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12. No Waiver by the City; Final Acceptance. Inspection of the work and/or materials, or <br />approval of work and/or materials inspected, use of the work by the public as public right-of-way, <br />or statement by any officer, agent, or employee of the City indicating the work complies with the <br />requirements of this Agreement, shall not relieve the Subdivider from the obligation to fulfill the <br />Agreement as prescribed herein. Acceptance of any part or stage of said improvements shall not be <br />final until a written notice of acceptance of all the improvements shall have been delivered to <br />Subdivider. <br />13. Improvement Security. Concurrently with the execution hereof Subdivider shall <br />furnish City: <br />(a) Improvement security in the sum of THREE HUNDRED FIFTY-FOUR <br />THOUSAND AND EIGHT HUNDRED FIFTY-THREE DOLLARS ($354.853.00), which sum is <br />equal to one hundred percent (100%), of the estimated cost of constructing the "required <br />improvements" and the cost of any other obligation to be performed by Subdivider hereunder, <br />securing the faithful performance of this Agreement. <br />(b) Separate improvement security in the sum of THREE HUNDRED FIFTY- <br />FOUR THOUSAND AND EIGHT HUNDRED FIFTY-THREE DOLLARS ($354,853.00), which <br />sum is equal to one hundred percent (100%) of the estimated cost of constructing the required <br />improvements, security payment to the contractor, his subcontractor and to persons furnishing <br />labor, materials or equipment to them for the construction of the required improvements, and for <br />the payment of amounts due under the Unemployment Insurance Act with respect to such work or <br />labor in connection with the installation of such improvements. The form of the improvement <br />security shall be subject to the approval of the City Attorney. Improvement security shall be <br />TRACT MAP 6533 <br />MARINA VISTA - PHASE 5 <br />SUBDIVISION IMPROVEMENT AGREEMENT <br />C:\MAPS\TM6533\SUBR-APAG.DOC <br />R <br />