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20161219124420.pdf0 EDA IC Date Posted Date Expires w Account No. City of Edmonds 121 51" Avenue worth • Edmonds WA 98020 • (425) 771-0220 Fax (425) 771-0221 Website: Yv)M,t ;�1rrllrud 7 DEVELOPMENT SERVICES DEPARTMENT t. I �) Planning • Building • Engineering MA'IN"I'ENAI' CE lTRO, lM,l' FUND AC,C,'OtJNT Edmonds Buildi Project Address Developer(Ownt 917IF'R AS �A� Mos "A , hereinafter referred to as "the Principal", has constructed and instalk,,d certain improv ne ats hi connection with a project known as Q5, on a site located at (0 7— within the e.1ty of Edmonds, and Wflh,RE iS, in order to provide security for the obligation of the Principal to repair or replace any improvement which proves defective within 3 year(s) (not to exceed 3 years) from acceptance of the improvement by the City of Edmonds herein referred to as "the City", and to enable the City to release the perfonnance bond/frozen fund account provided in connection with said improvements, this bond has been secured and is hereby submitted to the City. NOW, THEREFORE, the undersigned Principal and _! a Financial Institution authorized to transact financial business in the State of Washington, hereinafter 1 th s � executors, administrators and referred to as `the Institution", agree and bind Iltc selves, their heirs, e. assigns, unto the City m the sum of _5 „m__� lawful money of the United States, according to the following terms and conditions; 1) The Principal and Institution agree that in the event that any of the improvements installed by the Principal or Institution pursuant to the above referenced plans, conditions and file fail to remain free from defects in materials, workmanship or installation or in the case of landscaping, fail to survive for a period of _3 ear(s) from the date of acceptance of the installation by the City, the Institution shall, upon demand of the City and the failure to cure the defect within a reasonable time as determined and specified by the City, remit to the City within ten (10) days of receipt of demand for remittance, the amount of this bond or such lesser amount as may be specified in the demand. 2) If the Principal fails to cure any defect within the time period requested by the City, its employees and agents are hereby authorized to enter onto said property and perform said work. This provision shall not be construed as creating an obligation on the part of the City or its representatives. 3) In the event any lawsuit is instituted by the City of Edmonds, the Principal or the Institution to enforce the terms of this bond or to determine the rights of any party hereunder, the prevailing party in such litigation shall be entitled to recover from the losing party its costs, including reasonable attorneys' fees, incurred as a result of such lawsuit. L.1'I"F;PvtP"IBUII,I)I(3',FORNlS1I3O:aiDMaiiiFrozcn.doe10/22/2013 City of Edmonds Maintenance Frozen Fund Account Page Two 4) This frozen Rind account " r savings account shall remain in force and effect until the obligations secured hereby have b erg fully performed and until released in writing by the City at the request of the Institution or the 1 lIncipai. DATED this _0 7� 0 Financial 1ii stitut'on Offi�r(l,'itle 1:5b Mailing cldm,esselhone Account Number Print Narne Address�W4,1joz-6 Phone Number FI A,NCIr I� I iS'l"I"I`f? "It)i A KNOWLE:l 3N]FWNT STATE OF WASHINGTON ) ss. COUNTY OFSViDIdOMt1jtik ) On this l day of ,„ 'X & , before me, the under -signed, __ , a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the of the corporation that executed the foregoing instrument, andlicowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. .Y l.MLIC in and for the Stat , of Washington, residing at FAppointMAnt tary Public of Washington HARTFELDER Expires Jun 25, 2019 L,:1TEMP\Btl l DING\FORNIS'BON:T)Maiy.xl'rozen.docIOi72/20 3 N 0 City of Edmonds Maintenance Frozen Fund Account Page Three I E' ELOPE/OWNEI ACKNOWLEGEM NT Partnarshil STATE OF WASHINGTON ) COUNTY OF �dCk ) ss. On this ,.,.,., ts"_ _...., ._, day of � _, , before me, the under signed, a Notary .Public in and for the State of Washington, duly commissioned and sworn, personally appeared me known to be the of AL&r the ..., the said instrument to be instrument , and acknowledged general p�rrtrtershtl that executed the foregoing the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, and on oath stated that was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. I Notary Public State of Washington WENDY HARTFELDER My Appointment Expires Jun 25, 2019 n L:\TEMP\BUILDING`•:FORMS\BONDMainFrozen.doe 10/22/20I3 R,,Y * EiLIC in and for the of Washington, residing at