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City of Everett 00 6123 - 1 <br /> SECTION 00 6123 - NEW RETAINAGE BOND I <br /> BOND NO. 7306108 <br /> RETAINAGE BOND <br /> IKNOW ALL MEN BY THESE PRESENTS, that Tastad Construction. Inc. , a corporation <br /> organized under the laws of the State of Washington , and registered to do <br /> I business in the State of Washington as a contractor, as Principal, and <br /> Old Republic Surety Company , a corporation organized under the laws of the State of <br /> Wisconsin and registered to transact business in the State of <br /> I Washington as Surety, their heirs, executors, administrators, successors and assigns, <br /> are jointly and severally held and bound to the City of Everett, Washington, hereinafter <br /> called "City", and are similarly held and bound unto the beneficiaries of the trust fund <br /> created by RCW Chapter 60.28, in the sum of Thirty-nine Thousand Seven Hundred Fifty and 00/100 Dollars <br /> I <br /> ($ 39.750.00 ) plus five (5%) percent of any increases that may occur under the <br /> Contract(as defined below), the payment of which,well and truly to be paid, we bind <br /> ourselves, our heirs, executors and successors, jointly and severally, formally by these <br /> I <br /> presents. <br /> THE CONDITIONS OF THE ABOVE OBLIGATION ARE THAT: <br /> WHEREAS, on July 20, 2022 ,the Principal executed a contract <br /> I <br /> (the "Contract")with the City known as: <br /> I Project Name: Silver lake trail <br /> CONTRACT NUMBER: 2022-075 <br /> WHEREAS, said Contract and RCW Chapter 60.28 require the City to withhold from <br /> Imonies earned by the Principal during the progress of the construction, hereinafter <br /> referred to as "earned retained funds"; <br /> I WHEREAS, the Principal requested that the City accept a retainage bond and release <br /> earned retained funds to Principal, as allowed under RCW Chapter 60.28; and <br /> NOW,THEREFORE, the condition of this obligation is such that the Surety is held and <br /> I bound to the City to indemnify, defend and hold the City harmless from any and all loss, <br /> costs or damages that the City may sustain by reason of release of said earned retained <br /> funds to Principal, then this obligation to be null and void, otherwise to remain in full <br /> I force and effect. <br /> PROVIDED, 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 /> provided by applicable law. The bond shall be subject to all claims and liens provided <br /> I <br /> for by law or Contract against the earned retained funds and in the same manner and <br /> priority as set forth for retained percentages in RCW Chapter 60.28 and the Contract. <br /> 2. The Surety hereby consents to and waives notice of any extension in the time for <br /> I performance of the Contract, assignment of obligations under the Contract, or Contract <br /> alteration,termination, amendment or change order. This expressly includes, but is not <br /> limited to, consent to and waiver of any notice with respect to increases in the Contract <br /> I <br /> 00 6123 - 1 RETAINAGE BOND <br />