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1 until ownership thereof passes to the City. Any damage or destruction, in whole or in part, to any 2 Phase II Public Improvement constructed by the Developer shall be repaired and/or replaced by the 3 Developer until ownership of such Phase II Public Improvement passes to the City. Following 4 completion and City acceptance the obligations with respect to the maintenance of the Phase II 5 Public Improvements shall be as set forth in the Amended and Restated Public Improvement 6 Easement and Maintenance Agreement, dated May 3, 2011, and recorded in the office of the Ramsey 7 County Recarder as Document No. 4282327, the First Amendment to Amended and Restated Public 8 Improvement Easement and Maintenance Agreement, dated , , between the 9 City of Roseville, United Properties Residential, LLC and Applewood Pointe Cooperative of 10 Roseville at Langton Lake, and Roseville City ordinances pertaining thereto. 11 K. Warranty. The Developer shall install and construct the Phase II Public Improvements in 12 accordance with the terms and conditions of this Agreement. The Developer warrants the Phase II 13 Public Improvements and all work required to be performed by the Developer hereunder against 14 poor material and faulty workmanship for a period of two (2) years after its completion and 15 acceptance by the City. The Developer shall repair or replace as directed by the City and at the 16 Developer's sole cost and expense: (i) any and all faulty work, (ii) any and all poor quality and/or 17 defective materials, and (iii) any and all plantings, trees, grass andlor sod which are dead, are not of 18 good quality and/or are diseased, as determined in the sole but reasonable opinion of the City or its 19 Engineer, provided the City or its Engineer gives noticed of such defect to Developer with respect to 20 items (i) and (ii) on or before 60 days following the expiration of the two year warranty period. The 21 Developer shall post maintenance bonds or other security acceptable to the City to secure the 22 warranties described herein. 23 L. Park Dedication Fee. Phase II of construction consists of 41 units. The park dedication fee far the 24 Phase II of the Plat shall be $82,000.00 and shall be paid to the City of Roseville upon or prior to the 25 eXecution of this Agreement. 26 M. License. The Developer hereby grants the City, its agents, employees, officers and contractors a 27 license to enter the property contained in the Plat to perform all work and inspections deemed 28 appropriate by the City during the installation of the Phase II Public Improvements. The license 29 shall expire after the Property has been completely developed and the Phase II Public Improvements 30 have been accepted by the City. 31 N. Building Permits. In order to provide emergency vehicle access, a passable Class 5 road base must 32 be extended to within 150 feet of any address seeking a building permit. Breach of the terms of this 33 Agreement by the Developer shall be grounds far denial of building permits, including lots sold to 34 third parties. 35 O. Land Occupancy. No certificate of occupancy shall be issued until: 36 1. Curb and gutter and bituminous surfacing (at least the first lift) are installed and 37 approved by the City Engineer. 38 2. The installation of a hard surface driveway and parking lot. 39 3. The installation of the appropriate ground cover. 4o P. Construction Management. The Developer and its contractors and subcontractors shall minimize 41 impacts from construction on the surrounding neighborhood as follows: Page 5 of 15