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Doi,, NO. 2376610 <br />PREMIUM: INCLUDED <br />LABOR AND MATERIAL BOND <br />CITY OF PLEASANTON <br />WHEREAS, the City Council of the .City of Pleasanton, State of California, and <br />_ES MCDONALD CONSTRUCTION CO. (hereinafter referred to as "Principal") have <br />entered into an agreement whereby Principal agrees to install and complete certain <br />designated public improvements, which said agreement, dated <br />JUNE 23rd. 1992 identified as project <br />CONNECTOR ROAD. DUBLIN BOULEVARD AND HACIENDA DRIVE <br />EXTENSION, (NPID3-9201); is hereby referred to and made a part hereof; and <br />WHEREAS, under the terms of said agreement. Principal is required before entering <br />upon the performance of the work, to file a good and sufficient payment bond with the <br />City of Pleasanton (hereinafter referred to as City) to secure the claims to which <br />reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of <br />the Civil Code of the State of California. <br />NOW, THEREFORE, said Principal and the undersigned as corporate surety, are held <br />firmly bound unto the City and all contractors, subcontractors.. laborers, materialmen <br />and other persons employed in the performance of the aforesaid agreement referred to <br />i�1 th e afo esai o e of Cavil Procedure in the sum of <br />Ei qh �1 n�Ired Sri xtyi gh �housan �i rtee <br />an7i n/�n�iths------------------- and �S '?68.015.30 ), for materials <br />furnished or labor thereon of any kind, or for amounts due under the Unemployment <br />Insurance Act with respect to such work or labor, that said surety will pay the same in <br />an amount not exceeding the amount hereinabove set forth, and also in case suit is <br />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 <br />successfully enforcing such obligation, to be awarded and fixed by the court, and to be <br />taxed as costs and to be included in the judgment therein rendered. <br />It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of <br />any and all persons, companies, and corporations entitled to file claims under Title 15 <br />(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give <br />a right of action to them or their assigns in any suit brought upon this bond. <br />Should the condition of this bond be fully performed, then this obligation shall become <br />null and void, 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 <br />addition to the terms of said agreement or the specification accompanying the same <br />shall in any manner affect its obligations on this bond, and it does hereby waive notice <br />of any such change, extension, alteration, or addition. <br />SF024721\FD\007.51 00600-5 <br />