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LABOR AND MATERIAL ]PAYMENT BOND <br />Bond Number: 72BSBFQ1515 <br />Premium Included in Performance Bond <br />KNOW ALL MEN BY THESE PRESENTS: that we Merchants Building Maintenance, LLC 1190 Monterey Pass Road <br />Monterey Park CA 91754 as Principal, and Hartford Fire Insurance Company as Surety, are held and firmly bound unto <br />City of Santa Ana 20 Civic Center Plaza_ Santa Ana CA 92702 in the sum of ONE HUNDRED EIGHTY-FIVE <br />THOUSAND SIX HUNDRED FORTY-SIX AND NO/100 Dollars (J185,646.00L lawful money of the United State of <br />America, for the payment whereof, well and truly to be made, we hereby bind ourselves, our heirs, executors, successors <br />and assigns, jointly and severally, firmly by these presents. <br />WHEREAS, Principal has by written agreement dated May 23, 2008 entered into a Contract with Obligee for Park <br />Restroom Maintenance Services as Per Agreement A-2008-092 dated Mav 23 2008 in accordance with Drawings and <br />Specifications prepared by <br />Now therefore, if the said Principal shall promptly pay all bills for such services furnished to said Principal at any and all <br />service locations whatsoever, then this obligation shall be null and void; otherwise it shall remain in full force and effect. <br />PROVIDED, HOWEVER, that: <br />1. This bond is effective June 1, 2008 and shall expire on Mav 31, 2010. <br />2. This bond can be extended for the successive one additional two-year renewal period by continuation certificate <br />duly executed by the Surety. <br />3. Neither non -renewal, nor cancellation by the Surety, nor failure, nor inability of the Principal to file a replacement <br />bond shall constitute loss to the Obligee recoverable under this bond. <br />4. Regardless of the period of time that this bond is in force and regardless of the number of demands made against <br />the Bond, the Surety's obligation shall be limited in aggregate to the penal sum herein. <br />5. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety <br />on this instrument unless same to be brought or instituted and process served upon the Surety within 30 days <br />after the termination of the bond. <br />6. This bond may be cancelled by the Principal or Surety by giving the Obligee 90 days written notice, such notice to <br />be given by certified mail. Such cancellation shall not affect any liability incurred under the bond prior to the <br />effective date of such cancellation. <br />IN WITNESS WHEREOF, the above bounden parties have executed this instrument and hereunto set their hands and <br />seal this 30th day of December, 2010. <br />Merchants Building Maintenance, <br />APPROVED AS TO <br />Signed by: <br />LLC <br />1'0111 wi <br />4 j <br />Laura ;itiu Siiee;d�, Assist"', City City Atiorn.n <br />Hartford Fire Insurance Company <br />Signed by: <br />DONNA M. GREEN, AttornO4h-Fact <br />