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improvements or provide Developer with a written notice of work that is unacceptable and what <br /> is required to make the work acceptable to the City. If the City fails to provide a written notice <br /> of unacceptable work within 90 days,then the City shall be deemed to have accepted the public <br /> improvements identified in the Developer's written request for acceptance. <br /> b. The Developer warrants all Improvements required to be constructed by it <br /> pursuant to this Agreement against poor material and faulty workmanship. The warranty period <br /> for streets is two years from the date of completion of the wear course pavement. The warranty <br /> period for underground utilities is two years from the date of acceptance by the City. If all <br /> Improvements are installed by one contractor,the warranty period shall commence after the final <br /> wear course has been completed and the City has accepted the streets. If streets and underground <br /> utilities are installed by separate contractors,the two-year warranty period on streets shall <br /> commence after the final wear course has been installed and accepted by the City, and the two <br /> (2)year warranty period on underground utilities shall commence following their completion and <br /> acceptance by the City. The Developer or his contractor shall post maintenance bonds in the <br /> amount of thirty-five percent(35%) of final construction costs to secure the warranties. The City <br /> standard specifications for utilities and street construction identify the procedures for final <br /> acceptance of streets and utilities. <br /> 21. HOME OWNERS ASSOCIATION. <br /> THIS SECTION TO BE PROPOSED BY DEVELOPER ADDRESSING THE <br /> FOLLOWING ISSUES: <br /> a. System for deeding HOA to all lots, including the duty to perpetually fund the HOA <br /> b. Identify ownership of common property to include the pond,boardwalk, off-street <br /> parking, etc.And include duty for HOA to maintain all property. <br /> VKG--2017-11-03 Page 13 <br /> 28 <br />