Common use of Public Improvements Clause in Contracts

Public Improvements. Developer shall design, install, maintain and pay for improvements as set forth in this paragraph, which improvements shall be dedicated or conveyed to the public, and which are hereafter referred to as the “Public Improvements”: Sanitary sewer, storm sewer, water systems, storm water/drainage infrastructure, sidewalks, streets, and other public improvements referred to and identified in this Development Agreement, along with all restoration costs. The Public Improvements shall be installed in accordance with the Plans; federal, state and local law; and subject to City Engineer, City Planner and City Water, Light and Power Commission approval. As a condition of the City’s acceptance of the Public Improvements, the Developer’s engineer shall certify to the City that the Developer’s engineer made reasonable inspections of the Public Improvements and that the design, construction, operation, and condition of the Public Improvements comply with the Development Agreement, as well as with federal, state and local law. Developer shall complete all Public Improvements and obtain the City’s written approval of the Public Improvements no later than: , 201 . Upon the City’s written acceptance of the Public Improvements, the Public Improvements shall automatically become property of the City without further notice or action. Developer shall convey to the City, through dedication in the final plat or a separate conveyance document, fee title or an easement (whichever is required by the City) to (a) the property encompassing all Public Improvements, (b) property necessary for all public and private connections and access to all Public Improvements, and (c) all other property interests, conveyance of which is required by this Development Agreement. Developer shall obtain the City Engineer’s written approval of the form of the conveyance document and the location of all such easements or fee title conveyances. Any part of the Property conveyed, transferred or assigned to the City by deed, dedication, plat, easement, or otherwise shall be conveyed or transferred free and clear of any mortgage, liens, restrictions, interests, or encumbrances, so that upon such conveyance, transfer or dedication, the City shall have good and marketable title thereto clear of any other rights or interests in the Property. Developer shall pay all costs of acquiring any such rights or interests in the Property that are conveyed to the City pursuant to this paragraph, as well as the cost of recording any such plat, easement or deed. Under no circumstances shall Developer charge or assess, directly or indirectly, any fee, charge, assessment or consideration, to any party, for connection or access to, or service by, any Public Improvement. Within 30 days after the completion of the Public Improvements, Developer shall supply to the City a complete set of reproducible “as constructed” plans, and four complete sets of blue line “as constructed” plans, all prepared in accordance with City standards. Developer warrants all Public Improvements against any defects, poor material and faulty workmanship for a period of two years after its completion by Developer and acceptance by the City. Any replacement work shall be so warranted for two years after its completion by Developer and acceptance by the City. All landscaping including but not limited to, trees, bushes, shrubs, grass and sod, shall be warranted to be alive, of good quality and disease free for 12 months after planting. Any replacements shall be so warranted for 12 months after planting. All buffer yard landscaping shall be warranted for two years, commencing with final installation of plants within the buffer yards. Prior to acceptance of the Public Improvements by the City, Developer shall post maintenance bonds, in a form acceptable to the City Attorney, naming the City as an obligee, which secure all warranties identified in this paragraph 6. These maintenance bonds shall be in addition to, and not in lieu of, the security required in paragraph 13 of this Development Agreement.

Public Improvements. Developer shall design, install, maintain install and pay for improvements as set forth in this paragraph, paragraph which improvements shall be dedicated or conveyed to the public, and which are hereafter referred to as the “Public Improvements” a. Developer shall install and pay for the following Public Improvements: Sanitary sewer, storm sewer, water systems, storm water/drainage infrastructure, sidewalks, streets, removal of access points from the Property to Highway 16 and other public improvements referred to and identified in this Development Agreement, along with all restoration coststhe Plans. The Public Improvements shall be installed or performed in accordance with the Plans; federal, state and local law; City ordinances and shall be subject to City Engineer, City Planner and City Water, Light and Power Commission approval. As a condition of the City’s acceptance of the Public Improvements, the Developer’s engineer shall certify to the City that the Developer’s engineer made reasonable inspections of the Public Improvements and that the design, construction, operation, and condition of the Public Improvements comply were built in accordance with the this Development Agreement, as well as with federal, state and local law. . b. Developer shall complete all Public Improvements and obtain the City’s written approval acceptance of the Public Improvements no later than: than June 1, 201 . 