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J:\FORMS\Templates\Encroachment Permits\Encroachment Permit Maintenance Bond.doc (Rev. 03/08) BOND FOR FAITHFUL PERFORMANCE OF MAINTENANCE PERIOD ENCROACHMENT PERMIT NO. We, the undersigned "Principal") and , a corporation organized under the laws of the State of and authorized to transact business in the State of California, as Surety, are obligated to the City of Campbell (hereinafter "City"), a municipal corporation under the laws of the State of California, in the sum of Dollars ) for the payment of which sum we obligate ourselves and our successors and assigns, jointly and severally by the following provisions: The condition of this obligation is that the Principal entered, or is about to enter, into a certain written Contract with the City dated , 20 and entitled a one year maintenance period of the work described in said Contract, a true and correct copy of which is presently on file in the office of the City Clerk of the City of Campbell, which said agreement is hereby referred to and made a part hereof. And, the City requires a guarantee from the Principal against defective materials and workmanship in connection with that maintenance. Now, therefore, the Principal agrees that it shall make all repairs or replacements necessary during the period of oneyear from the date of acceptance of the contract work, by reason of defective materials or workmanship in connection with the Contract. If those defective materials or workmanship occur within that period, the City shall give the Principal and Surety written notice of that defect within 60 days after discovery. When each replacement is made to the satisfaction of the City, the obligation of the Principal and Surety shall be discharged as to that replacement, otherwise to remain in full force and effect, with surety obligated to secure full and faithful performance of all of Principal’s obligations under the abovereferenced contract. Any repairs or replacements made under this bond shall in like manner be subject to the terms and conditions of it. No prepayment or delay in payment and no changes, extensions, addition or alteration of any provision of said Contract or in any plans and specifications referred to herein, and no forbearance on the part of the City shall operate to release the Surety from liability on this bond, and consent to make such alterations without further notice to or consent by the Surety is hereby given, and the Surety hereby waives the provisions of Section 2819 of the Civil Code of the State of California. In witness, the parties have executed this agreement as of , 20 . By Address of (Attach Acknowledgements) Surety's Bond (Both Principal's and (Accompany this bond with Attorneyinfact's Surety's Attorney in Fact) authority from Surety to execute the bond certified to include the date of the bond.)