4D - Final Plat of Keen Addition (continued), Berens

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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. The City Engineer shall be notified of and inspections by the City Engineer shall take place based upon completion of the following schedule: • Clearing • Grading/shaping 0 Class V base construction • Prior to bituminous pavement construction The City Engineer's review of construction at these stages shall be to observe compliance with the City standards and approved plans. The Developer's Engineer shall be responsible for conducting regular inspections, coordinating testing, and resolving construction related issues throughout construction culminating in submittal of written certification that construction has been completed in accordance with the approved plans and specifications. Inspections by the City are to be logged and reported biweekly to Developer. The cost of the inspections and observation by the City Engineer shall be paid by the Developer on a monthly -� basis. XVII. Acceptance of Developer Improvements. Upon notification by the Developer that any 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 Improvement(s) 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 >' M£'. ... 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. 8