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8.1. SR 06-03-2019
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8.1. SR 06-03-2019
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6/3/2019
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construction with all location, elevation, and data attributes information, deliverable to the City in an <br /> approved sub-foot accurate GIS/GPS format. <br /> (08) City Acceptance. The City shall accept, at no cost, ownership of the Improvements to be <br /> owned,operated and maintained by City,provided that such Improvements have been constructed in <br /> compliance with the Plans and specifications therefore and City requirements with respect thereto as <br /> determined by the City. No improvements will be accepted until all disturbed areas within the GNT <br /> right-of-way are repaired and, if deemed necessary by the City, the trail resurfaced, and the trail <br /> corridor fully vegetated and functioning in accordance with the approved construction and storm <br /> water management Plans. Upon acceptance, all Improvements to be owned by the City, as provided <br /> in this Agreement, shall become City property without further notice or action. <br /> (09) License. The Developer hereby grants the City, its agents, employees, officers and <br /> contractors a license to enter any property owned by Developer if necessary to perform work and <br /> inspections deemed appropriate by the City in conjunction with the LCS. Developer and City shall <br /> enter into a separate License Agreement authorizing Developer to enter onto the GNT to install the <br /> LCS and to own, operate and maintain the Developer owned portion of the LCS in the GNT right of <br /> way. <br /> (10) Faithful Performance of Construction Contracts. Developer will fully and faithfully perform <br /> the installation and construction of the Improvements in accordance with the approved Plans and <br /> specifications therefore and shall comply with all terms of any and all contracts entered into by the <br /> Developer for the installation and construction of all Improvements, at no expense to the Citv. <br /> (11) Warran r. Developer hereby warranties the workmanship and materials respecting the <br /> Improvements to be owned by the Citi including the surface of the GNT, for a period of two (2) <br /> years following the City's final acceptance of the Improvements, and agrees to repair or replace, as <br /> directed by the Citi and at Developer's sole cost and expense, any work or materials that become <br /> defective,in the sole opinion of the Citi within said two (2) year period, even though notice thereof <br /> be given by the City after said twoyear period. <br /> 7. City Installed Improvements. <br /> (01) There will be no City installed Improvements. <br /> 8. Fees and Security for Developer's Performance. <br /> (01) Security for Developers Performance. <br /> (A) No work shall be commenced under this Agreement until the Developer has filed <br /> with the City a cash deposit or an irrevocable and unconditional Letter of Credit acceptable <br /> to the City,in the amount$250,000. Said Letter of Credit shall also provide that funds shall <br /> be paid to the City upon written demand of the City to the extent of default herein by <br /> Developer in the payment of any amount due or the performance of any other duty or <br /> obligation of Developer pursuant to this Agreement, including Developer's obligations to <br /> complete the Improvements, to complete restoration of the GNT, and to make payment of <br /> any amounts due hereunder. <br /> (B) The Letter of Credit shall contain a provision that states that the Letter of Credit <br /> shall be automatically renewable annually unless the issuer of the Letter of Credit first gives <br /> the City 30 days written notice by certified mail of its intent not to renew the Letter of <br /> Credit. The letter of credit shall also contain a minimum initial period of 1 year. The Letter <br /> 4 <br />
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