2025. c. Upon the City’s written acceptance of the Public Improvements, the Public Improvements shall automatically become property of the City without further notice or action. Developer shall convey to the City, through dedication in the final plat or a separate conveyance document, fee title or an easement (whichever is required by the City) to (a) the property encompassing all Public Improvements, (b) property necessary for all public and private connections and access to all Public Improvements, and (c) all other property interests, conveyance of which is required by this Development Agreement. Developer shall obtain the City Engineer’s written approval of the form of the conveyance document and the location of all such easements or fee title conveyances. Any part of the Property conveyed, transferred or assigned to the City by deed, dedication, plat, easement, or otherwise shall be conveyed or transferred free and clear of any mortgage, liens, restrictions, interests, or encumbrances, so that upon such conveyance, transfer or dedication, the City shall have good and marketable title thereto clear of any other rights or interests in the Property. Developer shall pay all costs of acquiring any such rights or interests in the Property that are conveyed to the City pursuant to this paragraph, as well as the cost of recording any such plat, easement or deed. . d. Under no circumstances shall Developer charge or assess, directly or indirectly, any fee, charge, assessment or consideration, to any party, for connection or access to, or service by, any Public Improvement. . e. Within 30 days after the completion of the Public Improvements, Improvements Developer shall supply to the City a complete set of reproducible “as constructed” plans, and four complete sets of blue line “as constructed” plans, all prepared in accordance with City standards. . f. Developer warrants all Public Improvements against any defects, poor material and faulty workmanship for a period of two years after its completion by Developer and acceptance by the City. Any replacement work shall be so warranted for two years after its completion by Developer and acceptance by the City. All landscaping including but not limited to, trees, bushes, shrubs, grass and sod, shall be warranted to be alive, of good quality and disease free for 12 months after planting. Any replacements shall be so warranted for 12 months after planting. All buffer yard landscaping shall be warranted for two years, commencing with final installation planting of plants within the buffer yards. replacement. g. Prior to acceptance of the Public Improvements by the City, Developer shall post maintenance bonds, in a form acceptable to the City AttorneyCity, naming the City as an obligee, which secure all warranties identified in this paragraph 65. These maintenance bonds shall be in addition to, and not in lieu of, the security Security required in paragraph 13 23 of this Development Agreement.

Public Improvements. Developer shall design, install, maintain install and pay for improvements as set forth in this paragraph, paragraph which improvements shall be dedicated or conveyed to the public, and which are hereafter referred to as the “Public Improvements” a. Developer shall install and pay for the following Public Improvements: Sanitary sanitary sewer, storm sewer, water systems, storm water/drainage infrastructure, sidewalks, streets, trails and other public improvements referred to and identified in this Development Agreement, along with all restoration costsFinal Plat and Plans. The Public Improvements shall be installed in accordance with the attached Plans; federal, state and local law; City ordinances and shall be subject to City Engineer, City Planner and City Water, Light and Power Commission approval. As a condition of the City’s acceptance of the Public Improvements, the Developer’s engineer shall certify to the City that the Developer’s engineer made reasonable inspections of the Public Improvements and that the design, construction, operation, and condition of the Public Improvements comply were built in accordance with the this Development Agreement, as well as with federal, state and local law. . b. Developer shall complete all Public Improvements and obtain the City’s written approval acceptance of the Public Improvements no later than: than November 30, 201 . 2016, with the exception of landscaping along the berm and parkside area to be completed by June 30, 2017. c. Upon the City’s written acceptance of the Public Improvements, the Public Improvements shall automatically become property of the City without further notice or action. Developer shall convey to the City, through dedication in the final plat or a separate conveyance document, fee title or an easement (whichever is required by the City) to (a) the property encompassing all Public Improvements, (b) property necessary for all public and private connections and access to all Public Improvements, and (c) all other property interests, conveyance of which is required by this Development Agreement. Developer shall obtain the City Engineer’s written approval of the form of the conveyance document and the location of all such easements or fee title conveyances. Any part of the Property conveyed, transferred or assigned to the City by deed, dedication, plat, easement, or otherwise shall be conveyed or transferred free and clear of any mortgage, liens, restrictions, interests, or encumbrances, so that upon such conveyance, transfer or dedication, the City shall have good and marketable title thereto clear of any other rights or interests in the Property. Developer shall pay all costs of acquiring any such rights or interests in the Property that are conveyed to the City pursuant to this paragraph, as well as the cost of recording any such plat, easement or deed. . d. Under no circumstances shall Developer charge or assess, directly or indirectly, any fee, charge, assessment or consideration, to any party, for connection or access to, or service by, any Public Improvement. . e. Within 30 days after the completion of the Public Improvements, Improvements Developer shall supply to the City a complete set of reproducible “as constructed” plans, and four complete sets of blue line “as constructed” plans, all prepared in accordance with City standards. . f. Developer warrants all Public Improvements against any defects, poor material and faulty workmanship for a period of two years after its completion by Developer and acceptance by the City. Any replacement work shall be so warranted for two years after its completion by Developer and acceptance by the City. All landscaping including but not limited to, trees, bushes, shrubs, grass and sod, shall be warranted to be alive, of good quality and disease free for 12 months after planting. Any replacements shall be so warranted for 12 months after planting. All buffer yard landscaping shall be warranted for two years, commencing with final installation planting of plants within the buffer yards. replacement. g. Prior to acceptance of the Public Improvements by the City, Developer shall post maintenance bonds, in a form acceptable to the City AttorneyCity, naming the City as an obligee, which secure all warranties identified in this paragraph 67. These maintenance bonds shall be in addition to, and not in lieu of, the security Security required in paragraph 13 32 of this Development Agreement.

