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Bond #TX-343443 <br />]BON IMNG 00. <br />6000 N. LAMAR • SUITE 200 • AUSTIN, TEXAS 78752 <br />PERFORMANCE BOND <br />STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160 OF THE REVISED <br />CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, 1959 <br />(McGregor Act -Public Works) <br />(Penalty of this bond must be 100% of Contract amount) <br />KNOW ALL MEN BY THESE PRESENTS: <br />That, Brath, Inc. <br />(hereinafter called the Principal), as Principal, and MERCHANTS MUTUAL BONDING COMPANY, a <br />corporation organized and existing under the laws of the State of Iowa, with its principal office in the City of <br />Des Moines, (hereinafter called the Surety), as Surety, are held and firmly bound unto. <br />City of San Marcos <br />One hundred eighty-three thousand four hundred fifty and no/100 <br />(hereinafter called the Obligee) in the amount of <br />Dollars ($ 183,450 - 00 ), for the payment whereof, the said Principal and Surety bind themselves, and their <br />heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. <br />WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 9th <br />day of November , 19 81, to construction of Fire Station No. 4 located on <br />Broadway at Parkdale <br />which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at <br />length herein. <br />NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal <br />shall faithfully perform the work in accordance with the plans, specifications and contract documents, then <br />this obligation shall be void; otherwise to remain in full force and effect. <br />PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the <br />Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, 1959, and all liabilities on this <br />bond shall be determined in accordance with the provisions of said Article to the same extent as if it were <br />copied at length herein. <br />IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this <br />13th day of November , 19 81 <br />Witness: <br />(If Individual or Firm) <br />Att t: <br />(If rporati ) <br /> <br />(Seal) <br />(Seal) <br />Brath Inc. (Seal) <br />R (Seal) <br />Principal <br />MERCHANTS MUTUAL BONDING COMPANY <br />ure <br />BY (Seal) <br />Robert D. Cave Attorney-in-pact