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PAYMENT BOND <br />Crown Castle Fiber LLC, a New York limited liability company ("Company"), and <br />[NAME OF SURETY BOND PROVIDER], organized and existing under the laws of the <br />State of [STATE OF SURETY BOND PROVIDER'S INCORPORATION/FORMATION] <br />("Surety"), are authorized to execute bonds and undertaking as sole surety are held and firmly <br />bound unto the City and all contractors, subcontractors, laborers, materialmen, and other persons <br />employed in the performance of work under the Agreement and Associated permits who are <br />referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code <br />of the State of California whose claim has not been paid in the aggregate total of Fifty Thousand <br />Dollars ($50,000) (being 100% of the amount required by Section 4.1(b) of the Agreement for <br />the payment to be made, said Company and Surety bond themselves, their heirs, administrators, <br />successors, and assigns, jointly and severally, firmly by these presents. <br />THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that, whereas <br />the Company and the City have entered into that certain Encroachment Agreement dated <br />. 20_ ("Agreement") pursuant to which Company may apply for one <br />of more wireless encroachment permits ("Associated Permits") to perform certain work in the <br />City's Public Way, which work will be performed subject to the terms of the Agreement and any <br />Associated Permit. <br />NOW, THEREFORE, if the Company or its subcontractors fail to pay any of the <br />persons named in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil <br />Code of the State of California, or amounts due under the Unemployment Insurance Code with <br />respect to work or labor performed under the Agreement and any Associated Permits, or for <br />any amounts required to be deducted, withheld, and paid over to the Employment Development <br />Department pursuant to Section 13020 of the Unemployment Insurance Code of the State of <br />California, with respect to such work and labor, the Surety will pay for the same, in the amount <br />not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a <br />reasonable attorney's fee, to be fixed by the Court. <br />This bond shall inure to the benefit of any person entitled to file claims under Title 3 <br />(commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of <br />California of the Civil Code of the State of California so as to give a right of action to them or <br />their assignees in suit brought upon this bond. <br />This bond is executed and tiled to comply with the provisions of the act of the Legislature of the <br />State of California as designated in Civil Code Sections 9550-9566, inclusive, and all <br />amendments thereto. <br />And the said Surety, for value received, hereby stipulates and agrees to waive the provisions of <br />California Civil Code Section 2819 regarding consent to change, extension of time alteration, or <br />ATTY/AGR/2019.105/CROWN CASTLE FIBER, LLC <br />REV: 04-23-19 DZ <br />Page 20 of 21 <br />