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incurred to obtain said approvals, permits, and licenses; and also all fines or'penalties levied by <br />any agency. -due to the failure of the DEVELOPER to obtain or comply with. conditions of such <br />approvals; permits and licenses, shall be paid by the. DEVELOPER. Thel)EVELOPER shall <br />defend and hold the CITY harmless from .any action initiated by the OTHER REGULATORY <br />AGENCIES, Ithe UTILITY COMPANIES and. the PRIOR EASEMENT HOLDERS resulting <br />from such'fedluros ofthe DEVELOPER. <br />ARTICLE 7 <br />OTHER DEVELOPMENT REQUIREMENTS <br />7.1 MISCELLANEOUS REQUIREMENTS. Any additional requirements to <br />approval of the CUP and. DEVELOPMENT PLANS: as specified by the COUNCIL --are <br />incorporated herein,, asset forth in ExhibitD4. <br />ARTICLE 8 <br />DEVELOPER PUBLIC: IMPROVEMENTS <br />8.1 APPROVAL -OFCONTRACTORS AND ENGINEER. Any contractor or <br />engineer preparing pjarls. and specifications selected.�y the DEVELOPER to design, construct, or <br />install any DEVELOPER PUBLIC IMPROVEMENTS must be approved in writing by the CITY <br />ENGINEER. D.J. Franz Co:, Inc construction company is hereby approved. <br />&2 CONSTRUCTION. The construction; installation, materials, and equipment <br />related to DEVELOPER PUBLIC IMPROVEMENTS shall be in accord with the <br />DEVELOPMENT PLANS, The DEVELOPER shall cause the contractors to fiimish: the CITY' <br />ENGINEER it written schedule of proposed operations,: subcontractors. and material suppliers, at <br />Yeast seven *(7) days prior to commencement of construction work. The DEVELOPER shalt notlfy <br />the CITY in writing, coordiirate, and hold -a pre -construction conference with all affected parties <br />.at lease th... .,(3),days prior to starting construction of any DEVELOPER PUBLIC <br />IMPROVEMENTS. <br />8.3. INSPECTION.. The. CITY ENGINEER or its designated representative, shall <br />periodically inspect the wank installed by the DEVELOPER, its contractors; subcontractors, -or # <br />agents. The DEVELOPER shall notify the CITY ENGINEER two (2) working days prior to the <br />commencement_ of the laying of utility lines; subgrade -preparation; the laying. of gravel base for. <br />street construction,. or any other improvement work which shall. be subsequently buried or covered- <br />­to -allow the CITY an. opporturii:ty to.inspect such improvement work. Upon receipt of"said notice, <br />the. CITY shall have a reasonable time;. not to be less than three (a) working days, -to I . ot� the ` <br />improvements. Failure to notify the CITY to. allow it to inspect said work shall resultintho CITY's <br />.right pursuant to Article IS to withhold the release of any portion of the security amount resulting <br />fmm-work being performed without the opportunity.for adequate CITY inspection. <br />.8.4 FAITHFUL PERFORMANCE OF CONSTRUCTION CONTRACTS. The <br />DEVELOPER shall fully and faithfully comply with all terms:of any and all contracts entered into <br />by the DEVELOPER for the installation and construction of all of the DEVELOPER PUBLIC <br />IMOR-bVEMENTS, and the DEVELOPER shall obtain lien waivers. Within thirty.(30) days after <br />14 <br />