Public Improvements. Developer shall design, install, maintain install and pay for improvements as set forth in this paragraph, paragraph which improvements shall be dedicated or conveyed to the public, and which are hereafter referred to as the “Public Improvements” a. Developer shall install and pay for the following Public Improvements: Sanitary sanitary sewer, storm sewer, water systems, storm water/drainage infrastructure, sidewalks, streets, trails and other public improvements referred to and identified in this Development Agreement, along with all restoration coststhe Final Plat and Plans. The Public Improvements shall be installed in accordance with the Plans; federal, state and local law; City ordinances and shall be subject to City Engineer, City Planner and City Water, Light and Power Commission approval. As a condition of the City’s acceptance of the Public Improvements, the Developer’s engineer shall certify to the City that the Developer’s engineer made reasonable inspections of the Public Improvements and that the design, construction, operation, and condition of the Public Improvements comply were built in accordance with the this Development Agreement, as well as with federal, state and local law. . b. Developer shall complete all Public Improvements and obtain the City’s written approval acceptance of the Public Improvements no later than: than August 31, 201 . 2018. c. Upon the City’s written acceptance of the Public Improvements, the Public Improvements shall automatically become property of the City without further notice or action. Developer shall convey to the City, through dedication in the final plat or a separate conveyance document, fee title or an easement (whichever is required by the City) to (a) the property encompassing all Public Improvements, (b) property necessary for all public and private connections and access to all Public Improvements, and (c) all other property interests, conveyance of which is required by this Development Agreement. Developer shall obtain the City Engineer’s written approval of the form of the conveyance document and the location of all such easements or fee title conveyances. Any part of the Property conveyed, transferred or assigned to the City by deed, dedication, plat, easement, or otherwise shall be conveyed or transferred free and clear of any mortgage, liens, restrictions, interests, or encumbrances, so that upon such conveyance, transfer or dedication, the City shall have good and marketable title thereto clear of any other rights or interests in the Property. Developer shall pay all costs of acquiring any such rights or interests in the Property that are conveyed to the City pursuant to this paragraph, as well as the cost of recording any such plat, easement or deed. . d. Under no circumstances shall Developer charge or assess, directly or indirectly, any fee, charge, assessment or consideration, to any party, for connection or access to, or service by, any Public Improvement. . e. Within 30 days after the completion of the Public Improvements, Improvements Developer shall supply to the City a complete set of reproducible “as constructed” plans, and four complete sets of blue line “as constructed” plans, all prepared in accordance with City standards. . f. Developer warrants all Public Improvements against any defects, poor material and faulty workmanship for a period of two years after its completion by Developer and acceptance by the City. Any replacement work shall be so warranted for two years after its completion by Developer and acceptance by the City. All landscaping including but not limited to, trees, bushes, shrubs, grass and sod, shall be warranted to be alive, of good quality and disease free for 12 months after planting. Any replacements shall be so warranted for 12 months after planting. All buffer yard landscaping shall be warranted for two years, commencing with final installation planting of plants within the buffer yards. replacement. g. Prior to acceptance of the Public Improvements by the City, Developer shall post maintenance bonds, in a form acceptable to the City AttorneyCity, naming the City as an obligee, which secure all warranties identified in this paragraph 67. These maintenance bonds shall be in addition to, and not in lieu of, the security Security required in paragraph 13 29 of this Development Agreement. h. Notwithstanding anything in this section 7 to the contrary, the construction of and payment for the Public Improvements shall be accomplished as follows: i. Developer shall construct and pay for all portions of the Public Improvements included within the nine lot cul-de-sac, including all roadway work and resurfacing, trails, storm and sanitary sewer, and water construction, and shall pay for all such portions of the Public Improvements. ii. Assuming Developer is then in compliance with all terms and conditions of this Development Agreement, City shall construct, all portions of the Public Improvements within ▇▇▇▇▇▇▇▇ Parkway right-of-way, including road improvements, trails, storm sewer, water, and sanitary trunk line extension. The cost of this portion of the Public Improvements shall be paid for as follows: A. Developer shall pay, in cash, reimbursement to City for 51.7% of the costs of the ▇▇▇▇▇▇▇▇ Parkway road improvements, trail, and storm sewer work. B. The cost of the water and sanitary sewer trunkline extension (minus the $125,000 city-portion of the cost of this work) plus the remaining 48.3% of the cost of the ▇▇▇▇▇▇▇▇ Parkway road improvements, trail, and storm sewer work shall be specially assessed against Lot 4 of the Property. iii. Assuming Developer is then in compliance with all terms and conditions of this Development Agreement, City shall construct the County Road 30 right-of-way and turn lane improvements. $15,000.00 of all costs of such work shall be paid by Developer in cash prior to release by City of the final plat, and an additional $15,000.00 of such costs shall be paid for through special assessments