Res 2013-181/Authorizing a Utility Extension and Participation agreement between C.S. Meeks

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immediately obtain a bond at its expense and hold City harmless from any losses that may result from the filing or enforcement of any said lien notice. 3.5.3 Affidavit of bills paid. Prior to the issuance of a Letter of Completion of the improvements, Developer shall provide City a notarized affidavit stating that all bills for labor, materials, and incidentals incurred have been paid in full, that any claims from manufacturers, materialmen, and subcontractors have been released, and that there are no claims pending of which Developer has been notified. 3.6. Payment. The City agrees to reimburse Developer 86.97% of the cost of construction of the Wastewater Improvements, being the estimated cost for the additional wastewater improvements being requested by the City. The City's total participation cost shall not exceed $166,900.00. 3.6.1 City Participation Payment. Developer shall submit the written application for City participation payment within thirty (30) days after issuance of all Letters of Completion relating to the Project. City will pay its participation funds in one payment within thirty (30) days after receipt of a complete written application for participation payment from Developer. 3.6.2 Application for Payment. Application for payment by the Developer to the City for payment to the Developer pursuant to the terms of this Agreement must include the following in a form acceptable to City: (1) Final Completion of the Project in accordance with the Approved Plans; (2) issuance of all Letters of Completion relating to the Project; (3) Developer's compliance with all City Codes, Ordinances and standards relating to the Proj ect; (4) dedication easements in a form acceptable to the City upon completion sufficient for the City's ongoing operation and maintenance of the Improvements; (5) lien releases or subordinations from all lenders as required by City; (6) proof that all guarantees of performance and payment as set forth in this Agreement have been met, including all bond requirements when applicable; and (7) a breakdown of actual costs of the Project with supporting documentation, including all payment receipts. 3.7 Right to Inspect the Work. City may inspect the improvements for compliance with the Approved Plans during construction. In the event that it is determined by City that any of the work or materials furnished is not in strict accordance with the Approved Plans, City may withhold funds until the nonconforming work conforms to the Approved Plans. 3.8 Easement Dedication. Developer agrees to and shall dedicate at no cost to the City all easements necessary for the Project. 51