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b.t. - raee 3L OT 51 <br />ATTACHMENT "D" <br />Bond Number: K09164960 <br />PAYMENT BOND <br />KNOW ALL MEN BY THESE PRESENTS: the City of Redwood City ("City'), San Mateo <br />County, State of California, has issued an Encroachment Permit ("Permit") to <br />S1 XX, LLC hereinafter designated as the <br />"Principal", for constructing the following project: 1155 Broadway (Broadway CVS) Offsite Improvements <br />and <br />WHEREAS, under the terms of the Permit, the Principal is required before entering upon the <br />performance of the work, to file a good and sufficient payment bond with the City to secure the <br />claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division <br />4 of the Civil Code of the State of California. <br />NOW, THEREFORE, we, the Principal and Federal Insurance Company <br />, organized and existing under the laws of the State of Pennsylvania , and duly <br />licensed to transact surety business in the State of California, and authorized to execute bonds <br />and undertaking as sole surety, as Surety, are held firmly bound unto the City and all contractors, <br />subcontractors, laborers, materialmen, and other persons employed in the performance under the <br />Permit and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil <br />Code of the State of California in the sum of One Million Seven Hundred Forty One Thousand and 001100 Dollars <br />($ 1,741,000.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the <br />Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same <br />in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought <br />upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses <br />and fees, including reasonable attorney's fees, incurred by City in successfully enforcing this <br />obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in <br />the judgment therein rendered. <br />It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all <br />persons, companies, and corporations entitled to file claims under Title 3 (commencing with <br />Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California, so as to give a <br />right of action to them or their assignees in suit brought upon this bond. <br />Should the condition of this bond be fully performed, then this obligation shall become null and <br />void, otherwise it shall be and remain in full force and effect. <br />This bond is executed and filed 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 ail <br />amendments thereto. <br />The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition <br />to the terms of the Permit or to the work to be performed thereunder or the specifications <br />accompanying the same shall in anywise affect its obligations on this bond, and it does hereby <br />waive notice of any such change, extension, alteration or addition. <br />M <br />