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PREMIUM IS FOR THE CONTRACT TERM AND IS SUBJECT <br />TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE <br />Bond No. CAC76101 <br />Premium: $1,852.00 <br />Executed in 3 Originals <br />PERFORMANCE BOND <br />KNOW ALL PERSONS BY THESE PRESENTS: <br />THAT WHEREAS, City of Colton , (hereinafter referred to as "City") has <br />awarded to Jaguar Enterprises, Inc. (hereinafter referred to as the "Contractor") <br />an agreement for _ Gonzales Community Center Pool (hereinafter <br />referred to as the "Project"), ep as enng roject <br />WHEREAS, the work to be performed by the Contractor is more particularly set forth in the <br />Contract Documents for the Project dated April 7, 2009 , (hereinafter referred to as <br />"Contract Documents"), the terms and conditions of which are expressly incorporated herein by <br />reference; and <br />WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof <br />and to furnish a bond for the faithful performance of said Contract Documents. <br />NOW, THEREFORE, we, Jaguar Enterprises, Inc. the undersigned Contractor and <br />Merchants Bonding Company (Mutual) as Surety, a corporation organized and <br />duly authorized to transact business under the laws of the State of California, are held and firmly <br />bound unto the City in the sum of Ninety Two Thousand Six Hundred DOLLARS, <br />($ 92,600.00 ), said sum being not less than one hundred percent (100%) of the total amount <br />of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, <br />executors and administrators, successors and assigns, jointly and severally, firmly by these <br />presents. <br />THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, <br />executors, administrators, successors or assigns, shall in all things stand to and abide by, and <br />well and truly keep and perform the covenants, conditions and agreements in the Contract <br />Documents and any alteration thereof made as therein provided, on its part, to be kept and <br />performed at the time and in the manner therein specified, and in all respects according to their <br />intent and meaning; and shall faithfiilly fiilfill all obligations including the one-year guarantee of <br />all materials and workmanship; and shall indemnify and save harmless the City, its officers and <br />agents, as stipulated in said Contract Documents, then this obligation shall become null and void; <br />otherwise it shall be and remain in full force and effect. <br />As apart of the obligation secured hereby and in addition to the face amount specified therefore, <br />there shall be included costs and reasonable expenses and fees including reasonable attorney's <br />fees, incurred by City in enforcing such obligation. <br />As a condition precedent to the satisfactory completion of the Contract Documents, unless <br />otherwise provided for in the Contract Documents, the above obligation shall hold good for a <br />period of one (1) year after the acceptance of the work by City, during which time if Contractor <br />shall fail to make full, complete, and satisfactory repair and replacements and totally protect the <br />City from loss or damage resulting from or caused by defective materials or faulty workmanship. <br />The obligations of Surety hereunder shall continue so long as any obligation of Contractor <br />remains. Nothing herein shall Iimit the City's rights or the Contractor or Surety's obligations <br />PERFORMANCE BOND <br />32 <br />