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.PERFORMANCE BOND <br />Contract #2010-00014 <br />BOND NO. 8987131 Job #4+674 <br />I NOWALLMENBYTHESEPRESENTS,Thatwe EUGENE SAND CONSTRUCTION, INC. , <br />as principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND , as surety, are, jointly and <br />severally held and bound unto the CITY OF EUGENE, in Lane County in the sum of $ 99,300.00 <br />NINETY-NINE THOUSAND THREE HUNDRED AND NO/100 <br />for the payment of which we jointly and severally bind ourselves, our heirs, executors, administrators and assigns or <br />successors and assigns, firmly by these presents. <br />THE CONDITION OF THIS BOND IS SUCH that, whereas the said principal herein has made and entered into a <br />certain contract, a copy of which is attached hereto, with the CITY OF EUGENE which contract, together with the <br />applicable plans, Standard Specifications, Special Specifications, and schedule of contract prices, is bythis reference <br />invade a part hereof, whereby the said principal agrees to do in accordance with the certain terms, conditions, <br />requirements, plans and specifications which set out in said contract and all authorized modifications of the contract <br />which increase the amount of the work and the amount of contract. Notice to the surety of any of the immediately <br />foregoing are waived. <br />NOW, THEREFORE, if the principal herein shall faithfully and truly observe and comply with the terms, conditions <br />and provisions of the said contract, in all respects, and shall well and truly and fully do and perform all matters and <br />things by him undeitaken to be performed under said contract, upon the terms set forth, therein, and within the time <br />prescribed therein, or as extended as provided in the contract, and shall indemnify and save harmless the CITY OF <br />EUGENE, its officers, employees, and agents, agiiinst any direct or indirect damages of every kind and description <br />that shall be suffered or claimed to be suffered in connection with or arising out of the performance of the said <br />contract by the said Contractor or his Subcontracts and shall in all respects perform said contract according to law, <br />then this obligation is to be void, otherwise to remain in full force and effect. <br />Nonpayment ofthe bond premium will not invalidate this bond nor shall the CITY OF EUGENE be obligated for the <br />payment thereof. <br />WITNESS our hands this 26TH day of FEBRUARY 20 10 <br />EUGENE SAND CONSTRUCTION. INC. <br />Principal <br />B ~ ~r <br />Authorized Official Signature <br />By <br />Authorized Official Signature <br />Principal <br />By <br />Authorized Official Signature <br />By <br />Authorized Official Signature <br />By <br />Attorney-in Fact <br />(A Power of Attorney for <br />the Attorney-in-Fact must <br />be attached to this Bond) <br />Surety's Seal must be Affixed <br />