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ATTACHMENT A <br />13.Acceptance of Public Improvements. After the work described in paragraph 1 of <br />this Agreement has been completed, the Developer may request that the City accept the Public <br />Improvements. This may be accomplished through a City Council resolution or confirmation in a <br />writing signed by the City Engineer, provided the following conditions are met: <br />a. As-Built Survey. The Developershall provide an as-built survey upon completion <br />of the Public Improvements described in Paragraph C in reproducible and digital <br />(AutoCAD) format. The locations and elevations of sewer and water services shall <br />be accurately shown on the survey. <br />b.Certification.The Developer’s engineer submits a letter certifying that the <br />improvements have been constructed to City Standards in accordance with the <br />Plans and requests that the City accept the improvements. <br />c. Payment.The Developer provides documentation that its contractors, <br />subcontractors, and material suppliers have been paid in full for the work <br />completed. <br />d.Determination of Completion. The City Engineer has determined that all Public <br />Improvements have been completed in accordance with City-approved Plans and <br />terms of this Agreement. <br />The date of City acceptance of the Public Improvements shall be the date of the City Council <br />resolutionor the City Engineer’s signed confirmation accepting the Public Improvements. <br />In the event that a Letter of Credit is given as the Financial Security the term of any Letter of Credit <br />provided by the Developer must be at least one year. Notwithstanding anything to the contrary <br />contained herein, in the event that: i) some or all of the Public Improvements have not been <br />completed and accepted by the City before the expiration date of the Letter of Credit, ii) the City <br />has been notified that the Letter of Credit is not being extended for another term of at least one <br />year, and iii) no replacement Letter of Credit satisfactory to the City has been delivered to the City, <br />the City shall have the right to draw on the full amount of the Letter of Credit at any time prior to <br />the expiration of the Letter of Credit. In the event of such draw on the Letter of Credit, the City <br />shall have the right to use the amount drawn to complete any unfinished Public Improvements, <br />perform any unperformed obligations of the Developer, pay the costs to draw on the Letter of <br />Credit and/or pay any costs to enforce this Agreement. The Letter of Credit shall allow Partial <br />Draws and shall provide that a draw can be made on the Letter of Credit at a location which is in <br />or within 30 miles of the City of Roseville. <br />14.Ownership of Improvements and Risk of Loss. Upon completion and City <br />acceptance of the Public Improvements, allPublic Improvements lying within public rights-of- <br />way and easements, shall become Cityproperty without further notice or action. The Developer <br />shall be responsible for the risk of loss of all Public Improvements constructed by the Developer <br />until ownership thereof passes to the City. Any damage or destruction, in whole or in part, to any <br />Public Improvement constructed by the Developer shall be repaired and/or replaced by the <br />Developer until ownership of such Public Improvement passes to the City. <br />15.Warranty. The Developer shall install and construct the Public Improvements and <br />the Privately Maintained Public Improvements in accordance with the terms and conditions of this <br />Agreement. The Developer warrants the Public Improvements and the Privately Maintained <br />Public Improvements and all work required to be performed by the Developer hereunder against <br />5 <br /> <br />