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NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if 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 <br />improvements described above plus all appurtenant devices asso.;iated therewith for a period of <br />not less thanear(s) from /o o , Principal and Surety agree to save the City harmless <br />from any loss, cost or damage by reason of Principal's failure to make repairs, correct <br />deficiencies and perform emergency maintenance for the 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 on receipt of seven (7) days written notice <br />from the City sent to the address noted below directing performance of such work. If the <br />Principal shall fail to make said repairs, the City may perform the work and the cost of the work <br />shall be paid to the City by the Principal or Surety. At the end of i years(s) of <br />maintenance by the Principal, the City shall inspect the improvement together with all other <br />appurtenant devices associated therewith and if this obligation has been satisfied to the <br />satisfaction of the City Engineer, then this obligation shall be void, otherwise to remain in full <br />force and effect. <br />In the event the City is required to institute litigation to obtain performance pursuant to this <br />bond, Principal and Surety agree to pay all reasonable attorney's fees and cost which are incurred <br />by the City <br />31s ctober 05 <br />SIGNED AND SEALED and DELIVERED this— ay of ,20_ <br />Shadow Rock, LLC cbteflu <br />Princi al 1h(T ti'A- <br />3216 W tmore Ave. Suite 206 <br />Address Everett, WA 98201 <br />Tnde } pf California <br />Surety <br />Attorney in Ty L. Faure- <br />2 <br />