Reso 2011-1727 - Laserfiche WebLink

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able to sureties as a defense in the jurisdiction of the suit shall be applicable. 12.o Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 12.oWhen this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.4 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con- tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: * ** SEE RIDER ATTACHED * ** (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Namin Constructf Co.INa In . l I' Signature: Name and Title: Behiad I ,Pre nt Address: 1951 N.W. 141st Street, Bay #9 Opa Locka, FL 33054 SURETY Company: (Corporate Seal) SureTec Insurance ,c0pany Signature: 10L Name and T' 4e:Burton Harris, Attorney -In -Fact & Address: Fla. Resident Agent No.: A111883 AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND • • DECEMBER 1984 ED. • AIA ® A312 -1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING - MARCH 1987