Performance and Labor & Material Payment BondI , VL_
HEAD OFPICE. PHILAOELPHIA, PeNNSYLVANiA
PERFORMANCE BOND '
The American Institute of Architects, AIA Document A31 1, February 1970 Edition,
KNOW ALL MEN BY THESE PRESENTS: that (Here insert full narna and address or legal title of Contractor)
Spring Creek Development, L.L.C., 608 E. Holland Ave., gpokarLe, 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 Surely, hereinafter called Surety, are held and firmly bound unto (Here insert full name
and address or legal title of Owner) ' ; , y I *
City of Kalispell, . P., O. Box 1997, Kalispell, MT 59903-1997
as Obligee, hereinafter called Owner, in the amount of
--One Htindred Thirty Five Thousand and No/100--
Dol lars ($ 135 , 000 - 0d 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
Improvements in Accordance with Permit
Tract #1,,CertLficate of Survey #12841
January ZZ) 19 97 , entered into a contract with Owner for
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 contractls 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.
WheneverContractorshall be,''and'dec1'a:red'by"Owrar to I be in default under I the Copt I ract, 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 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 be6ean'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'ary)06nt 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 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, administrators or successors of Owner,
Signed and sealed this
(Witness)
lyformanceBond
Revised to Pubwary, 11370
SB 5715ax (1) Printed in U,S,A.
111)9-?304 r.0, 7.71
day of January
19 97.
SPRING CREEK DEVELOPMENT, L.L.C. (Seal)
o:l& (FlrincJpal)
4Title)
Mt:LIANCE INSURANCE COMFANY
Walter W. ITOU J -
W
HKAO OFFICE, PHILAPELPHiA PENNSYt_VANIA
4
Band No. B2414620
LABOR AND MATERIAL PAYMENT BOND
The American institute of Architects, AIA Dcrurnent A.311, February 1970 Edition.
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE PULL. AND FAITiIFUL, PERFORMANCE OF THE CONTRACT
KNOW ALL. MFN BY THESE PRES15NT5: that (Here insart 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 Sprety, herainafter -galled Surety, are held and firmly bound unto (Here insert full
name and 4Idei sm 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 here!nbeiow defined, in the amount of
—One, llundred Thirty Five Thousand and No/1.00— -
Dollars 1$1.35,000.00 ),
for the payment whereof Principal and Surety bind themselves, their heirs, exec,,ttors, administrators, successors and assigns, jointly
and wwmlly, firmly by these presents.
WHEREAS,'Principal 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 #l, Certificate of Survey #12841 per Public Improvement Completion Agreement
in accordance with Drawings and Specifications prepared by (Here Insert full name and Bddress 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 rewired 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,
,m,@terial, or both lased Qr reasonably required for use in the performance of the Contract, labor and material being construed to in-
clude that part of water, 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
workor 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 maybe 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.
I-- — -1 — I-- 1L 1 . 11il llw1;WV -ru I 1, Ul
''3, No suit or action shell be commenced hereunder by any claimant
a) Unim 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 old 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 ttw, work or labor was done or performed, Such
notice shall be served by mailing t1he 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 data on which Principal ceased work on said Contract, it being understood,
however, that if any limitation embodied in this bond is prohib;ied 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 Statez. District Court for the district in which the project, or any part thereof,
is situated, and n6i elwwhere.
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-
i;Jy61y0 9f 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,
(Witneis)
SPRING CREEK DEVELOPMENT, L.L.C. (seat)
(Principal)
RELIANCE INSURANQCOMPANY
Walter W. 'Wolf9 ADrGY-ln-fact
L*)or and MaterW Pejyment Bond
Revised to Febeuary, 1970
A
'LTANtt 14 ATIONAL'INADEMNITY COMPANY i f
unit ILI of IUL lu-ju VrIIWL:I\VILI11 VU1101 FrIn 11U, JUL0 'tut juJLi
F. UU
Labor and Material Payment pond
Revised to Febtuary, 1970
i
RELIANCE'NA'nONAi,'MENMTY'COM[PANY-
UNITED PACIFIC D&WRANCE COMPANY",
ISTWIVE 61FFICE,'PH'IL;OELI Aft, , PENIV Y,�LVANIA,,,,-'
�j
:,�,',POWER OF ATTORNE
.'E 'P'
KNOW ALL' MEN By,T,R SURETY COMPANY Is a 'corpof ation: duly organized under the laws of the State of D01-
1
a wam," and that RELIANCENNSUfiANCE COMPANY and UMT50 PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws
of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a Corporation duly organized under the laws of
" State of Wisconsin (herein collectively called 'i;lhe Companies") and that the Companies by Virtue of signature and seals do hareby make,
constitute and appoint' Judith' A, Rapp,, Wafter W. Wolf,,,jo Ann Mikkelsen, Judith C. Kaiser, of Spokane, Washington thair true and lawful
Attorilay(s)-in-Pact, to,maker, execute, sdal and'dipiltvar for and on their behalf, and as their act and dead any and all bands and undertakings of
suretyship and to bind the CoMpaniti*'ithereby is fully and to the same extent as If such bonds and undertakings and other writings obligatory in
the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies
and confirms all that their said Attorneyjs)-in-Favt may do in pursuance hereof-
. This Pgwcr of Attorney is granted 'under and by thi authority of Article V11 'of the By -Laws Of RELIANCE SURETY COMPANY, ,
RELIANCE ING-URA1409 COMPANY;,, UNIT[b PACIFIC INSURANCE COMFIANY.t and RELIANCE NATIONAL INDEMNITY COMPANY which
provisions are now in full force and effect, reading as follows:
ARTICLE VJI - EXEC010N OF BONDS AND UNDrRTAKINCiS, • 1. the Board of PiroclQrt, We �ihaltmm- af�,lhq lyo�d, any Senior Vica President, any VICO President at 4-1101W Vice Pridqnk -�,;)(W OfIkice dislanataq by the Board of
birertorsllhalf haYs power grid authority 6 appoint Xttoiney iv outhorUo them to aAsevie on behalf of the Como", bonds and undertakings, F4199011110114as, contritih of odamnlry t
'such ALQ)rjney(.Q,ln,I`30 at any tfrrd and revoke Ma power and authority giveh to them. I I l, 4, : .
