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, <br /> 1 <br /> CONTRACT BOND - PAYMENT . <br /> CITY OF TRACY <br /> Tracy, California 95376 Bond Number s <br /> Whereas, the City Council of the City of Tracy, State of California, and <br /> (hereinafter designated as "Principal") have entered into an Agreement <br /> Lwhereby the principal agrees to install and complete certain designated public improvements, which said <br /> Agreement, dated 199 , and identified as: LEWIS MANOR WELL. <br /> CONSTRUCTION (PHASE 1) AND DESTRUCTION OF THREE ABANDONED WELLS AND TWO PUMP <br /> HOUSES - CIP 7502, 7503, & 7535, is hereby referred to and made a part hereof; and <br /> Whereas, under the terms of said Agreement, principal is required, before entering upon the <br /> Lperformance of the work, to file a good and sufficient payment bond with the City of Tracy to secure the claims <br /> to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code <br /> of the State of California. <br /> 1� Now, therefore, said principal and the undersigned, as corporate surety, <br /> are held and firmly bound into the City of Tracy and all contractors, subcontractors, laborers, materialmen and <br /> L <br /> other persons employed in the performance of.the aforesaid Agreement and referred to in the aforesaid Code <br /> of Civil Procedure in the sum of dollars ($ for materials furnished or <br /> labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such <br /> .work or labor; that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, <br /> and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and <br /> reasonable expenses and fees, including reasonable attorney's fees, incurred.by City in successfully enforcing <br /> such obligation, to be awarded and fixed by the court, and to be taxed as costs and' to be included in the <br /> r L; judgment therein rendered. <br /> It is hereby expressly stipulated and agreed upon that this bond shall insure to the benefit of any and <br /> Lall persons, companies and corporations entitled to file claims under Title'l 5 (commencing with Section 3082) <br /> i of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit <br /> brought upon this bond. <br /> Should the condition of this bond be fully performed, then this obligation shall become null and void, <br /> otherwise it shall be and remain in full force and effect. <br /> The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the <br /> terms of said Agreement, or the specifications accompanying the same shall in anyway affect its obligations <br /> on this bond, and it does hereby waive.notice of any such change, extension of time, alteration or addition. <br /> In the event suit is brought upon this bond, the surety shall pay reasonable attorney's fees and costs <br /> l <br /> incurred by the prevailing parties. <br /> IN WITNESS WHEREOF, this instrumenthas been duly executed by the principal and surety above <br /> named, on 19 <br /> Principal Bonding Company <br />�,. DIVISION IV-22 <br />