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RCA Attachment E 1 L.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 3 all work required to be performed by the Developer related to the Public Improvements hereunder 4 against poor material and faulty workmanship for a period of two (2) years after its completion and 5 acceptance by the City. The Developer shall repair or replace as directed by the City and at the 6 DeveloperÓs sole cost and expense: (i) any and all faulty work, (ii) any and all poor quality and/or 7 defective materials, and (iii) any and all trees, plantings, grass and/or sod which are dead, are not of 8 good quality and/or are diseased, as determined in the sole but reasonable opinion of the City or its 9 Engineer, provided the City or its Engineer gives notice of such defect to Developer with respect to 10 such items on or before 60 days following the expiration of the two year warranty period. The 11 Developer shall post maintenance bonds or other security acceptable to the City to secure the 12 warranties described herein, which bonds or other security shall be in addition to the Financial 13 Security described herein. 14 M.Park Dedication Fee. Park dedication shall be in cash, in the amount of $25,500.00, and shall be 15 paid to the City upon or prior to the execution of this Agreement. 16 N. License. The Developer hereby grants the City, its agents, employees, officers and contractors a 17 license to enter the Property to perform all work and inspections deemed appropriate by the City 18 during the installation of the Public Improvements. This license shall expire after the Property has 19 been completely developed and all of the Public Improvements have been accepted by the City. 20 O. Land Occupancy. No certificate of occupancy shall be issued until: 21 All Public Improvements have been completed. 22 P. Construction Management. The Developer and its contractors and subcontractors shall minimize 23 impacts from construction on the surrounding neighborhood as follows: 24 Definition of Construction Area. The limits of the Project Area shall be defined with 25 heavy-duty erosion control fencing approved by the City Engineer. Any grading, 26 construction or other work outside this area requires approval by the City Engineer and 27 the affected property owner. 28 Parking and Storage of Materials. No fill, excavating material or construction materials 29 shall be stored in the public right-of-way. 30 Hours of Construction. Hours of construction, including moving of equipment, shall be 31 limited to the hours between 7 a.m. and 9 p.m. on weekdays and 9 a.m. and 9 p.m. on 32 weekends. 33 Site Maintenance. The Developer shall ensure the contractor maintains a clean work site. 34 Measures shall be taken to prevent debris, refuse or other materials from leaving the site. 35 Construction debris and other refuse generated from the project shall be removed from 36 the site in a timely fashion and/or upon the request by the City Engineer. After the 37 Developer has received twenty-four (24) hour verbal notice, the City shall have the right 38 to complete or contract to complete the site maintenance work at the DeveloperÓs 39 expense, which amount the Developer shall pay to the City upon demand. 40 Cold Weather Construction. The City requires that no public concrete or bituminous 41 infrastructure be constructed on frozen ground. Upon evidence of frozen ground in the 42 project aggregate base/subgrade, all concrete and bituminous work shall cease for the Page 6 of 14 Page 6 of 14