on Lot 4 of the Property. With respect to those portions of the Public Improvements and County Road 30 improvements to be constructed by City pursuant to (ii) and (iii) herein (“City Improvements”), the costs to be paid by Developer in cash and through special assessments shall include all costs the City has incurred or anticipates incurring related the City Improvements, including but not limited to planning, engineering, legal, bidding, bonding, property acquisition, and construction. The means, methods, planning, property acquisition, costs, construction, and construction schedule of the City Improvements shall all be in the City’s sole discretion. Developer agrees to fully release the City, and hold the City harmless from all claims, demands, and costs relating to City Improvements. The cost of the City Improvements to be paid in cash by Developer to City shall be due and owing to City within thirty (30) days of receipt by Developer of the City’s invoice. The cost of the City Improvements to be specially assessed shall be included in a fully executed Agreement Regarding Special Assessments, in the form attached as Exhibit M, according to such additional terms and such amounts as the City deems acceptable, in its sole discretion. As a condition precedent to the City commencing, planning and constructing the City Improvements, Developer shall have executed and delivered to City the acceptable Agreement Regarding Special Assessments. Developer shall provide all access to the Property necessary for City to undertake and complete the City Improvements.

Public Improvements. Developer shall design, install, maintain install and pay for improvements as set forth in this paragraph, paragraph which improvements shall be dedicated or conveyed to the public, and which are hereafter referred to as the “Public Improvements” a. Developer shall install and pay for the following Public Improvements: Sanitary sanitary sewer, storm sewer, water systems, storm water/drainage infrastructure, sidewalks, streets, trails and other public improvements referred to and identified in this Development Agreement, along with all restoration coststhe Final Plat and Plans. The Public Improvements shall be installed in accordance with the Plans; federal, state and local law; City ordinances and shall be subject to City Engineer, City Planner and City Water, Light and Power Commission approval. As a condition of the City’s acceptance of the Public Improvements, the Developer’s engineer shall certify to the City that the Developer’s engineer made reasonable inspections of the Public Improvements and that the design, construction, operation, and condition of the Public Improvements comply were built in accordance with the this Development Agreement, as well as with federal, state and local law. . b. Developer shall complete all Public Improvements and obtain the City’s written approval acceptance of the Public Improvements no later than: than , 201 . 20 . c. Upon the City’s written acceptance of the Public Improvements, the Public Improvements shall automatically become property of the City without further notice or action. Developer shall convey to the City, through dedication in the final plat or a separate conveyance document, fee title or an easement (whichever is required by the City) to (a) the property encompassing all Public Improvements, (b) property necessary for all public and private connections and access to all Public Improvements, and (c) all other property interests, conveyance of which is required by this Development Agreement. Developer shall obtain the City Engineer’s written approval of the form of the conveyance document and the location of all such easements or fee title conveyances. Any part of the Property conveyed, transferred or assigned to the City by deed, dedication, plat, easement, or otherwise shall be conveyed or transferred free and clear of any mortgage, liens, restrictions, interests, or encumbrances, so that upon such conveyance, transfer or dedication, the City shall have good and marketable title thereto clear of any other rights or interests in the Property. Developer shall pay all costs of acquiring any such rights or interests in the Property that are conveyed to the City pursuant to this paragraph, as well as the cost of recording any such plat, easement or deed. . d. Under no circumstances shall Developer charge or assess, directly or indirectly, any fee, charge, assessment or consideration, to any party, for connection or access to, or service by, any Public Improvement. , unless it is a fee, charge, assessment, or consideration first paid by the Developer. e. Within 30 days after the completion of the Public Improvements, Improvements Developer shall supply to the City a complete set of reproducible “as constructed” plans, and four complete sets of blue line “as constructed” plans, all prepared in accordance with City standards. . f. Developer warrants all Public Improvements against any defects, poor material and faulty workmanship for a period of two years after its completion by Developer and acceptance by the City. Any replacement work shall be so warranted for two years after its completion by Developer and acceptance by the City. All landscaping including but not limited to, trees, bushes, shrubs, grass and sod, shall be warranted to be alive, of good quality and disease free for 12 months after planting. Any replacements shall be so warranted for 12 months after planting. All buffer yard landscaping shall be warranted for two years, commencing with final installation planting of plants within the buffer yards. replacement. g. Prior to acceptance of the Public Improvements by the City, Developer shall post maintenance bonds, in a form acceptable to the City AttorneyCity, naming the City as an obligee, which secure all warranties identified in this paragraph 6. These maintenance bonds shall be in addition to, and not in lieu of, the security Security required in paragraph 13 28 of this Development Agreement.

