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AgdaPkt 2021.02.08 Joint SA PFA
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AgdaPkt 2021.02.08 Joint SA PFA
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Last modified
2/11/2021 4:35:44 PM
Creation date
2/4/2021 4:26:17 PM
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CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
2/8/2021
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8.A. - Page 71 of 154 <br />applicable, and Developer's delivery of the warranty security <br />described in Subsection 13.1(c) or 13.2(c), as applicable. At the <br />request of Developer, the City Engineer may release a portion of <br />the security for performance in conjunction with the acceptance <br />of part of the Non-Blomquist Improvements or Blomquist <br />Improvements, as applicable; provided, however, that no such <br />release will be for an amount less than ten percent (10%) of the <br />total security for performance and such security will not be <br />reduced to an amount less than seventy-five percent (75%) of <br />the total security for performance until final completion and City <br />acceptance of the Non-Blomquist Improvements or Blomquist <br />Improvements, as applicable. In no event will the City Engineer <br />authorize a release of the security for performance, which would <br />reduce such security to an amount below that required to <br />guarantee the completion of the remaining Non-Blomquist Work <br />or Blomquist Work, as applicable, and any other obligation <br />imposed under this Agreement. <br />B. Security furnished to secure payment to <br />contractors, subcontractors, and to persons providing labor, <br />materials or equipment will, six (6) months after acceptance of <br />all of the Non-Blomquist Improvements or Blomquist <br />Improvements, as applicable, be reduced to an amount equal to <br />the total amount claimed by all claimants for whom liens have <br />been filed and of which notice has been given to City, plus an <br />amount reasonably determined by the City Engineer to be <br />required to assure the performance of any other obligations <br />secured by the security. The balance of the payment security <br />will be released upon settlement or release of all claims and <br />obligations for which the security was given. <br />C. If Developer's obligations relating to any Non- <br />Blomquist Improvements or Blomquist Improvements, as <br />applicable, are subject to the approval of another governmental <br />agency, City will not release the improvement security thereof <br />until the obligations are performed to the satisfaction of such <br />other governmental agency. Such agency will have two (2) <br />months after Developer's performance of the obligation to <br />register its satisfaction or dissatisfaction. If at the end of that <br />period such agency has not registered its satisfaction or <br />dissatisfaction, it will be conclusively deemed that Developer's <br />performance of the obligation was done to its satisfaction. <br />15. Warran1y 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 />REV: 01-21-2021 PR <br />ATTYIAGR.2021.01011548 Maple LLC (Page 13 of 29) 283 <br />
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