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1987-1215_ZAGROS COMPANY_Labor and Material Bond (2)EXECUTED IN TRIPLICATE• LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That • N0. 1141180 Premium Included on Performance Bond. WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Zagros Company , License No. , hereinafter designated as "Principal", a contract forconstr u -tion of Varedn bikeway. Via FstPnaca to Avenida Sipaa ;and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub -contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we Zagros Comnanv , Principal, and Amwest Surety Insurance Comoanv ,as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of Thirty-nine Thngnand Fnnr HnndreA S;vrccn n d inlino------ _DOLLARS ($39 , 416.3o ), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub -contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and — --corporations entitled 'to -file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. _22_ 1 0 0 IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the 31st day of December , 19 87 . The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. _ Zagros Company PRINCIP II By APPROVED AS TO FORM Cindy L. 11tydley, Attorney -)Ln -Fact STATE OF CALIFORNIA, COUNTY OF_ Los Angeles On December 31, 1987_ , before me a Notary Public, within and for the said County and State, personally appeared Cindy L. Ridley , known tome (or proved to me on the basis of satifactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney in Fact of and for the AMWEST SURETY INSURANCE COMPANY, and acknowledged to me that fie subscribed the name of the AMWEST SURETY INSURANCE COMPANY thereto as Surety, and his own name as Attornev in Fact. .4 rrL OFFICIA5611. /r q PATRICIA J MOIJTUDMEP.Y Nr`,oy Public -C IIf mla i I CS AJ(ES COUNTY ltisl/ 61q Coram. p Dec ?G. 1983