and other itwitingtl ouligtilory in t1lid nature thefitf, end tbl to rcmovIei any �'A `1 tV
0 S. Artaro) dvfs),In, Poet 1holl have ubjaci'41"'tarins and irriftalloh5 of the Powor of A(toFn#y IjjU d to 1h am , to QXeCtift doilvar an behall Of the Company.jean�,
and utiddelakIrIps, reroqQanceit, contracts of indeiritity, ind g1har wjjtjngt obligatory in sho nature triereor, The toeacrala Neal is not nocessory for Ina vAlolly of any hands end andartavinae,
recognizanus, conifaclik Of indamnity and otmi writings oWloatory in the nature viqrsor,
3, AtTOrnoy(s)-in-Fact'4 �, ii payVar and awihdatj' to Qxawtal arlidavin repaired to be attached W hoods cootijals of , ind4mrolir or other conditional,ot atitigetoey
undarlskintis end jilay shall 4t*o haVo pl�wor ¢ni;l authority to cwiify the Nno,ndif statement of tho Company and to copies or the fly-LAws OF the Cointiaily or any article of ifiteen t6aftol,
This Power at Attorney la signed and sealed by fAcmimilo under and by authority of the to adopted by the Executive and r1n0n00 COmnlitteft of the 5011(dil Of Dirqc(orl of Rtllan;e
Inrivr6pe,il Company, U11tod rocifir, ln&i4AnQo Company, Ind ROanl:a NAtImM Indamnitv Company by Unsri;maus Consent dataif n of Februory 2a, 1004 and by the Ekocialwo and Finari4ial
'Committie of the Board of DOwtoril, bf Aailvnii Surety Cc;rnpzn% by Unaninnow consent do(od as of Mweh 31, 1994-
Ilk,
Flwlvmd that (60 rj and atfIcars and the
j�rlllturai of 'iuCh Tle 11 41ad of the company may ba affixed to any aut�h Power of Attorney or any COF11flOblea ealatino thereto by
fac�similv,and any *Ljqh, Power of *Altor; 0' �vrdllco ifiAq BuEh facsimlla or facsimile 4431 shall be valid and binding upon the company and army such Power in—
,fiflmd'by fficill'm k
executed end em at signotwas'and faelYnlle spat stall be Valid and binding upon the Company, in tho future with respect to any tam or undartivni; to which it is
,,,,
lA..
IN WITNESS WHEREOF, CompaniaIhave caused
these presents to be signed and their corporate seals z? 69 hereto 0fixad, This 19,
:j
RELIANCE SU9L7TY COMPANY
RELLANCIS INSURWE COMPANY
UNITED PACIFIC INSURANCE COMPANY
RELIANCE NATIONAL 1NDEMNj'rY,COMpANy
AL
Aw
0.,
STATE OF Washington `11%,`
COUNTY OF King
'�q ore fne, Janet, Slanklqy,, personal Iyi,'app6ared Mark W 3aknowledged,lihimself.to, lao the presld6iit of,
0 n this; July Is 196 Alsup, who VICe
the Reliance Surety mpany,,..and,tho Vice, Presloqnt,ol Rellahce Insurance Company, Vnited Pacific Insufqfice.Contpany"and Reliance National %:tr
Indemnity Company and that,as such, bein'g''aLithdriied 16,'dq soi executect,the,fQregoing.Instry'ment for the, PurPos 0, therein, contained by signing""
the name of the corporation by him$alf,au jTa'qpIVALjthqrIjetl officer,
In witness whereof, I hereunto sat my stand and official seat,
I,
.w
1 -29Q7 2 Notary P blic in and for the State of Washing
t..,l A Residing at Puyallup
•
1. Robyn Laying, Assistant Secretary of RELIANCE SURETYCOMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMP.
ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power
of Attorney executed by said Companies, which is still in full force and effect;
IN WITNESS WHEREOF, I havo hereunto set my'hand and'aff ixed the seats of said Companies this 1211ddaV of January 19 '97,
4-
4?
Assistant Secretary,
6 iv
C1