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Premium is for the Contract Term and is Subject to Adjustment Based on Final Contract Price * Park and Landscape Maintenance Services at Various Locations in the City of Santa Ana as more fully described in Agreement A- 2009 -053 PAYMENT BOND EFFECTIVE: July 1, 2010 to June 30, 2011 KNOW ALL MEN BY THESE PRESENTS: BOND NO.: 72BSBFQ1514 PREMIUM: $5,571.00 ** Three Hundred Forty -Eight Thousand One Hundred Ninety -Seven & 50/100* ** *348,197.50 WHEREAS, the City of Santa Ana, a municipal corporation of the State of Merchants Landscape California, and Service, Inc- (hereinafter designated as Principal") have entered into an Agreement whereby Principal agrees to provide * , which said Agreement, dated May 18 , 200 9 , is hereby referred to and made a part hereof; and WHEREAS, under the terms of said Agreement, Principal is required before entering upon the performance of the work to file a good and sufficient payment bond with the City of Santa Ana to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said principal and the undersigned as corporate surety are held firmly bound unto the City of Santa Ana and all contractors, subcontractors, laborers, materialmen and other persons employed In the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of ** Dollars ($ * ** for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them and all their assigns in any suit brought upon this Bond. 1