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229446v1 <br />A. Park Dedication $ 79,061.58 <br />B. City Engineering Administration $ 322,917.40 <br />C. Water Availability Charge $ 44,070.00 <br />TOTAL CASH REQUIREMENTS $ 446,048.98 <br />26. WARRANTY. The Developer warrants all improvements required to be constructed by it <br />pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one <br />year. The warranty period for underground utilities is two years and shall commence following completion and <br />acceptance by City Council. The one year warranty period on streets shall commence after the final wear course <br />has been installed and accepted by the City Council. The Developer shall post maintenance bonds in the amount <br />of twenty-five percent (25%) of final certified construction costs to secure the warranties. The City shall retain ten <br />percent (10%) of the security posted by the Developer until the maintenance bonds are furnished to the City or <br />until the warranty period expires, whichever first occurs. The retainage may be used to pay for warranty work. The <br />City’s standard specifications for utility and street construction identify the procedures for final acceptance of streets <br />and utilities. <br />27. RESPONSIBILITY FOR COSTS. <br />A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in <br />conjunction with the development of the plat, including but not limited to Soil and Water Conservation <br />District charges, legal, planning, engineering and construction observation inspection expenses incurred <br />in connection with approval and acceptance of the plat, the preparation of this Contract, review of <br />construction plans and documents, and all costs and expenses incurred by the City in monitoring and <br />inspecting development of the plat. <br />B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made <br />by itself and third parties for damages sustained or costs incurred resulting from plat approval and <br />development. The Developer shall indemnify the City and its officers, employees, and agents for all <br />costs, damages, or expenses which the City may pay or incur in consequence of such claims, including <br />attorneys' fees. <br />Page 76 of 299