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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 workn.anship and materials used by <br />making repairs, correcting deficiencies and performing emergency maintenance on all <br />improvements described above plus all appurtenant devices associated therewith for a period of <br />not less than 2 year(s) f Tom/o/24gLos 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 2 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 />SIGNED AND SEALED and DELIVERED this 31s Ly of October �,, �,2005 <br />.� �" _ <br />Shadow Rock, LLC / <br />Principal %ryEmb <br />CA- <br />3216 Wetmore Ave Ste 206 <br />AddressEverett, WA 98201 <br />Indemnity Companyf ralifornia_. <br />Surety � <br />Y- <br />ttomey i al ary Fau. e <br />2 <br />