03.02A Final Plat of The Range - Development Agreement

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The Developer shall repair or replace, as directed by the City and at the Developer's sole cost and expense, any work associated with and/or materials in the Developer Improvements that become defective, in the sole but reasonable opinion of the City or its Engineer, provided that the City or its Engineer give notice of such defect to Developer within three months following the end of the Guarantee Period. The Developer, or Developer's contractors, shall post maintenance bonds or other security acceptable to City to secure these warranties. XVI. Inspection of Developer Improvements and Construction Observation. Developer authorizes the City and City Engineer to inspect construction of the Developer Improvements as required by the City and City Engineer and grants to them a license to enter the Development to perform all necessary work and/or inspections deemed appropriate during the construction of Improvements until final certification of acceptance or completion is approved by City for all Developer Improvements and expiration of any applicable warranty period. XVII. Acceptance of Developer Improvements. Within the(10) days after notification by the Developer that all of the Developer Improvements have been completed, the City Engineer shall inspect the Developer Improvements and, at his sole discretion, determine if the Developer Improvements have been completed in accordance with the plans, specifications, and exhibits attached hereto. If the City Engineer determines that the Developer Improvements have been completed in accordance with said requirements, the City shall immediately give the Developer written notice of the City's acceptance or an acknowledgement of completion of the Developer Improvements after approval by the City Council. If the City Engineer determines that the Developer Improvements are not completed in accordance with said requirements, the City Engineer shall notify Developer in writing of the deficiency and provide a reasonable date upon which to cure the deficiency. Failure by the Developer to cure within the stated time period shall constitute an Event of Default. , XVIII. Completion of Developer Improvements. Developer agrees to complete the Developer Improvements in phases, with final completion to be determined by ; Developer. i i For the purpose of this section, and in the opinion of the City Engineer, unavoidable i delays mean delays which are caused by strikes, fire, war, road weight restrictions � (beyond normal yearly restrictions), material shortages (that are industry or region wide), � weather that renders construction progress impossible, causes beyond the Developer's control or other casualty to the Developer Public Improvements, or the act of any Federal, State, or Local government unit, except those acts of the City authorized or contemplated by this agreement.