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<br /> 8: 42..\.\1 : PETERSO\ fR..\.\l BERG~lA- ::: 3 <br /> SE\T BY:PETERSO\ fRA~ BERG~.\.\ : 8- 3-94 <br />. Engineer's inspection, all of the improvements set forth in such <br /> plans and specifications within one (1) year fr~n the date of this <br /> Agreement unless such time is extended by resolution of the City <br /> Council. 'fhe specific improvements which the Developer is required <br /> to iostall, construct and complete, and the estimated costs of such <br /> improvements are set forth below: <br /> Improvement Estimated Cost Completion Date <br /> a. Sanitary sewor $21,000.00 August 8, 1995 <br /> b. Water main $19,000.00 August 8, 1995 <br /> c. Storm Sewer $ 7,000.00 August 8, 1995 <br /> d. Street $35,000.00 August 8, 1995 <br /> TOTAL; $82,000.00 <br /> 3.3 At all times during the course of its construction of <br /> said improvements, Developer shall maintain reasonable access, <br /> including snowplowing during winter months, to any house Or other <br /> structure within ~cClung Fourth Addition from the time of final <br /> approval thereof until the street provided for in such plat has <br /> been graded and surfaced to the specifications and satisfaction of <br /> the Engineer. Thereafter, Developer shall be obligated and hereby <br /> agrees to clear any soil, earth or debris from such street <br /> resulting from subsequent bu.i.lding on the land within said <br />. addition. <br /> 3.4 The Developer shall pay, as they may become due, all just <br /> Claims for any work, tOOls, machinery, skill, material, equipment, <br /> Supplies, or inSurance premiums arising out of or connected with <br /> the improvements required hereunder, and the City shall be under no <br /> obligation to pay the Developer, general contractor, or any <br /> subcontractor any sum whatsoever on account thereof, whether or not <br /> the City shall have approved the contract, subcontract, contractor <br /> or subcontractor. Moreover, Developer agrees to indemnify, hold <br /> harmless and defend the City from any and all claims or charges, <br /> inclUding attorneys' fees and costs, arising from the performance <br /> or non-performance of the work required hereunder; from Developer's <br /> failure to pay any subcontractor, materialman, laborer, architect <br /> or engineer; and from any and all mechanic's lien claims and <br /> foreclosures and any claims under the public contractor's statute. <br /> 3.5 All work not conforming to the requirements of the plans <br /> and specifications or not performed at all Or in accordance with <br /> the progress schedule incorporated therein, shall constitute a <br /> default. <br /> a. When such default occurs, the Engineer shall provide the <br /> Developer with written notice by registered or certified <br /> United States mail setting forth the nature of such <br />. default, the manner by which it shOUld be corrected, and <br /> the time wi thin which it should be corrected, which shall <br /> 2 <br />