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I <br /> Section 00 6123 <br /> aRetainage Bond <br /> BOND NO. <br /> IRETAINAGE BOND <br /> IKNOW ALL MEN BY THESE PRESENTS,that , a corporation organized under <br /> the laws of the State of , and registered to do business in the State of <br /> IWashington as a contractor, as Principal, and , a corporation organized <br /> under the laws of the State of and registered to transact business in <br /> I the State of Washington as Surety,their heirs, executors, administrators, successors and assigns, are <br /> jointly and severally held and bound to the City of Everett,Washington, hereinafter called "City", and <br /> are similarly held and bound unto the beneficiaries of the trust fund created by RCW Chapter 60.28, in <br /> I the sum of Dollars($ )plus five(5%) percent of any <br /> increases that may occur under the Contract(as defined below),the payment of which,well and truly to <br /> be paid,we bind ourselves,our heirs, executors and successors,jointly and severally,formally by these <br /> Ipresents. <br /> THE CONDITIONS OF THE ABOVE OBLIGATION ARE THAT: <br /> IWHEREAS, on ,the Principal executed a contract (the "Contract") <br /> with the City known as: <br /> IPROJECT NAME:ROTARY PARK RENOVATION <br /> CONTRACT NUMBER:2021-072 <br /> I <br /> WHEREAS, said Contract and RCW Chapter 60.28 require the City to withhold from monies earned by <br /> the Principal during the progress of the construction, hereinafter referred to as "earned retained funds"; <br /> IWHEREAS,the Principal requested that the City accept a retainage bond and release earned retained <br /> funds to Principal, as allowed under RCW Chapter 60.28; and <br /> INOW,THEREFORE,the condition of this obligation is such that the Surety is held and bound to the City <br /> to indemnify, defend and hold the City harmless from any and all loss, costs or damages that the City <br /> Imay sustain by reason of release of said earned retained funds to Principal,then this obligation to be <br /> null and void,otherwise to remain in full force and effect. <br /> IPROVIDED, HOWEVER, it is expressly understood and agreed that: <br /> 1. Any suit or action under this bond must be instituted within the time period, if any, <br /> Iprovided by applicable law. The bond shall be subject to all claims and liens provided for by law or <br /> Contract against the earned retained funds and in the same manner and priority as set forth for retained <br /> percentages in RCW Chapter 60.28 and the Contract. <br /> IRotary Park Renovation lof 3 <br /> I <br />