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1 the Developer may request that the City accept the Public Improvements. This is 2 accomplished through a City Council resolution provided the following conditions are 3 met: 4 a)As-built Survey.The Developer shall provide an as-built survey upon completion of 5 the Public Improvements described in Paragraph C in reproducible and digital 6(AutoCAD) format. The locations and elevations of sewer and water services shall be 7 accurately shown on the survey. 8 b)Certification.The Developer’s engineer submits a letter certifying that the Public 9 Improvements have been constructed to City Standards in accordance with the Plans and 10 requests that the City accept the Public Improvements. 11 c)Payment.The Developer provides documentation that its contractors and their 12 subcontractors and suppliers have been paid in full for the work completed and the 13 materials supplied. 14 d)Determination of Completion.The City Engineer and the City Council have 15 determined that all Public Improvements have been completed in accordance with the 16 Plans, specifications and terms of this Agreement. 17 The date of City acceptance of the Public Improvements shall be the date of the City Council 18 resolution accepting the Public Improvements 19 In the event that a Letter of Credit is given as the Financial Security the term of any Letter of 20 Credit provided by the Developer must be at least one year. Notwithstanding anything to the 21 contrary contained herein, in the event that: i) some or all of the PublicImprovements have 22 not been completed and accepted by the City before the expiration date of the Letter of 23 Credit, ii) the City has been notified that the Letter of Credit is not being extended for 24 another term of at least one year, and iii) no replacementLetter of Credit satisfactory to the 25 City has been delivered to the City, the City shall have the right to draw on the full amount of 26 the Letter of Credit at any time prior to the expiration of the Letter of Credit. In the event of 27 such draw on the Letter of Credit, the City shall have the right to use the amount drawn to 28 complete any unfinished Public Improvements, perform any unperformed obligations of the 29 Developer, pay the costs to draw on the Letter of Credit and/or pay any costs to enforce this 30 Agreement. The Letter of Credit shall allow Partial Draws and shall provide that a draw can 31 be made on the Letter of Credit at a location which is in or within 30 miles of the City of 32 Roseville. 33 J.Ownership of Improvements and Risk of Loss.Upon completion andCity acceptance of the 34 Public Improvements, all Public Improvements lying within public rights-of-way and easements 35 shall become City property without further notice or action, except as follows: none The Developer 36 shall be responsible for the risk of loss of all Public Improvements constructed by the Developer 37 until ownership thereof passes to the City. Any damage or destruction, in whole or in part, to any 38 Public Improvement constructed by the Developer shall be repaired and/or replaced by the 39 Developer until ownership of such Public Improvement passes to the City. The following special 40 requirements shall apply with respect to the maintenance of Public Improvements which have been 41 completed and accepted by the City: The City will take ownership and maintenance of the storm 42 water facilities only after final acceptance. Page 5of