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(e)The cost of the escrow agent, if any, shall be paid from interest earnings or <br />other funds in the Construction Fund. <br />(f)If there are unexpected site conditions that trigger a change order, such as <br />hazardous materials or underground structures, or other change orders caused by the acts <br />or omissions of the Property Owner or resulting from the breach of Property Owner’s <br />obligations hereunder, and there are insufficient funds in the Construction Fund to pay for <br />the change order and the remaining Project Costs (“Shortfall”), the Property Owner shall <br />deposit sufficient funds into the Construction Fund to alleviate the Shortfall. <br />6.Acceptance of URA Public Improvements. <br />(a)The URA Public Improvements shall be subject to City inspection and <br />Construction Acceptance, followed by a two-year warranty period, and then final <br />acceptance in accordance with the City’s procedures for inspection and acceptance of <br />subdivision improvements (“Final Acceptance”). Contracts for construction of the URA <br />Public Improvements shall require that for a two-year period from and after the date of <br />City Construction Acceptance, Property Owner or its contractor(s) shall, at no expense to <br />the City, take all actions necessary to remedy any defect in the URA Public <br />Improvements under such warranty, and make all related repairs or replacements which, <br />in the reasonable opinion of the City, shall become necessary to obtain Final Acceptance. <br />A financial guarantee for completion of warranty work, in an amount equal to 15% of the <br />costs of the completed improvements as determined by the City, shall be maintained until <br />final acceptance, through retained funds within the Construction Account or through a <br />financial guarantee posted with the City in accordance with the Subdivision Agreement. <br />11 <br />22 <br />