Public Improvements. Developer shall design, install, maintain install and pay for improvements as set forth in this paragraph, paragraph which improvements shall be dedicated or conveyed to the public, and which are hereafter referred to as the “Public Improvements” a. Developer shall install and pay for the following Public Improvements: Sanitary sewer, storm sewer, water systems, storm water/drainage infrastructure, sidewalks, streets, trails and other public improvements referred to and identified in this Development Agreement, along with all restoration costsFinal Plat and Plans. The Developer has agreed to purchase public lighting fixtures to be installed and maintained by the Delano Municipal Utilities. The Public Improvements shall be installed in accordance with the Plans; federal, state and local law; City ordinances and shall be subject to City Engineer, City Planner and City Water, Light and Power Commission approval. As a condition of the City’s acceptance of the Public Improvements, the Developer’s engineer shall certify to the City that the Developer’s engineer made reasonable inspections of the Public Improvements and that the design, construction, operation, and condition of the Public Improvements comply were built in accordance with the this Development Agreement, as well as with federal, state and local law. . b. Developer shall complete all Public Improvements and obtain the City’s written approval acceptance of the Public Improvements no later than: than November 1, 201 . 2017, with the exception of the mill and overlay work and the final wear course of bituminous on Willowbrook Circle, which shall be completed by June 30, 2019. c. Upon the City’s written acceptance of the Public Improvements, the Public Improvements shall automatically become property of the City without further notice or action. Developer shall convey to the City, through dedication in the final plat or a separate conveyance document, fee title or an easement (whichever is required by the City) to (a) the property encompassing all Public Improvements, (b) property necessary for all public and private connections and access to all Public Improvements, and (c) all other property interests, conveyance of which is required by this Development Agreement. Developer shall obtain the City Engineer’s written approval of the form of the conveyance document and the location of all such easements or fee title conveyances. Any part of the Property conveyed, transferred or assigned to the City by deed, dedication, plat, easement, or otherwise shall be conveyed or transferred free and clear of any mortgage, liens, restrictions, interests, or encumbrances, so that upon such conveyance, transfer or dedication, the City shall have good and marketable title thereto clear of any other rights or interests in the Property. Developer shall pay all costs of acquiring any such rights or interests in the Property that are conveyed to the City pursuant to this paragraph, as well as the cost of recording any such plat, easement or deed. . d. Under no circumstances shall Developer charge or assess, directly or indirectly, any fee, charge, assessment or consideration, to any party, for connection or access to, or service by, any Public Improvement. . e. Within 30 45 days after the completion of all the Public Improvements, Improvements Developer shall supply to the City a complete set of reproducible “as constructed” plans, and four complete sets of blue line “as constructed” plans, all prepared in accordance with City standards. . f. Developer warrants all Public Improvements against any defects, poor material and faulty workmanship for a period of two years after its completion by Developer and acceptance by the City. Any replacement work shall be so warranted for two years after its completion by Developer and acceptance by the City. All landscaping including but not limited to, trees, bushes, shrubs, grass and sod, shall be warranted to be alive, of good quality and disease free for 12 months after planting. Any replacements shall be so warranted for 12 months after planting. All buffer yard landscaping shall be warranted for two years, commencing with final installation planting of plants within the buffer yards. replacement. g. Prior to acceptance of the Public Improvements by the City, Developer shall post maintenance bonds, in a form acceptable to the City AttorneyCity, naming the City as an obligee, which secure all warranties identified in this paragraph 67. These maintenance bonds shall be in addition to, and not in lieu of, the security Security required in paragraph 13 33 of this Development Agreement.

