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Developer Agreement <br />Twin Lakes Estates 2"d Addition <br />Page 3 <br />(03) Approval of Contractor -The City reserves the right to approve any contractor selected by <br />the Developer. <br />(04) Construction Plans -The construction, installation, materials and equipment shall be in <br />accordance with plans and specifications approved by the City Engineer. Such plans and <br />specifications shall be based upon such engineering surveys, including soil borings and material tests, <br />determined to be necessary by the City Engineer. <br />(05) Supervision and Citv Services -Construction and installation plans and activity shall be <br />reviewed by and subject to the supervision of the City. Developer will cause the contractor(s) <br />inform the City's representatives of the schedule to complete the Improvements as required in the <br />approvals. City shall inspect all Improvements during and after construction for compliance with <br />approved specifications. Developer will notify the City Engineer or his designee at such times <br />during construction as the City Engineer requires for inspection purposes. <br />(06) Easements -The Developer shall convey to the City, prior to the final approval of plans and <br />specifications and at no cost to the City, all permanent and temporary easements for the installation <br />and maintenance of Developer Installed Improvements determined to be necessary by the City. All <br />such easements shall be in recordable form acceptable to the City and contain such terms and <br />conditions as the City may prescribe. <br />(07) 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 City showing <br />insurance coverage (including workers' compensation, liability and property damage) in such <br />amounts as are required for City construction contracts. Such evidences shall be furnished at the <br />time of the preconstruction meeting for the Improvements. Developer shall also maintain adequate <br />liability insurance for public use of Developer Installed Street, Sidewalk and other Improvements <br />until such time as those Improvements are completed and accepted by City as provided herein, and <br />shall hold the City harmless and indemnify the City from any liability arising out of the public's use <br />of said Developer Installed Improvements until such time as those Improvements are completed <br />and accepted by the City as provided herein. <br />(08) Faithful Performance of Construction Contracts -Developer will fully and faithfully <br />perform the installation and construction of Developer Installed Improvements in accordance with <br />the approved plans and specifications therefore and shall comply with aIl terms of any and all <br />contracts entered into by the Developer for the installation and construction of all such <br />Improvements, at no expense to the City. Developer hereby guarantees the workmanship and <br />materials respecting such Improvements for a period of one (1) year following the City's acceptance <br />of the Improvements and agrees to repair or replace, as directed by the City, and at Developer's sole <br />cost and expense, any work or materials that become defective, in the sole opinion of the City, within <br />said one (1) yeas period even though notice thereof be given by the City after said one (1) year <br />period. <br />(09) Ci , Acceptance -The City shall accept, at no cost, ownership of all Developer Installed <br />Improvements provided that such Improvements have been constructed in compliance with the <br />plans and specifications therefor and City requirements with respect thereto as determined by the <br />City. <br />5:\PLANNING\Agreemenu\Twin Lakes Estates 2nd.DOC <br />