08 Plat approval, variance, easement acceptance and subdivision improvements

Home Browse Search

1.02. Duty to Construct Developer shall construct or cause to be constructed the Public Improvements in accordance with the City's Standard Specifications for Public Works Construction, which are made a part hereof by reference ("Standard Specifications"), and Developer's Engineering Plans approved by the City on , which are made a part hereof by reference ("Engineering Plans"). Time is of the essence in this Agreement, and Developer shall commence construction of the Public Improvements no later than , and shall complete the construction of the Public Improvements on or before even if Developer is unable to sell any lots in the Subdivision or begin construction of the private improvements. The completion date may only be extended by the mutual agreement of the parties hereto. 1.03 Rough Proportionality Developer agrees that the Public Improvements to be constructed in accordance with this Agreement substantially advances a legitimate governmental interest in providing necessary water, sewer and drainage connections and improvements and access to public right-of-way. Developer also agrees that Developer's share of the cost of the Public Improvements to be constructed under this Agreement is a fair and equitable requirement and is roughly proportional to the impact that Developer's Subdivision will have on the City's roadways and other infrastructure. ARTICLE II. WARRANTIES 2.01. Warranty Against Defects Developer expressly warrants that the Public Improvements shall be constructed in substantial compliance with the Standard Specifications and Engineering Plans and free from all defects. Developer shall indemnify the City from all expenses and liability incurred by the City as result of present or latent defects in the constructed Public Improvements. This warranty and indemnity shall extend for a period of one (1) year from and after the date of the City Engineer's written acceptance of the Public Improvements, or if such Public Improvements are accepted separately, one (1) year after acceptance of the dedication of the last completed Public Improvement. 2.02. Remedy of Defects Developer shall remedy, repair or replace any and all defects in the Public Improvements within twenty (20) days of written notice to Developer from the City that the defect exists. If the defect is of the type that will require additional time in which to remedy, the Developer shall specify in writing to the City within said twenty (20) day period the particular reasons why such repairs cannot be completed in said finrenty (20) day period. If, in the City's reasonable opinion, such reasons for delay are justified, the City may grant the Developer additional time. However, in any such event the SUBDIVISION IMPROVEMENT AGREEMENT PAGE 2 . . . + w•,tw ~ ~ 1"k