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Attachment A 1 Warranty. The Developer shall install and construct the Public Improvements in accordance with 2 the terms and conditions of this Agreement. The Developer warrants the Public Improvements and all 3 work required to be performed by the Developer hereunder against poor material and faulty 4 workmanship for a two (2) year periodafter its completion and acceptance by the City. The Developer 5 shall repair or replace as reasonably directed by the City and at the Developer’s sole cost and expense: 6 (i) any and all faulty work, (ii) any and all defective materials, and (iii) any and all trees, plantings, 7 grass and/or sod which are dead and/or are diseased, as determined in the sole but reasonable opinion 8 of the City or its Engineer, provided the City or its Engineer gives notice of such defect to Developer 9 with respect to such items on or before 60 days following the expiration of the one year warranty 10 period. 11 Utility Company Improvements. The utility improvements include underground gas, electric, and 12 telephone service as installed by the appropriate utility company at the direction of the Developer. 13 The Developer shall arrange for the installation of underground gas, electric, telephone and cable 14 television to the Project. 15 Park Dedication Fee. The park dedication fee for the new lot within the Plat shall be waived by the 16 City for the Project because the Project provides affordable housing. 17 License. The Developer hereby grants the City, its agents, employees, officers and contractors a 18 license to enter the Property to perform all work and inspections deemed appropriate by the City during 19 the installation of the Public Improvements. This license shall expire after the Property has been 20 completely developed and all of the Public Improvements have been accepted by the City. 21 Building Permits. In order to provide emergency vehicle access, if access is not available via an 22 existing street or roadway, a passable Class 5 road base must be extended to within 150 feet of any 23 address seeking a building permit. 24 Land Occupancy. No certificate of occupancy shall be issued until: 25 1. The installation of a hard surface driveway and parking lot. 26 2.The installation of the appropriate ground coverthat meets City erosion control standards of 27 vegetative cover. 28 Construction Management. The Developer and its contractors and subcontractors shall minimize 29 impacts from construction on the surrounding neighborhood as follows: 30 1. Definition of Construction Area. The limits of the Project area shall be defined with heavy- 31 duty erosion control fencing approved by the City Engineer. Any grading, construction or other 32 work outside this area requires approval by the City Engineer and the affected property owner. 33 2. Parking and Storage of Materials. No fill, excavating material or construction materials shall 34 be stored in the public right-of-way. 35 3. Hours of Construction. Hours of construction, including moving of equipment shall be limited 36 to the hours between 7 a.m. and 9 p.m. on weekdays and 9 a.m. and 9 p.m. on weekends. 37 4. Site Maintenance. The Developer shall ensure the contractor maintains a clean work site. 38 Measures shall be taken to prevent debris, refuse or other materials from leaving the site. 39 Construction debris and other refuse generated from the project shall be removed from the site in Page 6 of 15