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That <br />STATE t SURETY COMY ANY <br />DES MOINES. IOWA <br />Bond No. 219550 <br />PERFORMANCE BOND <br />Approved by The American Institute of Architects, <br />A. I. A. Document No. A -311 February 1970 Edition <br />KNOW ALL MEN BY THESE PRESENTS: <br />Gopher Properties <br />(Here Iran fall seems and address or legal ride of Convector) <br />222 E Little Canada Road, St. Paul, Minnesota 55117 <br />as Principal, hereinafter called Contractor, and S T A T E S U R ET Y 00 M P A NY , a corporation <br />organized under the laws of the State of Iowa, as Surety, hereinafter called Surety, are held and firmly bound <br />City of Little Canada <br />unto <br />Little Canada, Minnesota <br />(Here insert full name and address or legal tide of Owner) <br />as Obligee, hereinafter called Owner, In the amount of --Twenty Four Thousand & .,no/100 - - -. <br />Dollars ($_29,000,,00), <br />for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, suc- <br />cessors and assigns, jointly and severally, firmly by these presents. <br />WHEREAS, Contractor has by written a eement dated . _ _. -_ -- <br />_ _ 1 <br />pl <br />an soaping _ at 35,E Little Canada Road <br />entered into a contract with Owner for _.__ —. -- ---------- - - - - -- - -- <br />In accordance with drawings and specifications prepared by -- .-- -. - - -- <br />(Here insert full name and oddma or legal tide of Architect) <br />which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. <br />NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is <br />each that, if Convenor shall promptly and faithfully perform said <br />Contract, then this obligation shall be null and void; otherwise it shall <br />remain in full force and effect. <br />The Surety hereby waive. notice of any alteration or extension of <br />time mode by the Owner. <br />Whenever Contractor shall be, and declared by Owner to be in de. <br />fault unite the Contract, the Owner having performed Owners obligations <br />thereunder, the Surety may promptly remedy the default, or shall prompr.y <br />1) Complete the Contract in accordance with its terms and condo <br />dons, or <br />2)Obain a bid or bids for completing the Contract in accordance <br />with its terms and condition, and upon determination by Surety of the <br />lowest responsible bidder, or, if the Owner elects, upon determination by <br />the Owner and the Surety jamdy of the lowest responsible bidder, at <br />range for on r ct between such bidder and Owner, and ,hake available <br />as Work progresses (even though there should be a default or a <br />of defaults under the co contracts of completion arranged under <br />this paragraph) sufficient contract t to pay the cost of completion less the <br />balance of the contract price; but not exceeding, including other con s and <br />damages for witch the Surety may be liable hereunder, the amount <br />t forth in the first paragraph hereof. The "balance of dm <br />pric used in this paragraph, shall mean term <br />total amount payable by <br />Owner to Contractor under dm Contract and any amendments thereto, <br />los the amount properly paid by Owner to Contractor. <br />Any suit 'under this bond must be instituted before the expwatian of <br />two (21 years -from the date on which final payment under the Contract <br />falls due. <br />No right of action shall accrue this bond to r for the u of <br />any person o corporation other than the Owner named herein or the <br />heirs, executors, administrators of successors of the Owner. <br />Signed and sealed this __._..__.Stn __,_day of .__..._..._ September <br />�] <br />k040 (2 cis �f'LL(,., -a <br />2699 (Rev, 1970) <br />(Witness) <br />(Witness) <br />Countersigned: <br />_mac ;).. t , .,. ✓.c <br />Lnne[s7 sofa nesldent Agent— <br />19.79,.__, <br />.Gophe -Properties__ —_ _. - -- -- (seal) <br />I1( (Puna ) <br />By: L= iS' —rYL IFes'.. <br />(Tide) <br />STATE SURETY COMPANY <br />(Surety) <br />By <br />P. J i�tlesket nerimfact) <br />Power & Acknowledgment Attached <br />(Seal) <br />