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determine if the Developer Improvement(s) have been completed in accordance with <br /> the plans, specifications, and exhibits attached hereto. <br /> If the City Engineer determines that the Developer Improvements have been completed <br /> in accordance with said requirements, the City shall give the Developer written notice of <br /> the City's acceptance or an acknowledgement of completion of the Developer <br /> Improvements after approval by the City Council <br /> If the City Engineer determines that the Developer Improvement(s) is not completed in <br /> accordance with said requirements, the City Engineer shall notify Developer in writing of <br /> the deficiency and provide a reasonable date upon which to cure the deficiency. Failure <br /> by the Developer to cure within the stated time period shall constitute an Event of <br /> Default. <br /> XVIII. Completion of Developer Improvements. Developer agrees to complete the <br /> Developer Improvements on or before June 30, 2007. The completion date as provided <br /> herein is subject to unavoidable delays as hereinafter defined, in which event the <br /> completion date may be extended by the period of such unavoidable delays. <br /> For the purpose of this section, and in the opinion of the City Engineer, unavoidable <br /> delays mean delays which are caused by strikes, fire, war, road weight restrictions <br /> (beyond normal yearly restrictions), material shortages(that are industry or region <br /> wide), weather that renders construction progress impossible, causes beyond the <br /> Developer's control or other casualty to the Developer Public Improvements, or the act <br /> of any Federal, State, or local government unit, except those acts of the City authorized <br /> or contemplated by this Agreement. <br /> In the event Developer believes an extension is warranted, Developer shall request <br /> such extension in writing to the City Engineer and specify the requested length of <br /> extension and the reason therefore. The City Engineer shall determine the length of the <br /> extension, if any, in his sole but reasonable discretion. <br /> XIX. Ownership of Developer Improvements. Upon the request of the Developer <br /> and the completion of the Developer Improvements required to be constructed by this <br /> Agreement, and the acceptance thereof by the City, the roads, sanitary sewer and water <br /> supply utilities, and lift station, lying within the public right of ways and/or easements <br /> shown on the Plat shall become City maintained roads and utilities without further notice <br /> or action. Upon final acceptance of the roads constructed to City street standards, all <br /> roads lying within public right-of-way shall be accepted as a City street. Within thirty <br /> (30)days thereafter, and before any security as herein required is released, Developer <br /> shall supply City with a completed set of reproducible"AS BUILT"plans in a form <br /> acceptable to the City Engineer,without charge to City, which documents shall become <br /> the property of City. The Developer agrees that the streetlights shall not be accepted by <br /> the City and shall remain a private improvement to be maintained by the Developer <br /> and/or Homeowners Association. <br /> 10 <br />