4.8 SR 01-02-2024 - Laserfiche WebLink

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public use of Streets, Sidewalk and other Improvements until such time as those Improvements are completed and accepted by City as provided herein, and shall hold the City harmless and indemnify the City from any liability arising out of the public’s use of said Improvements until such time as those Improvements are completed and accepted by the City as provided herein. (08) As Constructed Plans. Within thirty (30) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of reproducible “as constructed” plans and an electronic file of the “as constructed” plans in an AutoCAD.dwg file or a .dxf file and .pdf formats, all prepared in accordance with City standards. All constructed public utilities shall be field surveyed after construction with all location, elevation, and data attributes information, deliverable to the City in an approved sub-foot accurate GIS/GPS format. (09) City Acceptance. The City shall accept, at no cost, ownership of all Improvements provided that such Improvements have been constructed in compliance with the plans and specifications therefore and City requirements with respect thereto as determined by the City. No improvements will be accepted prior to all disturbed areas of the site being fully vegetated and functioning in accordance with the approved construction and storm water management plans. Upon acceptance, all Improvements lying within the public easements or rights of way shall become City property without further notice or action. (10) License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Subdivision to perform all work and inspections deemed appropriate by the City in conjunction with the Development. (11) Faithful Performance of Construction Contracts. Developer will fully and faithfully perform the installation and construction of the Improvements in accordance with the approved plans and specifications therefore and shall comply with all terms of any and all contracts entered into by the Developer for the installation and construction of all such Improvements, at no expense to the City. (12) Warranty. Developer hereby warranties the workmanship and materials respecting such Improvements for a period of two (2) years following the City’s final acceptance of the Improvements and agrees to repair or replace, as directed by the City, and at Developer’s sole cost and expense, any work or materials that become defective, in the sole opinion of the City, within said two (2) year period even though notice thereof be given by the City after said two (2) year period. 8. City Installed Improvements. (01) The Subdivision will have no City installed Improvements. (02) There are no assessments levied against the subdivision. 9. Fees and Security for Developer’s Performance. (01) City Administration and Construction Observation Fees. Developer shall reimburse the City for all the City’s costs and expenses incurred in the processing of the Subdivision and installation of improvements, including review of plans and construction observation and in regard to any action or event of default by Developer, resulting in any suit or proceeding at law or in equity to which the City shall become a party in reference to the Developer’s interest in the Development. Reimbursement shall be due and payable to the City within thirty (30) days following the receipt of a statement therefore. The Developer shall post a cash escrow in the amount of five percent (5%) of the estimated costs of the Improvements. This escrow will be drawn from as the project progresses to cover the City’s ongoing costs and expenses relating to administration and construction observation of the 5