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<br /> <br />Non-Professional Services Agreement between May 7, 2018 <br />City of San Leandro and Newton Construction & Management, Inc.—Exhibit C Page 1 of 2 <br />EXHIBIT C <br />PERFORMANCE BOND <br /> <br /> <br />KNOW ALL MEN BY THESE PRESENTS: <br /> <br />WHEREAS, the City of San Leandro, State of California, has awarded to Newton <br />Construction & Management, Inc., hereinafter designated as the “Principal,” a <br />contract for the Marina Community Center Renovation Project; and, <br /> <br />WHEREAS, said Principal is required under the terms of said contract to furnish a bond <br />for the faithful performance of said contract. <br /> <br />NOW, THEREFORE, we the Principal, and <br />as Surety, are held and firmly bound unto the City of San Leandro in the penal sum of $188,870.52 lawful money of the United States for the payment of which sum well and <br />truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or <br />assigns jointly and severally, firmly by these presents. <br /> <br />THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden <br />Principal, or Principal’s heirs, executors, administrators, successors, or assigns, shall in <br />all things stand to and abide by, and well and truly keep and perform the covenants, <br />conditions, and agreements in said contract and any alteration thereof made as therein <br />provided, on the Principal’s part, to be kept and performed at the time and in the <br />manner therein specified and in all respects according to their true intent and meaning; <br />and shall defend, indemnify and save harmless the City of San Leandro, its officers and <br />agents as therein stipulated, then this obligation shall become null and void; otherwise <br />it shall be and remain in full force and virtue. <br /> <br />And the Surety, for value received hereby stipulates and agrees that, in accordance with <br />the Plans, Standard Specifications, Special Provisions, and other contract documents, <br />no change, extension of time, alteration, or addition to the terms of the contract, or to <br />the work to be performed hereunder, or to the specifications accompanying the same <br />shall in anywise affect its obligations on this bond, and it does hereby waive notice of <br />any such change, extension of time, alteration of additions to the terms of the Contract <br />to the work, or to the specifications. <br /> <br />The City reserves the right to refuse use of any Contractor assigned by any surety to complete <br />the work. <br /> <br />1423