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<br /> Exhibit D
<br /> Form of Warranty Bond
<br /> WARRANTY BOND
<br /> (SUBDIVISION)
<br /> WHEREAS, the City of Redwood City ("City"), County of San Mateo, State of California,
<br /> and LMI Redwood Holdings, LLC, a Delaware limited liability company(hereinafter designated as
<br /> "Principal") have entered into a Subdivision Improvement Agreement dated
<br /> 20_ ("Agreement"), the terms and conditions of which are incorporated herein by reference,
<br /> whereby Principal agrees to install and complete certain designated public improvements for the
<br /> following project:
<br /> Main and Marshall, 601 Main Street, Redwood City
<br /> WHEREAS, said Principal is required under the terms of said Agreement to provide a
<br /> ' warranty security.
<br /> NOW, THEREFORE, we, the Principal and a
<br /> and duly licensed to transact surety business in California and
<br /> authorized to execute bonds and undertaking as sole surety, as Surety, are hereby held and firmly
<br /> bound unto the City in the amount of $ , for the payment of which sum well and
<br /> truly to be made, we bind ourselves, our heirs, successors, executors and administrators,jointly
<br /> and severally, firmly by these presents. Surety will pay the same in an amount not exceeding the
<br /> amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition
<br /> to the face amount thereof, costs and reasonable expenses and fees, including reasonable
<br /> attorney's fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed
<br /> by the court, and to be taxed as costs and to be included in the judgment therein rendered.
<br /> THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if Principal (or its heirs,
<br /> executors, administrators, successors, or assigns approved by the City) performs the covenants,
<br /> conditions, and obligations of the warranty requirements of Section 13.1(c) of the Agreement,
<br /> including the obligation to indemnify, defend, and hold harmless the City as set forth in Section
<br /> 17, then this obligation shall become null and void; otherwise it shall be and remain in full force
<br /> and effect.
<br /> The Surety's obligation under this bond shall hold good for a period of one(1)year from the date
<br /> of the City's acceptance of said public improvement work.
<br /> The Surety's obligation under this bond shall arise after the City has provided written notice to the
<br /> Surety, at the address set forth below, of the Principal's default under the Agreement, and the
<br /> Principal's failure to cure the default in accordance with the terms of the Agreement.
<br /> The Surety hereby agrees, for value received, that its obligations under this bond shatl in no way
<br /> be impaired or modified by any modification to the Agreement by the City and the Principal, and
<br /> the Surety hereby waives notice of any such modification.
<br /> ATTY/AGR/2013.217/IMPROVEMENT AGR 601 MAIN ST
<br /> REV:11-12-13 VR
<br /> Page 20 of 24
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