Performance BondHEAD OFFICE. PHILADELPHIA, PENNSYLVANIA
PERFORMANCE BOND
The American Institute of Architects, A I A Document A311, February 1970 Edition.
KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor)
Spring Creek Development, L.L.C., 608 E. Holland Ave., Spokane, WA 99218
as Principal, hereinafter called Contractor, and, RELIANCE INSURANCE COMPANY, a corporation of the State of Pennsylvania, with
its Head Office at Philadelphia, Pennsylvania, as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name
and address or legal title of Owner)
City of Kalispell, P. 0. Box 1997, Kalispell, MT 59903-1997
as Obligee, hereinafter called Owner, in the amount of
--One Hundred Thirty Five Thousand and No/100--
Dollars ($135 , 000.00 ), for the payment whereof Contractor
and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated January 22, 19 97 , entered into a contract with Owner for
Improvements in Accordance with Permit Documents for Hampton Inn Construction on
Tract #1, Certificate of Survey #12841 per Public Improvement Completion Agreement
in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION 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, r 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 determination 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 de-
fault or a succession of 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 which the Surety may
be liable hereunder, the amount set forth in the first 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 date on which final payment under the
contract faits 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, administrators or successors lof Owner.
Signed and sealed this 22nd
(Witness)
day of January -
19 97.
SPRING CREEK DEVELOPMENT, L.L.C. (Seal)
IF, )
(Title)
RELIANCEINSURANCE COMPANY
lWitness)
ormance Bond
(W./i.'edto February, 1970
SB 5715ax (1) Printed in U.S.A.
Walter W. Wolf, (Ttfe}Atto ey—in—Fact
HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA
Bond No. B2414620
LABOR AND MATERIAL PAYMENT BOND
The American Institute of Architects, AIA Document A311, February 1970 Edition.
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor)
Spring Creek Development, L.L.C., 608 E. Holland Ave., Spokane, WA 99218
as Principal, hereinafter called Principal, and, RELIANCE INSURANCE COMPANY, a corporation of the State of Pennsylvania, with
its Head Office at Philadelphia, Pennsylvania, as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full
name and address or legal title of Owner)
City of Kalispell, P. 0. Box 1997, Kalispell, MT 59903-1997
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of
--One Hundred Thirty Five Thousand and No/100--
Dollars ($135 , 000.00 ),
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS, Principal has by written agreement dated
Owner for
Improvements in Accordance with Permit
Tract #1, Certificate of Survey #12841
January 22, 19 97 , entered into a contract with
Documents for Hampton Inn Construction on
per Public Improvement Completion Agreement
in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all
claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract,
then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions:
1. A claimant is defined as;,one having a direct contract with the Principal or with a Subcontractor of the Principal for labor,
material, or both, used or reaso ably,_required for use in the,performance of the Contract, labor and material being construed to in-
clude that part ofwwater, gas, power, ,light, heat, oil, gasoline=,,telephone service or rental of equipment directly applicable to the
Contract.
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined,
who 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
work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant,
prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall
not be liable for the payment of any costs or expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant:
a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the
following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last
of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy 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 performed. Such
notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal,
Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which
legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public
officer.
b) After the expiration of one (1) year following the date on which Principal eased work on said Contract, it being understood,
however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall
be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law.
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
project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof,
is situated, and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, in-
clusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for
the amount of such lien be presented under and against this bond.
Signed and sealed this 22nd day of January 1997.
(Witness)
SPRING CREEK DEVELOPMENT, L.L.C. (Sea()
(Principal)
B "
(Title)
RELIANCE INSURANCE COMPANY
dz-
(Witness) Walter W -. Wolf , ey-in fact
Df"i
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