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Certification. b)The Developer’s engineer submits a letter certifying that the Public 1 Improvements have been constructed to City Standards in accordance with the Plans and 2 requests that the City accept the Public Improvements. 3 Payment. c)The Developer provides documentation that its contractors and their 4 subcontractors and suppliers have been paid in full for the work completed and the 5 materials supplied. 6 Determination of Completion. d)The City Engineer and the City Council have 7 determined that all Public Improvements have been completed in accordance with the 8 Plans, specifications 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. 11 In the event that a Letter of Credit is given as the Financial Security,the term of any Letter of 12 Credit provided by the Developer must be at least one year. Notwithstanding anything to the 13 contrary contained herein, in the event that: (i) some or all of the Public Improvements have 14 not been completed and accepted by the City before the expiration date of the Letter of 15 Credit, (ii) the City has been notified that the Letter of Credit is not being extended for 16 another term of at least one year, and (iii) no replacement Letter of Credit satisfactory to the 17 City has been delivered to the City, the City shall have the right to draw on the full amount of 18 the Letter of Credit at any time prior to the expiration of the Letter of Credit. In the event of 19 such draw on the Letter of Credit, the City shall have the right to use the amount drawn to 20 complete any unfinished Public Improvements, perform any unperformed obligations of the 21 Developer, pay the costs to draw on the Letter of Credit and/or pay any costs to enforce this 22 Agreement. The Letter of Credit shall allow partial draws and shall provide that a draw can 23 be made on the Letter of Credit at a location which is in or within 30 miles of the City of 24 Roseville. 25 Ownership of Improvements and Risk of Loss H.. Upon completion and City acceptance of the 26 Public Improvements, all Public Improvements lying within public rights-of-way and easements 27 shall become City property without further notice or action.The Developer shall be responsible for 28 the risk of loss of all Public Improvements constructed by the Developer until ownership thereof 29 passes to the City. Any damage or destruction, in whole or in part, to any Public Improvement 30 constructed by the Developer shall be repaired and/or replaced by the Developer until ownership of 31 such Public Improvement passes to the City. 32 Warranty. I.The Developer shall install and construct the Public Improvements in accordance with 33 the terms and conditions of this Agreement. The Developer warrants the Public Improvements and 34 all work required to be performed by the Developer hereunder against poor material and faulty 35 workmanship for a period of two (2) years after its completion and acceptance by the City. The 36 Developer shall repair or replace as directed by the City and at the Developer’s sole cost and 37 expense: (i) any and all faulty work, (ii) any and all poor quality and/or defective materials, and (iii) 38 any and all trees, plantings, grass and/or sod which are dead, are not of good quality and/or are 39 diseased, as determined in the sole but reasonable opinion of the City or its Engineer, provided the 40 City or its Engineer givesnotice of such defect to Developer with respect to such items on or before 41 60 days following the expiration of the two year warranty period. The Developer shall post 42 maintenance bonds or other security acceptable to the City to secure the warranties described herein, 43 which bonds or other security shall be in addition to the Financial Security described herein. 44 Page 4of 11