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Res 2006-153
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Res 2006-153
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Last modified
3/6/2007 2:01:04 PM
Creation date
10/23/2006 10:26:42 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2006-153
Date
9/19/2006
Volume Book
169
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<br />(iii) a cost summary of all Project Costs incurred for the Project; <br /> <br />(iv) a certificate of Completion as to the Project, executed by an officer <br />authorized to bind the Developer, and by the engineer engaged by the Developer, certifying <br />Completion of the Project; <br /> <br />(v) evidence that all contractors, subcontractors, laborers, <br />materialmen, architects, engineers and all other parties who have performed work on or <br />furnished materials for the Project have been paid in full, together with executed and delivered <br />releases of lien or customary affidavits executed by such contractors and other parties. <br /> <br />(vi) evidence that all claims and liabilities of the Developer or its <br />contractor(s) related to the Project have been satisfied and released; and <br /> <br />(vii) any other information reasonably requested by the Zone or the <br />City, including any information relating to compliance with this Article 4. <br /> <br />Section 4.03 Proiect Construction Schedule. The Developer shall ensure that the <br />contractor for the Project complies with the construction schedule (the "Construction Schedule") <br />attached hereto as Exhibit D. If substantial completion of the Project is delayed by reason of <br />war, civil commotion, acts of God, inclement weather, governmental restrictions, regulations, <br />fire or other casualty, court injunction, necessary condemnation proceedings, interference by <br />third parties, or any circumstances reasonably beyond Developer's control, then at the City's <br />reasonable discretion, the deadlines set forth in the Construction Schedule may be extended by the <br />period of any such delay. <br /> <br />Section 4.04 Bonds. The Developer shall, before beginning construction on the Project, <br />either obtain itself (with the City as beneficiary), or cause its general contractor to obtain (with <br />the Developer and the City as beneficiaries), a payment bond and a performance bond in an <br />amount sufficient to cover the entire cost of constructing and installing the Project, and deliver <br />an original of the bonds to the City. These bonds shall be issued by a firm or firms authorized to <br />do business in Texas, and the form of the bonds shall be subject to approval by the City. The <br />Performance Bond will remain in effect for the one year period during which the Developer is <br />responsible for correcting any defects in materials or workmanship in the Project. <br /> <br />Section 4.05 Correction of Defects in Proiect. The Developer shall, at its own cost and <br />expense, correct any defects in materials or workmanship in the Project that occur or are <br />discovered within one year after the City issues the Letter of Acceptance under Section 3.04 <br />above. After the correction of any such defects, the Developer's maintenance responsibility for <br />the Project will cease. <br /> <br />Section 4,06 Inspection of Books and Records. The Developer grants the City the right <br />to examine all of the Developer's books and records related to this Agreement (including such <br />items as contracts, paper, correspondence, copy, books, accounts, billings and other information <br />related to the performance of Developer's services hereunder) regardless of where they are <br />located, during regular business hours and after notice to the Developer. The Developer also <br />grants the City the right to perform any and all additional audit tests relating to Project Costs <br /> <br />-8- <br />
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