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Attachment G I b) Certification. The Developer's engineer submits a letter certifying that the Public 2 Improvements have been constructed to City Standards in accordance with the Plans and 3 requests that the City accept the Public Improvements. 4 c) Payment. The Developer provides documentation that its contractors,, subcontractors 5 and material suppliers have been paid in full for the work completed. 6 d) Determination of Completion. The City Engineer and the City Council have 7 determined that all Public Improvements have been completed in accordance with the 8 City approved Plans and terms of this Agreement. 9 The date of City acceptance of the Public Improvements shall be the date of the City Council 10 resolution accepting the Public Improvements I I The term of the Letter of Credit provided by the Developer must be at least one year. 12 Notwithstanding anything to the contrary contained herein,, in the event that.- i) some or all of 13 the Public Improvements have not been completed and accepted by the City, ii) the City has 14 been notified that the Letter of Credit is not being extended for another term of at least one 15 year, and iii) no replacement Letter of Credit satisfactory to the City has been delivered to the 16 City, the City shall have the right to draw on the full amount of the Letter of Credit at any 17 time prior to the expiration of the Letter of Credit. In the event of such draw on the Letter of 18 Credit,, the City shall have the right to use the amount drawn to complete any unfinished 19 Public Improvements, perform any unperformed obligations of the Developer, pay the costs 20 to draw on the Letter of Credit and pay any costs incurred to enforce this Agreement. 21 J. Ownership of Improvements and Risk of Loss. Upon completion and City acceptance of the 22 Public Improvements, all Public Improvements lying within public rights-of-way and public 23 easements,, shall become City property without further notice or action. The Developer shall be 24 responsible for the risk of loss of all Public Improvements constructed by the Developer until 25 ownership thereof passes to the City. Any damage or destruction, in whole or in part, to any Public 26 Improvement constructed by the Developer shall be repaired and/or replaced by the Developer until 27 ownership of such Public Improvement passes to the City. 28 K. Warranty. The Developer shall install and construct the Public Improvements in accordance with 29 the terms and conditions of this Agreement. The Developer warrants the Public Improvements and 30 all work required to be performed by the Developer hereunder against poor material and faulty 31 workmanship for a period of two (2) years after its completion and acceptance by the City. The 32 Developer shall repair or replace as directed by the City and at the Developer's sole cost and 33 expense.- (i) any and all faulty work, (ii) any and all poor quality and/or defective materials, and (iii)i 34 any and all trees, grass and/or sod which are dead, are not of good quality and/or are diseased, all 35 being as determined in the sole but reasonable opinion of the City or its Engineer, provided the City 36 or its Engineer gives notice of such defect to Developer on or before 60 days following the 37 expiration of the two year warranty period. The Developer shall post maintenance bonds or other 38 security acceptable to the City to secure the warranties described herein. 39 L. Utility Company Improvements. In addition to the Public Improvements, the Developer shall 40 install and pay for utility improvements necessary to serve the Property, including with gas electric, 41 and telephone service, which shall be installed by the appropriate utility company at the direction of 42 the Developer. Page 5 of 15