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CITY OF TRACY CONTRACT BOND - FAITHFUL PERFORMANCE <br /> Tracy, California Bond Number <br /> Whereas, the City Council of the City of Tracy, State of California, and <br /> (hereinafter designated as "Principal") <br /> have entered into an agreement whereby principal agrees to install and complete certain <br /> designated public improvements, which said Agreement, dated <br /> 20 , and identified as BALL PARK AND PARK & RIDE <br /> WELL CONSTRUCTION (PHASE 1) DRILL, CASE &ANALYZE WELLS - CIP 7542 is <br /> hereby referred to and made a part hereof, and <br /> Whereas, the principal is required, under the terms of the agreement, to furnish a <br /> bond for the faithful performance of said Agreement <br /> Now, therefore, we the principal and as <br /> surety, are held and firmly bound unto the City of Tracy (hereinafter called "City", in the <br /> penal sum of dollars ($ ) lawful <br /> money of the United States, for the payment of which sum well and truly made, we bind <br /> ourselves, our heirs, successors, executors and administrators, jointly and severally, <br /> firmly by these presents <br /> The condition of this obligation is such that if the above-bounded Principal, his or <br /> its heirs, executors, administrators, successors or assigns, shall in all things, stand to <br /> and abide by, and well and truly keep and perform the covenants, conditions and <br /> provisions in the said Agreement and any alteration thereof made as therein provided, <br /> on his or their part, to be kept and performed at the time and in the manner therein <br /> specified, and in all respects according to their true intent and meaning, and shall <br /> indemnify and hold harmless the City of Tracy, its officers, agents, volunteers and <br /> employees, as therein stipulated, then this obligation shall become null and void, <br /> otherwise, it shall be and remain in full force and effect <br /> As a part of the obligation secured hereby and in addition to the face amount <br /> specified therefore, there shall be included costs and reasonable expenses and fees, <br /> including reasonable attorney's fees, incurred by City in successfully enforcing such <br /> obligation, all to be taxed as costs and included in any judgment rendered <br /> The Surety hereby stipulates and agrees that no change, extension of time, <br /> alteration or addition to the terms of the Agreement or to the work to be performed <br /> thereunder or the specifications accompanying the same shall in any way affect its <br /> obligations on this bond, and it does hereby waive notice of any such change, extension <br /> of time, alteration or addition to the terms of the Agreement or to the work or to the <br /> specifications <br /> IN WITNESS WHEREOF, This instrument has been duly executed by the <br /> Principal and Surety above named, on 20 <br /> • Principal Bonding Company <br /> August 2001 Division IV-25 Ball Park& Park & Ride Wells Ph 1 <br />