Public Improvements. Developer shall design, install, maintain install and pay for improvements as set forth in this paragraph, paragraph which improvements shall be dedicated or conveyed to the public, and which are hereafter referred to as the “Public Improvements” a. Developer shall install and pay for the following Public Improvements: Sanitary sanitary sewer, storm sewer, water systems, storm water/drainage infrastructure, sidewalks, streets, trails and other public improvements referred to and identified in this Development Agreement, along with all restoration coststhe Final Plat and Plans. The Public Improvements shall be installed in accordance with the Plans; federal, state and local law; City ordinances and shall be subject to City Engineer, City Planner and City Water, Light and Power Commission approval. As a condition of the City’s acceptance of the Public Improvements, the Developer’s engineer shall certify to the City that the Developer’s engineer made reasonable inspections of the Public Improvements and that the design, construction, operation, and condition of the Public Improvements comply were built in accordance with the this Development Agreement, as well as with federal, state and local law. . b. Developer shall complete all Public Improvements and obtain the City’s written approval acceptance of the Public Improvements no later than: than November 1, 201 . 2017. c. Upon the City’s written acceptance of the Public Improvements, the Public Improvements shall automatically become property of the City without further notice or action. Developer shall convey to the City, through dedication in the final plat or a separate conveyance document, fee title or an easement (whichever is required by the City) to (a) the property encompassing all Public Improvements, (b) property necessary for all public and private connections and access to all Public Improvements, and (c) all other property interests, conveyance of which is required by this Development Agreement. Developer shall obtain the City Engineer’s written approval of the form of the conveyance document and the location of all such easements or fee title conveyances. Any part of the Property conveyed, transferred or assigned to the City by deed, dedication, plat, easement, or otherwise shall be conveyed or transferred free and clear of any mortgage, liens, restrictions, interests, or encumbrances, so that upon such conveyance, transfer or dedication, the City shall have good and marketable title thereto clear of any other rights or interests in the Property. Developer shall pay all costs of acquiring any such rights or interests in the Property that are conveyed to the City pursuant to this paragraph, as well as the cost of recording any such plat, easement or deed. . d. Under no circumstances shall Developer charge or assess, directly or indirectly, any fee, charge, assessment or consideration, to any party, for connection or access to, or service by, any Public Improvement. . e. Within 30 days after the completion of the Public Improvements, Improvements Developer shall supply to the City a complete set of reproducible “as constructed” plans, and four complete sets of blue line “as constructed” plans, all prepared in accordance with City standards. . f. Developer warrants all Public Improvements against any defects, poor material and faulty workmanship for a period of two years after its completion by Developer and acceptance by the City. Any replacement work shall be so warranted for two years after its completion by Developer and acceptance by the City. All landscaping including but not limited to, trees, bushes, shrubs, grass and sod, shall be warranted to be alive, of good quality and disease free for 12 months after planting. Any replacements shall be so warranted for 12 months after planting. All buffer yard landscaping shall be warranted for two years, commencing with final installation planting of plants within the buffer yards. replacement. g. Prior to acceptance of the Public Improvements by the City, Developer shall post maintenance bonds, in a form acceptable to the City AttorneyCity, naming the City as an obligee, which secure all warranties identified in this paragraph 67. These maintenance bonds shall be in addition to, and not in lieu of, the security Security required in paragraph 13 29 of this Development Agreement.

