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9 <br />Infrastructure Improvements in a timely and satisfactory manner, as determined in the sole <br />discretion of City. Said surety shall remain in full force and effect until completion and <br />acceptance of the Public Infrastructure Improvements based on the sole determination of <br />City made in accordance with applicable City ordinances. <br /> <br />(b) The Developer agrees that the terms of the financial security shall be <br />deemed to have been violated if the Developer fails to construct the Public Infrastructure <br />Improvements in accordance with the terms of this Agreement, the approved Construction <br />Plans, and all applicable City ordinances. City shall provide Developer thirty (30) days <br />written notice of any such failure. Determination of such failure shall be in the sole <br />discretion of the City, which shall not be unreasonable. The financial security shall be <br />available for use by the City to remedy any failure by Developer to construct the Public <br />Infrastructure Improvements in accordance with the terms of this Agreement, subject to the <br />thirty (30) days written notice to Developer and Developer’s failure to rectify same within <br />that period of time. <br /> <br />(c) WAC and SAC charges shall be paid upon issuing the building permit. <br /> <br />(d) All plumbing permit fees, electrical permit fees and any other permit fees <br />required for new construction shall be paid at the time of the building permit application. <br /> <br />(e) The Developer shall deposit with the City One thousand two hundred fifty <br />($ 1,250.00), from which any and all costs and expenses incurred by the City, in any way <br />related to this Agreement, including, but not limited to, planning and engineering fees, <br />legal fees, City staff time, cost of acquisition of easements, if any, shall be paid. Costs for <br />City staff time expended in conjunction with this Agreement will be charged in accordance <br />with the fee schedule established by City ordinance and are expected to equal two and one- <br />half percent (2.5%) of the construction cost of the Public Infrastructure Improvements. <br />Said fee can be increased or reduced in the sole discretion of the City in accordance with <br />the fee schedule set forth in the City Ordinances, should staff time required vary <br />dramatically from this estimate. <br /> <br />(f) All current and outstanding bills and invoices from the City are to be paid <br />before start of grading and construction. <br /> <br /> Section 4.11. Construction of City Maintained Improvements. <br /> <br /> (a) The Developer shall install all Public Infrastructure Improvements, including <br />any utilities and storm water facilities (sanitary sewer, watermain and storm sewer) in <br />accordance with the approved Construction Plans. Also, the Developer agrees prior to <br />commencement of construction to call a pre-construction meeting between the City, <br />Developer and contractors for the utility construction. (This has already taken place. The <br />utility work began with the issuance of the utilities permit on April 21, 2025) Developer <br />further agrees to coordinate its contractors’ activities with the City for inspections. If Public <br />Infrastructure Improvements are installed without required City inspections, the City may <br />require that such improvements be removed and reconstructed. City inspector shall be