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Developer Agreement <br />Renner 4t'' Addition <br />Page 5 <br />(05) Supervision and City Services -Construction and installation plans and activity shall <br />be reviewed by and subject to the supervision of the City. Developer will cause the <br />contractor(s) to inform the City's representatives of the schedule to complete the <br />Improvements as required in the approvals. City shall inspect all Improvements during and <br />after construction for compliance with approved specifications. Developer will notify the <br />City Engineer or his designee at such times during construction as the City Engineer <br />requires for inspection purposes. <br />(06) Ci Fees -Developer shall reimburse the City for all the City's costs and expenses <br />incurred in the processing of the Subdivision and for review of plans and construction <br />observation and in regard to any action or event of default by Developer, resulting in any <br />suit or proceeding at law or in equity to which the City shall become a party in reference to <br />the Developer's interest in the property or the project. Such compensation shall be due and <br />payable to the City within thirty (30) days following the receipt of a statement therefore. To <br />assist in the timely payment of these costs and expenses, the Developer shall escrow funds <br />in the amount of Ten (10) percent of the estimated costs of the Improvements to be applied <br />to the City's costs and expenses. <br />(07) Easements -The Developer shall convey to the City, prior to the final approval of <br />plans and specifications and at no cost to the City, all permanent and temporary easements <br />for the installation and maintenance of all Improvements determined to be necessary by the <br />City. All such easements shall be in recordable form acceptable to the City and contain such <br />terms and conditions as the City may prescribe. <br />(08) Insurance -Developer shall cause each contractor engaged in the construction and <br />installation of any Improvement to furnish the City with evidence acceptable to the Ciry <br />showing insurance coverage (including workers' compensation, liability and property <br />damage) in such amounts as are required for City construction contracts. Developer shall <br />also maintain adequate liability insurance for public use of Streets, Sidewalk and other <br />Improvements until such time as those Improvements are completed and accepted by City <br />as provided herein, and shall hold the City harmless and indemnify the City from any liability <br />arising out of the public's use of said Improvements until such time as those Improvements <br />are completed and accepted by the City as provided herein. <br />(09) Faithful Performance of Construction Contracts -Developer will fully and faithfully <br />perform the installation and construction of the Improvements in accordance with the <br />approved plans and specifications therefore and shall comply with all terms of any and all <br />contracts entered into by the Developer fox the installation and construction of all such <br />Improvements, at no expense to the City. Developer hereby guarantees the workmanship <br />and materials respecting such Improvements for a period of one (1) year following the City's <br />final acceptance of the Improvements and agrees to repair or replace, as directed by the City, <br />and at Developer's sole cost and expense, any work or materials that become defective, in <br />the sole opinion of the City, within said one (1) year period even though notice thereof be <br />given by the City after said one (1) year period. <br />(10) City Acceptance -The City shall accept, at no cost, ownership of all Improvements <br />provided that such Improvements have been constructed in compliance with the plans and <br />specifications therefore and City requirements with respect thereto as determined by the <br />Ciry. <br />C:\Documents and Settings\jmiller\Local Settings\Temporary Internet Files\OLK3E\DEVELOPER AGREEMENT.doc <br />