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1.03 Construction of Public Improvements. The development of the Project will include construction of certain Improvements to current or future public property (the “Public Improvements”). All Public Improvements must be constructed in accordance with City details and specifications and the Approved Plans (as defined in Section 1.02). All labor and work must be done and performed in the best and most workerlike manner and in strict conformance with the Approved Plans. Any deviation from the Approved Plans must be preapproved in writing by the City Engineer. Public Improvements shall consist of the following; a) Public Pathways. A 6-foot wide sidewalk shall be constructed along Albert Street North from the northern property line to the intersection with County Road B. 1.04 Public Dedication and Ownership. a) Parkland Fees/Dedication. The Developer acknowledges that the Project will increase the need for City parkland and other open space for current City residents and future residents of the Project. Developer agrees that the park impact fees equal to $123,250, or $4,250 for each dwelling unit development beyond the 57 units that could be permitted by right under the requirements and incentives of the Zoning Code, pursuant to this Agreement are reasonably related to and roughly proportionate with the need created by the Project. b) Easement/Right of Way Dedication. The Developer shall convey to the City the sidewalk easement as described in Exhibit B for public use and shall be recorded prior to acceptance of the Improvements. c) Ownership of Improvements and Risk of Loss. Upon completion and City acceptance of the Public Improvementsby the City Council, all Public Improvements lying within public rights-of-way and easements shall become City property without further notice or action. The Developer shall be responsible for the risk of loss of all Public Improvements constructed by the Developer until ownership thereof passes to the City. Any damage or destruction, in whole or in part, to any Public Improvement constructed by the Developer shall be repaired and/or replaced by the Developer until ownership of such Public Improvement passes to the City. Upon acceptance of the public improvement, the Developer shall warranty all work for a one-year period by providing a warranty bond. 1.05 Work or Materials. All work that the Developer is required to perform pursuant to this Agreement shall be done at no expense to the City. No reimbursement shall be made by the City for any work paid for by the Developer. The Developer agrees that they will make no claim for compensation for work or materials so done or furnished. 1.06 Construction of Private Improvements. The development of the Project will consist of construction of certain Improvements on private property (the “Private Improvements”). All 4 RS160\\10\\864844.v1