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AgdaPkt 2020-03-09 Joint
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AgdaPkt 2020-03-09 Joint
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Last modified
10/1/2020 11:25:10 AM
Creation date
3/5/2020 4:04:14 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
3/9/2020
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6.C. - Page 14 of 111 <br />(a) Security for Performance: The security for performance will <br />be released upon the final completion of the Work, City's acceptance of the <br />Improvements and Developer's delivery of the warranty security described <br />in Subsection 13.1(c). At the request of Developer, the City Engineer may <br />release a portion of the security for performance in conjunction with the <br />acceptance of part of the Improvements; provided, however, that no such <br />release will be for an amount less than ten percent (10%) of the total security <br />for performance and such security will not be reduced to an amount less <br />than seventy-five percent (75%) of the total security for performance until <br />final completion and City acceptance of the Improvements. In no event will <br />the City Engineer authorize a release of the security for performance which <br />would reduce such security to an amount below that required to guarantee <br />the completion of the remaining Work and any other obligation imposed <br />under this Agreement. <br />(b) Security for Payment: Security furnished to secure payment <br />to contractors, subcontractors, and to persons providing labor, materials or <br />equipment will, six (6) months after acceptance of all of the Improvements, <br />be reduced to an amount equal to the total amount claimed by all claimants <br />for whom liens have been filed and of which notice has been given to City, <br />plus an amount reasonably determined by the City Engineer to be required <br />to assure the performance of any other obligations secured by the security. <br />The balance of the payment security will be released upon settlement or <br />release of all claims and obligations for which the security was given. <br />(c) If Developer's obligations relating to any Improvements are <br />subject to the approval of another governmental agency, City will not <br />release the improvement security thereof until the obligations are performed <br />to the satisfaction of such other governmental agency. Such agency will <br />have two (2) months after Developer's performance of the obligation to <br />register its satisfaction or dissatisfaction. If at the end of that period such <br />agency has not registered its satisfaction or dissatisfaction, it will be <br />conclusively deemed that Developer's performance of the obligation was <br />done to its satisfaction. <br />15. Warranty Period Repair and Reconstruction. Without limiting the foregoing, <br />Developer expressly warrants and guarantees all Work performed under this Agreement <br />and all materials used in the Work for a period of one (1) year after City's final acceptance <br />in accordance with Section 12. If, within this one (1) year warranty period, any <br />Improvement or part of any Improvement installed or constructed, or caused to be <br />installed or constructed by Developer, or any of the Work done under this Agreement, <br />fails to fulfill any of the requirements of the Improvement Plans or this Agreement, <br />Developer will, without delay and without cost to City, repair, replace or reconstruct any <br />defective or otherwise unsatisfactory part or parts of the Work or Improvement to the <br />satisfaction of the City Engineer. Should Developer fail to act promptly or in accordance <br />with this requirement, and such failure is not cured within the time period set forth in <br />Section 23, or should the exigencies of the situation require repairs, replacements or <br />REV: 02-18-2020 PR <br />41 <br />ATTYIAGR.2020.0251Premia 1180 Main Owner, LLC (Page 7 of 22) <br />
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