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4.1 Extensions. City may, in its sole and absolute discretion, provide
<br />Developer with additional time within which to complete the Public Improvements. It is
<br />understood that by providing the security required under Section 13.0 et M. of this Agreement,
<br />Developer and its surety consent in advance to any extension of time as may be given by City to
<br />Developer, and waives any and all right to notice of such extension(s). Developer's acceptance
<br />of an extension of time granted by City shall constitute a waiver by Developer and its surety of
<br />all defense of laches, estoppel, statutes of limitations, and other limitations of action in any
<br />action or proceeding fled by City following the date on which the Public Improvements were to
<br />have been completed hereunder. In addition, as consideration for granting such extension to
<br />Developer, City reserves the right to review the provisions of this Agreement, including, but not
<br />limited to, the construction standards, the cost estimates established by City, and the sufficiency
<br />of the improvement security provided by Developer, and to require adjustments thereto when
<br />warranted according to City's reasonable discretion.
<br />4.2 Accrual of Limitations Period. Any limitations period provided by law
<br />related to breach of this Agreement or the terms thereof shall not accrue until Developer has
<br />provided the City Engineer with written notice of Developer's intent to abandon or otherwise not
<br />complete required or agreed upon Public Improvements.
<br />5.0 Grading. Developer agrees that any and all grading done or to be done in
<br />conjunction with construction of the Public Improvements or development of Parcel/Tract
<br />No. I8Z'O shall conform to all federal, state, and local laws, ordinances,
<br />regulations, and other requirements, including City's grading regulations. In order to prevent
<br />damage to the Public Improvements by improper drainage or other hazards, the grading shall be
<br />completed in accordance with the time schedule for completion of the Public Improvements
<br />established by this Agreement, and prior to City's approval and acceptance of the Public
<br />Improvements and release of the Security as set forth in Section 13.0 et sec , of this Agreement.
<br />6.0 Utilities. Developer shall provide utility services, including water, power, gas,
<br />and telephone service to serve each parcel, lot, or unit of land within Parcel/Tract No.
<br />1 in accordance with all applicable federal, state, and local laws, rules, and
<br />regulations, including, but not limited to, the regulations, schedules and fees of the utilities or
<br />agencies providing such services. Except for commercial or industrial properties, Developer
<br />shall also provide cable television facilities to serve each parcel, lot, or unit of land in accordance
<br />with all applicable federal, state, and local laws, rules, and regulations, including, but not limited
<br />to, the requirements of the cable company possessing a valid franchise with City to provide such
<br />service within City's jurisdictional Iimits. All utilities shall be installed underground.
<br />7.0 l=ees and Charges. Developer shall, at its sole cost, expense, and liability, pay all
<br />fees, charges, and taxes arising out of construction of the Public Improvements, including, but
<br />not limited to, all plan check, design review, engineering, inspection, and other service fees, and
<br />any impact or connection fees established by City ordinance, resolution, regulation, or policy, or
<br />as established by City relative to Parcel/Tract No. t 9,ZS0
<br />8.0 City Inspection of Public Improvements. Developer shall, at its sole cost,
<br />expense, and liability, and at all times during construction of the Public Improvements, maintain
<br />reasonable and safe facilities and provide safe access for inspection by City of the Public
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