD ACCIDENT & INDEMNITY COMPANY CHrrr insrn full nalM and adclrfl5 or Irpl lillr of Surrty) P.O. Box 2927 Shawnee Mission, Kansas 66201 as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF SALINA, KANSAS (Herr insrn full MIM and adcIrrn or Irpl lillr of OwMr) City-County Building 300 West Ash, Salina, KS 67401 as Obligee, hereinafter called Owner, in the amount of FIVE THOUSAND SIX HUNDRED TWELVE DOLLARS AND 50/100--------- ----- Dollars ($ 5,612.50 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and seveially, firmly by these presents. WHEREAS, BOB FLORENCE CONTRACTORS, INC. Contractor has by written agreement dated May 20th 19 87, entered into a contract with Owner for tHrrr iftH'n full namr, acIcIrrn and MKriplion of projrcll wall rehab (stucco work)downtown redevelopment in accordance with Drawings and Specifications prepared by IHrrr inlerl futl namr and addrr.. or Irs.1 \Illr of Arch.lrcl) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AI4 DOCUMENT 4311 . PERfOR'I.\"'o.;CE BOND AND lABOR A~D MAHRIAl PAYME"T BOND. AlA @J HBRUARY 19-0 ED .THE AMfRIC....... INSTITUTE OF ARCHITECTS. 1~ \, :-;Y ^VI.. N.W., WASHINGTON, D. C. 20006 1 .' PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBlIG"TION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with Its terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of Signed and sealed this 1st ! ~~~ . (!) :bL \J!i .r-! .. . co (l) I" (Wjl",'~~) I>ll ..c "d Q) ~ tll) 'r-! i:Q ~ Q) +=> S o :.> defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for ~hich the Surety may be liable hereunder, the amount set forth in the fmt paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the dale on which final payment under the Contract falls due. No right of action shall accrue on thiS bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators or successors of the Owner. day of 19 87 June BOB FLORENCE CONTRACTORS, INC. I b . ;;/fkv D ACCIDENT & I DEMNITY COMPANY k~dl'~" Brenda Linze ) Atto~Y-in-Fact (Sr.,I) DOCUMENT Ull " PlRrORM"NCl BOND AND lABOR AND M"TERIM P"VMlNT BOND " All. (\J rfBRUARY 1CJ7U (()." THE AMERICAN INSTITUTE OF "RCHITECTS, 173S N.Y. AVE., N.W., WASHINGTON, D. C. 20006 2