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BC NCo ~ B2809206 <br /> <br /> LABOR AND MATERIAL BOND <br /> <br /> WHER~A~, the City of Redwood City ("City"), County of San <br /> Marco, State of Cali£ornia, an~ M.J. Brock & Sons, Inc., d/b/a ~yland Homes <br /> (hereafter ~esi~nated au "Principal") have entered into an <br /> agreement whereby Principal agrees to install and complete <br /> certain designated public improvements, which said agreement, <br /> dated , 19__, and identified as Project Gossamer <br /> is hereby referred to and made a part hereof; and <br /> <br /> WHEREAS, under ~he terms o~ the agreement, Principal is <br />required before ~ntering upon the performance of the work to file <br />a ~ood and sufficient payment bond with the City to secure the <br />claims to which reference is made in Title 15 (commencing with <br />section 3082] of Part 4 of Division 3 of the Civil Code of the <br />Stat~ of California; <br /> <br /> NOW, THEREFORE, we, the Principal and the undersigned as <br />corporate Surety, are held and firmly boun~ unto the City and all <br />contractors, subcontractors, laborers, maeerialmen, and other <br />persons employed in the performance of %he agreement and referred <br />~o in Title 15 of the Civil Code* in the sum of $i,780,009 for <br />materi~ls furnished or labor =hereon of any kine, or ~ amounts <br />due under the Unemployment Insurance Act with respect =o <br />work or labor, :hat Sure~y will pay the sa~e in an amount not <br />exceeding the amount set forth. If suit ~s brought on this bond, <br />Surety will pay, in addition to the face amount thereof, costs <br />and reasonable expenses and fees, including reasonable attorneys' <br />fees, incurred by the City in successfully enforcing the <br />obligation, to be awarded and fixed by ~he Court, to be taxed <br />costs, and to be included in the judgment tendered. <br /> <br /> It is hereby expressly stipulated and ag=ced that this bond <br />shall inure to ~he benefit of any and all persons, companies, and <br />corporations entitled to file claims under Title 15 (commencing <br />with section 3082) of Part 4 of Division 3 of the Civil Code, so <br />as to give a right of action to them or their assigns in any <br />brought upon this bond. <br /> <br /> If the condition of this bona is fully performed, then this <br />obligation shall become null and void; otherwise, it shall be and <br />remain in full force and effect. <br /> <br /> The Surety hereby stipulates and agrees that no change, <br />arran&ion o£ time~ ~lteration, or a~i~ion to the terms o~ the <br />agreement or the specifications accompanying the agreement shall <br />in.any manner affect its obligations on ~his bond. The Surety <br />hereby waives notice of any such change, ex=cna&on, alteration, <br />or <br /> <br /> * Although Gert C ~6499.2 says "Code of Civil Procedure" at <br /> point, the re~eren=~ is ~bvlously to the Civil Code. <br /> <br /> <br />