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� � � <br /> WHEREAS,the City is requiring the Principal to provide a bond warranting the performance <br /> and guazanteeing the workmanship and materials used in the construction of the improvements. <br /> NOW,THEREFORE,THE CONDI'CION OF THIS OBLIGATION IS SUCH,that the <br /> Principal and Surety warrant the performance and guarantee workmanship and materials used by <br /> making repairs, correcting deficiencies and performing emergency maintenance on all improvements <br /> described above plus all appurtenant devices associated therewith for a period of not less than ONE <br /> year(�) from Mav 1 l,2006 . Principal and Surety agree to save the Ciry harmless frcm any <br /> loss,cost or damage by reason of Principal's failure to make repairs, conect deficiencies and perform <br /> emergency maintenance for the required period of time. Principal and Surety further agree to <br /> promptly reimburse the City for emergency repairs and/or maintenance. Necessary repairs shall be <br /> pedormed by the Nrincipal in receipt of seven(7) days written notice from the City sent to the <br /> address noted below directing performance of such work except in the case of an emergency wherein <br /> ❑ecessary repai�s shall be performed upon demand by the City. If the Principal shall fail to make <br /> said repairs,the City may perform the work and the cost of the work shall be paid to the City by the <br /> Principal or Surety. At the end of ONE _year(s)of maintenance by the Principal, the City shall <br /> inspect the improvements together with all other appurtenant devices associated therewith and if this <br /> obligation has been satisfied to the satisfaction of the City Engineer,then this obligatior�shall be <br /> void,otherwise to remain in full force and effect. <br /> In the event the City is required to institute litigation to obtain performance pursuant to this bond, <br /> Principal and Surety agree to pay all reasonable attorney's fees and costs which are inwrred by the <br /> City. <br /> SIGNED, SEALED AND DELIVERED,his 11TH day of MAY , 20 06 . <br /> O.R.G. AU NTS LLC <br /> � <br /> cipal) <br /> DEVELOPERS SURETY AND INDEMNITY COMPANY <br /> (Surery) <br /> `_%��.�.���-� <br /> (Attorney in Fact), MICHAEL ANASOPHA � <br /> _.... . . .... .. _.. ..... ...... � <br /> City ojEverelJ Wurrunty Band P8�Z �.� <br /> �� <br />