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11:/011:31 lam <br />PAYMENT BOND <br />KNOW ALL MEN BY THESE PRESENTS: That we, Sonic Telecom, LLC, as Principal, and, <br />[NAME OF SURETY BOND PROVIDER].organized and existing under the laws of the State <br />of [STATE OF SURETY BOND PROVIDER'S INCORPORATION/FORMATION] <br />and <br />authorized to execute bonds and undertaking as sole surety, as Surety, are held and firmly bound <br />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 of <br />the State of California whose claim has not been paid in the aggregate total of Two Hundred <br />Thousand Dollars ($200,000) (being 100% of the amount required by Section 4.1(b) of the <br />Agreement (as defined below)) for the payment whereof, well and truly to be made, said Principal <br />and Surety bond themselves, their heirs, administrators, successors, and assigns, jointly and <br />severally, firmly by these presents. <br />THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that, whereas the above <br />Principal and the City of Redwood City, California ("City") have entered into that certain <br />Encroachment Agreement dated , 20_ ("Agreement") pursuant to <br />which Principal may apply for one of more Encroachment Permits ("Associated Permits") to <br />perform certain work in the City's right-of-way, which work will be performed subject to the terms <br />of the Agreement and any Associated Permit; <br />NOW, THEREFORE, if the above -bounden Principal or his 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 Code <br />of the State of California, or amounts due under the Unemployment Insurance Code with respect <br />to work or labor performed under the Agreement and any Associated Permits, or for any <br />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 (commencing <br />with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California of the Civil <br />Code of the State of California so as to give a right of action to them or their assignees in suit <br />brought upon this bond. <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 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 />addition to the terms of the Permit, or to the work to be performed thereunder, or the <br />specifications accompanying the same, and the effect of any such change, extension of time, <br />REV: 07-09-2020 PR <br />ATTY/AGR.2020 122/Sonic Telecom, LLC (Page 18 of 19) <br />