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WHEREAS, the City is requiring rhe Principal to provide a bond warranting the <br /> perfomiance and guaranteeing the workmanship and materials used in the construction of the <br /> improvemcnts. <br /> NOW, THEREFORE, THE CONDITION OF THIS OBLIGAT[ON IS SUCH, that the <br /> Pn.zcipal and Surety warrant the performance and guarantee workmanship and materials used by <br /> making repairs, correcting deficiencies and perfomiing emergency maintenance on ail <br /> improvements described above plus all appurienant devices associated therewith Cor a period of <br /> not less tl�an nvo (2) year(s) from May 27,2003. Principal and Surety agree lo save tl�e City <br /> harmless from any loss, cost or dama�e by reason of Principal's failure to make repairs, correct <br /> deficiencies and perform emergency maintenance for die required period of time. Principal and <br /> Surety further agree to promptly reimburse the City for emergency repairs and/or maintenance. <br /> Necessary repairs shall be performed by the Principal in receipt of seven (7) days written notice <br /> from tlie City sent to the address noted below directing performance of such work except in the <br /> case of an emergenc,y wherein necessary repairs shall be perfornied upon demand by the City. If <br /> the Principal shall fail to make said mpairs, the City may perform the work and the cost of the <br /> work shall be paid to die City by the Principa; or Surety. At the end�f hvo (2) year(s) of <br /> maintenance by the Principal, the �ity shall inspect tlie improvements toeedier with all other <br /> appurtenant devices associated ther�with and if this oUligation has been satisfied to the <br /> satisfaction of the City Gngineer, dien this obligation shall be void, othenvise to remain in ful! <br /> force and effect. <br /> In the event the City is required to institute litigation to obtain performance pursuant to this bond, <br /> Principaf and Surety agree to pay a11 rcasonaUle attorney's fees and cos[s which are incurred by <br /> the City. <br /> __... __...... _..... _ ........... , _. . ............ . . . ............ .. ...._.._.._...._.._.. .. <br /> Citr oj Ererert ft�a•rnntv donrl Pg. 2 <br /> �7 <br />