Public Improvements. Developer shall design, install, maintain install and pay for improvements as set forth in this paragraph, paragraph which improvements shall be dedicated or conveyed to the public, and which are hereafter referred to as the “Public Improvements” a. Developer shall install and pay for the following Public Improvements: Sanitary sanitary sewer, storm sewer, water systems, storm water/drainage infrastructure, sidewalks, streets, trails and other public improvements referred to and identified in this Development Agreement, along with all restoration coststhe Final Plat and Plans. The Public Improvements shall be installed in accordance with the Plans; federal, state and local law; City ordinances and shall be subject to City Engineer, City Planner and City Water, Light and Power Commission approval. As a condition of the City’s acceptance of the Public Improvements, the Developer’s engineer shall certify to the City that the Developer’s engineer made reasonable inspections of the Public Improvements and that the design, construction, operation, and condition of the Public Improvements comply were built in accordance with the this Development Agreement, as well as with federal, state and local law. . b. Developer shall complete all Public Improvements and obtain the City’s written approval acceptance of the Public Improvements no later than: than August 31, 201 . 2018. c. Upon the City’s written acceptance of the Public Improvements, the Public Improvements shall automatically become property of the City without further notice or action. Developer shall convey to the City, through dedication in the final plat or a separate conveyance document, fee title or an easement (whichever is required by the City) to (a) the property encompassing all Public Improvements, (b) property necessary for all public and private connections and access to all Public Improvements, and (c) all other property interests, conveyance of which is required by this Development Agreement. Developer shall obtain the City Engineer’s written approval of the form of the conveyance document and the location of all such easements or fee title conveyances. Any part of the Property conveyed, transferred or assigned to the City by deed, dedication, plat, easement, or otherwise shall be conveyed or transferred free and clear of any mortgage, liens, restrictions, interests, or encumbrances, so that upon such conveyance, transfer or dedication, the City shall have good and marketable title thereto clear of any other rights or interests in the Property. Developer shall pay all costs of acquiring any such rights or interests in the Property that are conveyed to the City pursuant to this paragraph, as well as the cost of recording any such plat, easement or deed. . d. Under no circumstances shall Developer charge or assess, directly or indirectly, any fee, charge, assessment or consideration, to any party, for connection or access to, or service by, any Public Improvement. , unless it is a fee, charge, assessment, or consideration first paid by the Developer. e. Within 30 days after the completion of the Public Improvements, Improvements Developer shall supply to the City a complete set of reproducible “as constructed” plans, and four complete sets of blue line “as constructed” plans, all prepared in accordance with City standards. . f. Developer warrants all Public Improvements against any defects, poor material and faulty workmanship for a period of two years after its completion by Developer and acceptance by the City. Any replacement work shall be so warranted for two years after its completion by Developer and acceptance by the City. All landscaping including but not limited to, trees, bushes, shrubs, grass and sod, shall be warranted to be alive, of good quality and disease free for 12 months after planting. Any replacements shall be so warranted for 12 months after planting. All buffer yard landscaping shall be warranted for two years, commencing with final installation planting of plants within the buffer yards. replacement. g. Prior to acceptance of the Public Improvements by the City, Developer shall post maintenance bonds, in a form acceptable to the City AttorneyCity, naming the City as an obligee, which secure all warranties identified in this paragraph 67. These maintenance bonds shall be in addition to, and not in lieu of, the security Security required in paragraph 13 29 of this Development Agreement.

Public Improvements. Developer shall design, install, maintain install and pay for improvements as set forth in this paragraph, paragraph which improvements shall be dedicated or conveyed to the public, and which are hereafter referred to as the “Public Improvements” a. Developer shall install and pay for the following Public Improvements: Sanitary sanitary sewer, storm sewer, water systems, storm water/drainage infrastructure, sidewalks, streets, trails and other public improvements referred to and identified in this Development Agreement, along with all restoration coststhe Final Plat and Plans. The Public Improvements shall be installed in accordance with the Plans; federal, state and local law; City ordinances and shall be subject to City Engineer, City Planner and City Water, Light and Power Commission approval. As a condition of the City’s acceptance of the Public Improvements, the Developer’s engineer shall certify to the City that the Developer’s engineer made reasonable inspections of the Public Improvements and that the design, construction, operation, and condition of the Public Improvements comply were built in accordance with the Plans and in compliance with the terms of this Development Agreement, as well as with federal, state and local law. . b. Developer shall complete all Public Improvements and obtain the City’s written approval acceptance of the Public Improvements no later than: than July 10, 201 . 2019. c. Upon the City’s written acceptance of the Public Improvements, the Public Improvements shall automatically become property of the City without further notice or action. Developer shall convey to the City, through dedication in the final plat or a separate conveyance document, fee title or an easement (whichever is required by the City) to (a) the property encompassing all Public Improvements, (b) property necessary for all public and private connections and access to all Public Improvements, and (c) all other property interests, conveyance of which is required by this Development Agreement. Developer shall obtain the City Engineer’s written approval of the form of the conveyance document and the location of all such easements or fee title conveyances. Any part of the Property conveyed, transferred or assigned to the City by deed, dedication, plat, easement, or otherwise shall be conveyed or transferred free and clear of any mortgage, liens, restrictions, interests, or encumbrances, so that upon such conveyance, transfer or dedication, the City shall have good and marketable title thereto clear of any other rights or interests in the Property. Developer shall pay all costs of acquiring any such rights or interests in the Property that are conveyed to the City pursuant to this paragraph, as well as the cost of recording any such plat, easement or deed. . d. Under no circumstances shall Developer charge or assess, directly or indirectly, any fee, charge, assessment or consideration, to any party, for connection or access to, or service by, any Public Improvement. . e. Within 30 days after the completion of the Public Improvements, Improvements Developer shall supply to the City a complete set of reproducible “as constructed” plans, and four complete sets of blue line “as constructed” plans, all prepared in accordance with City standards. . f. Developer warrants all Public Improvements against any defects, poor material and faulty workmanship for a period of two years after its completion by Developer and acceptance by the City. Any replacement work shall be so warranted for two years after its completion by Developer and acceptance by the City. All landscaping including but not limited to, trees, bushes, shrubs, grass and sod, shall be warranted to be alive, of good quality and disease free for 12 months after planting. Any replacements shall be so warranted for 12 months after planting. All buffer yard landscaping shall be warranted for two years, commencing with final installation planting of plants within the buffer yards. replacement. g. Prior to acceptance of the Public Improvements by the City, Developer shall post maintenance bonds, in a form acceptable to the City AttorneyCity, naming the City as an obligee, which secure all warranties identified in this paragraph 6. These maintenance bonds shall be in addition to, and not in lieu of, the security required in paragraph 13 of this Development Agreement7.

