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EXECUTED IN ONE COUNTERPART KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, the City of Santa Ana, State of California, and BEN'S ASPHALT, INC. BOND# 7645933 PREMIUM: INCLUDED IN PERFORMANCE BOND Attachment A (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated AUGUST 4, 2015 entitled" PROSECT NO 13-2638 PORTOLA PARK IMPROVEMENTS 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 Contr'actor's Payment Bond with the City of Santa Ana to secure the claims to which reference is made in Title 3, (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. NOW THEREFORE, said Principal and the undersigned as corporate Surety, are held finely bound unto the CITY OF SANTA ANA, and all contractors, subcontractors, laborers, tnaterialmen and other persons employed in the performance of the aforesaid a,g cement and referred to in the aforesaid Civil Code, in the sum of ** ----,--.DOLLARS ($187 , 146. 00 ), for materials famished or labor thereon of any kind, or for amounts due render the Unemployment Insurance Act with respect to such work or labor or for any amounts required to be deducted, withheld and paid over to the Franchise Tax Board from the wages of employees of the Principal and his subcontractors pursuant to Section H3806 of the Revenue and Taxation Code, with respect to such work and 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. ** ONE HUNDRED EIGHTY—SEVEN THOUSAND ONE HUNDRED FORTY—SIX & NO/100'S IT IS HEREBY EXPRESSLY STIPULATED AND AGREED that this Bond shah inure to the benefit of any and all persons, companies and corporations entitled to file claims Title 3, (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. 1