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release or receipt in full, CONTRACTOR may furnish a bond satisfactory to CITY to indemnify <br />CITY against any lien. <br />CONTRACTOR shall submit to CITY within forty-five days (45) of the date of <br />issuance of the certificate of occupancy for the applicable portion of the Work the completed set of <br />"As- Built" drawings relative to the parking garage and park for review and approval. The "As- Built" <br />drawings shall be prepared, sealed and certified by the appropriate professional licensed by the State <br />of Florida. Prior to approval, if necessary, the drawings may be returned to CONTRACTOR for <br />changes or modifications if in the opinion of City Manager they do not represent correct or accurate <br />"As- built" drawings. <br />15.4 Final Payment and Acceptance. <br />15.4.1 If the Work is not acceptable to the CITY, then the CITY shall indicate the reasons <br />for refusing to make final payment, in which case CONTRACTOR shall make the necessary <br />corrections or compliance and resubmit the Application for payment. If the CITY is satisfied that the <br />Work has been completed in accordance with the Contract Documents and the CONTRACTOR'S <br />other obligations under the Contract Documents have been fulfilled, the CITY will agree to make the <br />final payment. <br />15.4.2 If, through no fault of CONTRACTOR, final completion of the Work is significantly <br />delayed, CITY may consider making payment of the balance due for that portion of the Work fully <br />completed and accepted. If the remaining balance to be held by CITY for Work not fully completed <br />or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished <br />as required, the written consent of the surety to the payment of the balance due for that portion of the <br />Work fully completed and accepted may be submitted by CONTRACTOR for such payment. The <br />CITY may consider making such payment under the terms and conditions governing final payment, <br />except that it shall not constitute a waiver of claims. <br />15.5 Final payment, constituting the entire unpaid balance of the Guaranteed Maximum <br />Price, shall be paid by the CITY to the CONTRACTOR when the Work has been completed in <br />accordance with the Contract Documents, and this Agreement fully performed. The making of final <br />payment shall constitute a waiver of claims by CITY except those arising from: <br />15.5.1 Liens, claims, security interests or encumbrances arising out of this Agreement and <br />unsettled. <br />15.5.2 Faulty or defective work and latent defects discovered after acceptance. <br />15.5.3 Failure of the work to comply with the requirements of the Contract Documents. <br />15.5.4 Terms of special warranties required by the Contract Documents. <br />15.5.5 Any of CONTRACTOR'S continuing obligations under this Agreement. <br />30 <br />