7B - Trailside Estates - Developer Agreement & Park Dedication

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Construction observation for the Development shall be performed/conducted by Landecker& Associates, Inc. pursuant to an agreement with the City attached hereto as Exhibit E. XVII. Acceptance of Developer Improvements. Upon notification by the Developer that all of the Developer Improvements have been completed, within ten (10) days the City Engineer shall inspect the Developer Improvement and, at his sole discretion, determine if the Developer Improvement(s) 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 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) is 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 on or before June 30, 2007. The completion date as provided `. herein is subject to unavoidable delays as hereinafter defined, in which event the completion date may be extended by the period of such unavoidable delays. For the purpose of this section, and in the opinion of the City Engineer, unavoidable 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. In the event Developer believes an extension is warranted, Developer shall request such extension in writing to the City Engineer and specify the requested length of extension and the reason therefore. The City Engineer shall determine the length of the extension, if any, in his sole but reasonable discretion. XIX. Ownership of Developer Improvements. Upon the request of the Developer and the completion of the Developer Improvements required to be constructed by this Agreement, and the acceptance thereof by the City, the roads, sanitary sewer and water supply utilities, and lift station, lying within the public right of ways and/or easements shown on the Plat shall become City maintained roads and utilities without further notice or action. Upon final acceptance of the roads constructed to City street standards, all roads lying within public right-of-way shall be accepted as a City street. Within thirty 10