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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 />