Public Improvements. Developer shall design, install, maintain install and pay for improvements as set forth in this paragraph, paragraph which improvements shall be dedicated or conveyed to the public, and which are hereafter referred to as the “Public Improvements” a. Developer shall install and pay for the following Public Improvements: Sanitary sewer, storm sewertrails, water hydrant systems, storm water/drainage infrastructure, sidewalks, streets, water and other public improvements referred to and identified in this Development Agreement, along with all restoration costsFinal Plat and Plans. The Public Improvements shall be installed in accordance with the attached Plans; federal, state and local law; City ordinances and shall be subject to City Engineer, City Planner and City Water, Light and Power Commission approval. As a condition of the City’s acceptance of the Public Improvements, the Developer’s engineer shall certify to the City that the Developer’s engineer made reasonable inspections of the Public Improvements and that the design, construction, operation, and condition of the Public Improvements comply were built in accordance with the this Development Agreement, as well as with federal, state and local law. . b. Developer shall complete all Public Improvements and obtain the City’s written approval acceptance of the Public Improvements no later than: than November 30, 201 2016, with the exception of trail relocation, berm construction, and landscaping along the berm which shall be completed prior to issuance of building permits for Lots 7-21 of the Final Plat. Landscaping in the parkside area and construction of the trail segment connecting with Street J shall occur before issuance of any building permits on Lots 11-21 of the Final Plat. c. Upon the City’s written acceptance of the Public Improvements, the Public Improvements shall automatically become property of the City without further notice or action. Developer shall convey to the City, through dedication in the final plat or a separate conveyance document, fee title or an easement (whichever is required by the City) to (a) the property encompassing all Public Improvements, (b) property necessary for all public and private connections and access to all Public Improvements, and (c) all other property interests, conveyance of which is required by this Development Agreement. Developer shall obtain the City Engineer’s written approval of the form of the conveyance document and the location of all such easements or fee title conveyances. Any part of the Property conveyed, transferred or assigned to the City by deed, dedication, plat, easement, or otherwise shall be conveyed or transferred free and clear of any mortgage, liens, restrictions, interests, or encumbrances, so that upon such conveyance, transfer or dedication, the City shall have good and marketable title thereto clear of any other rights or interests in the Property. Developer shall pay all costs of acquiring any such rights or interests in the Property that are conveyed to the City pursuant to this paragraph, as well as the cost of recording any such plat, easement or deed. . d. Under no circumstances shall Developer charge or assess, directly or indirectly, any fee, charge, assessment or consideration, to any party, for connection or access to, or service by, any Public Improvement. . e. Within 30 days after the completion of the Public Improvements, Improvements Developer shall supply to the City a complete set of reproducible “as constructed” plans, and four complete sets of blue line “as constructed” plans, all prepared in accordance with City standards. . f. Developer warrants all Public Improvements against any defects, poor material and faulty workmanship for a period of two years after its completion by Developer and acceptance by the City. Any replacement work shall be so warranted for two years after its completion by Developer and acceptance by the City. All landscaping including but not limited to, trees, bushes, shrubs, grass and sod, shall be warranted to be alive, of good quality and disease free for 12 months after planting. Any replacements shall be so warranted for 12 months after planting. All buffer yard landscaping shall be warranted for two years, commencing with final installation planting of plants within the buffer yards. replacement. g. Prior to acceptance of the Public Improvements by the City, Developer shall post maintenance bonds, in a form acceptable to the City AttorneyCity, naming the City as an obligee, which secure all warranties identified in this paragraph 67. These maintenance bonds shall be in addition to, and not in lieu of, the security Security required in paragraph 13 32 of this Development Agreement.