DEVELOPMENT STANDARDS SECTION 9 – BONDING STANDARDS 15 Maintenance Bond DATE POSTED: ____________________________ DATE EXPIRES:____________________________ RE: PLAT / PROJECT:___________________________________________________ Owner/Developer/Contractor:_________________________________________ Project Address:____________________________________________________ KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the City of Ellensburg, Washington (hereinafter “City”) has approved an application by ______________________ (hereinafter “Developer”) for the construction of an extension to the City’s infrastructure to serve the ________________________________________ (hereinafter “Development”), in accordance with the City ordinances governing street, storm sewer, sanitary sewer, and water, which are incorporated into this agreement by reference, and which require the Developer to furnish a bond for the faithful maintenance of the work, including replacement or repair, for a period of 12 months from the final and written acceptance by the City. NOW, THEREFORE, Developer and ________________________________ (hereinafter Surety, Lender, Depositor), are held and firmly bound to the City in the amount of ________________________________________________________ dollars ($___________) for the payment of which Developer and Surety do jointly and severally bind themselves, their heirs, personal representatives, successors and assigns. 1. The work shall remain free of defects in material, workmanship and installation for a period of 12 months from the final and written acceptance by the City; and in the case of street trees, shall survive for a period of 12 months from the date of final and written acceptance by the City. Maintenance is defined as acts carried out to prevent a decline, lapse or cessation of the state of project as accepted by the City during the 12 month period following final and written acceptance, and includes but is not limited to repair or replacement of defective workmanship, materials or installations. These improvements include, but are not limited to: ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ 2. The Developer and Surety, Lender, Depositor agree that in the event that any of the improvements or restoration work installed or completed by the Developer or Surety pursuant to the above referenced permit, plans, conditions and file, fail to remain free from defects in materials, workmanship or installation, for a period of 12 months from the date of acceptance of the work by the City, the Developer shall repair and/or replace the same within ten (10) days of demand by the City, and if the Developer should fail to do so, then the Surety shall, within (20) days of demand by the City, make a written commitment to the City that it will either: a) Remedy the defect(s) itself with reasonable diligence pursuant to a time schedule acceptable to the City, or b) Tender to the City within an additional ten (10) days, the amount necessary as determined by the City, for the City to remedy the defect(s), up to the total bond amount.
