Common use of Performance and Payment Surety Clause in Contracts

Performance and Payment Surety. Developer or its Contractor, as the case may be, shall furnish the District with a surety to secure the completion of and payment for the facilities. The amount of the performance surety shall not be less than 100% of the District’s estimate of the total cost to construct all of the facilities required under this Agreement. The amount of the payment surety shall not be less than 100% of the District’s estimate of the total cost to construct all of the facilities required under this Agreement. The surety instrument shall be in a form satisfactory to the District such as a performance and payment bond, irrevocable letter of credit, cash deposit, or irrevocable construction "set-aside" letter. Such surety may include evidence that it was submitted to another public agency of an equivalent or greater amount covering the work to be done under this Agreement. Each surety must be authorized in the State of California to issue the surety instrument provided. All surety instruments signed by an agent must be accompanied by a certified copy of the agent’s authority to act.

Appears in 3 contracts

Samples: Infrastructure Agreement, Infrastructure Agreement, Infrastructure Agreement

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Performance and Payment Surety. Developer or its Contractor, as the case may be, shall furnish the District with a surety to secure the completion of and payment for the facilitiesFacilities. The amount of the performance surety shall not be less than 100% of the District’s estimate of the total cost to construct all of the facilities Facilities required under this Agreement. The amount of the payment surety shall not be less than 100% of the District’s estimate of the total cost to construct all of the facilities Facilities required under this Agreement. The surety instrument shall be in a form satisfactory to the District such as a performance and payment bond, irrevocable letter of credit, cash deposit, or irrevocable construction "set-aside" letter. Such surety may include evidence that it was submitted to another public agency of an equivalent or greater amount covering the work to be done under this Agreement. Each surety must be authorized in the State of California to issue the surety instrument provided. All surety instruments signed by an agent must be accompanied by a certified copy of the agent’s authority to act.

Appears in 1 contract

Samples: Infrastructure Agreement

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Performance and Payment Surety. Developer or its Contractor, as the case may be, shall furnish the District with a surety to secure the completion of and payment for the facilities. The amount of the performance surety shall not be less than 100% of the District’s estimate of the total cost to construct all of the facilities required under this Agreement. The amount of the payment surety shall not be less than 100% of the District’s estimate of the total cost to construct all of the facilities required under this Agreement. The surety instrument shall be in a form reasonably satisfactory to the District such as a performance and payment bond, irrevocable letter of credit, cash deposit, or irrevocable construction "set-aside" letter. Such surety may include evidence that it was submitted to another public agency of an equivalent or greater amount covering the work to be done under this Agreement. Each surety must be authorized in the State of California to issue the surety instrument provided. All surety instruments signed by an agent must be accompanied by a certified copy of the agent’s authority to act.

Appears in 1 contract

Samples: Sewer and Recycled Water Infrastructure Agreement

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