DEVELOPMENT STANDARDS SECTION 9 – BONDING STANDARDS 11 Work in City Right of Way Bond City of Ellensburg KNOW ALL MEN BY THESE PRESENTS: That we,___________________________________________, as Principal, and the ______________________________________, (Lender, Depositor) whose principal office is located at____________________________, are held firmly bound unto the CITY OF ELLENSBURG, WASHINGTON, a Municipal Corporation, in the penal sum of ______________________________________________________________________________, ($___________________) DOLLARS, lawful money of the United States to be paid to the said City of Ellensburg, or to any person sustaining loss or injury for the exercise of doing work in a City street, sidewalk, alley, public thoroughfare, or public easement whichever is greater as provided by City of Ellensburg ordinance, the said principal binds himself, his heirs, executors, and administrators, and the said surety binds itself, its successors and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated this _________________day of______________,20________. The conditions of this obligation are such that the above bounden Principal has applied for a permit to do work in a City street, sidewalk, alley, public thoroughfare, or public easement whichever is greater as required under Title Four of the City of Ellensburg Municipal Code. Principal agrees that actual construction of the approved off-site improvements covered by Name of Project ________________________________________________ Principal agrees that these funds will be released to the City of Ellensburg upon notice by the City of Ellensburg that the improvements and or repairs were not completed within the prescribed time, unless time extension has been provided in writing by the City of Ellensburg. NOW THEREFORE, the above named Principal shall indemnify, defend and save harmless the City of Ellensburg from all claims, actions or damages of every kind and description which may accrue as a result of opening and/or working upon any roadway, alley, easement or other public place, by him or those in his employ, in installing or making connections with any public or private sewer or water system or any other purpose of object whatever, and that he will replace and restore such roadway, street, alley, avenue or other public place to a good a state or condition as at the time of the commencement of said work, and maintain the same in good order to the decided satisfaction of the City of Ellensburg, and that he will comply with all the provisions of his or her franchise or permit, and all resolutions or instruments relating thereto, then this obligation to be null and void, otherwise to remain in full force and effect. Under no circumstances will the release of these funds be authorized without the written permission of the City of Ellensburg. If either party brings litigation to enforce any term or condition of this agreement, or as a result of this agreement, prevailing party shall be awarded its reasonable attorneys’ fees together with necessary fees, expenses, and costs incurred for such litigation at both trial and appellate levels, as well as in obtaining
