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PERFORMANCE BOND <br />Contract #2010-00019 <br />BOND NO. 8987185 Job '9 4582 <br />jolo V ALL MEN BY TE'SE PRESENTS, That tive 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 M the sum of: S $378,632.24 <br />( THREE HUNDRED SEVENTY EIGHT THOUSAND SIX HUNDRED THIRTY TWO AND 241100 <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 />TBE CONDITION OF TIES BOND IS SUCK 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 adth the <br />applicable plans, Standard Specifications, Special Specif cations, and schedule of contract prices, is by this reference <br />made 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 ofthe contract <br />which increase the amount of the work and th+ amount of contract. Notice: to the surety of any of-the immediately <br />foregoing are waived- <br />NOW, THE REFORE, 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 frilly do and perform all matters and <br />things by him undertaken to be performed under said contract, upon the terms set forth therein, and within the time <br />prescM'bed tbercin, or as extended as provided in the contract, and shall indemnify and save harmless the CITY OF <br />EUGENE, its officers, employees, and agents, against 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 real idn in M force and effect. <br />Nonpayment of the 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 9TH day of <br />EUGENE SAND CONSTRUCTION, INC, <br />Principal <br />By. <br />A.uthorixed Ofiacial 'ignature <br />By <br />Authorized Official Signature <br />Surety FIDELITY AND DEPOSIT COMPANY OF MARYLAND <br />By NIA <br />Agent <br />APRIL , 20 10 <br />Principal <br />By <br />Authorized Official Signature <br />(A Power of Attorney for <br />the Attorney-in-Fact must <br />be attached to this Bond) <br />Surety's Seal most be Affixed <br />