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<br />e <br /> <br />e <br /> <br />PERFORMANCE BOND <br />RENOVATION OF THE CITY OF LA PORTE'S <br />BAY FOREST GOLF COURSE GREENS <br /> <br />STATE OF TEXAS <br />COUNTY OF <br /> <br />Harris <br /> <br />KNOW ALL MEN BY THESE PRESENTS: That Burnside Services. Inc. <br />of the City of Montaomerv County of Montgomery , and State of --I <br />Texas , as principal, and <br />authorized under the laws of the State of Texas to act as surety on bonds for principals, <br />are held and firmly bound unto The City of La Porte (Owner), in the penal sum of <br />One-hundred sixteen-thousand four-hundred and n%o Dollars ($ 116.400.00 ) for <br />the payment whereof, the said Principal and Surety bind themselves, and their heirs, <br />administrators, executors, successors and assigns, jointly and severally, by these <br />presents: <br /> <br />WHEREAS, the Principal has entered into a certain written contract with the <br />Owner, dated the 22nd day of Februarv ,1999, to which contract is hereby <br />referred to and made apart hereof as fully and to the same extent as if copied at length <br />herein. <br /> <br />NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if <br />the said Principal shall faithfully perform said Contract and shall in all respects duly and <br />faithfully observe and perform all and singular the covenants, conditions and <br />agreements in and by said contract agreed and covenanted by the Principal to be <br />observed and performed, and according to the true intent and meaning of said Contract <br />and the Plans and Specifications hereto annexed, then this obligation shall be void; <br />otherwise to remain in full force and effect; <br /> <br />"PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions <br />of Vernon's Texas Codes Annotated. Texas Government Code. Chapter 2253, as <br />amended and all liabilities on this bond shall be determined in accordance with the <br />provisions of said Article to the same extent as if it were copied at length herein." <br /> <br />Surety, for value received, stipulates and agrees that no change, extension of <br />time, alteration or addition to the terms of the Contract, or to the work performed <br />thereunder, or the plans, specifications, or drawings accompanying the same, shall in <br />any way affect its obligation on this bond, and it does hereby waive notice of any such <br />change, extension of time, alteration or addition to the terms of the contract, or to the <br />work to be performed thereunder. <br /> <br />Performance Bond 1 of 2 <br />