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11.0 Acceptance of Improvements, As -Built or Record Drawing. If the Public
<br />Improvements are properly completed by Developer and approved by the City Engineer, and if
<br />they comply with all applicable federal, state and local laws, ordinances, regulations, codes,
<br />standards, and other requirements, the City Council shall be authorized to accept the Public
<br />Improvements. The City Council may, in its sole and absolute discretion, accept fully completed
<br />portions of the Public Improvements prior to such time as all of the Public Improvements are
<br />complete, which shall not release or modify Developer's obligation to complete the remainder of
<br />the Public Improvements within the time required by this Agreement. Upon the total or partial
<br />acceptance of the Public Improvements by City, Developer shall file with the Recorder's Office
<br />of the County of Riverside a notice of completion for the accepted Public Improvements in
<br />accordance with California Civil Code section 3093, at which time the accepted Public
<br />Improvements shall become the sole and exclusive property of City without payment therefor. If
<br />Parcel/Tract No. was approved and recorded as a single phase map, City
<br />shall not accept any one or more of the improvements until all of the Public Improvements are
<br />completed by Developer and approved by City. Issuance by City of occupancy permits for any
<br />buildings or structures located on the Property shall not be construed in any manner to constitute
<br />City's acceptance or approval of any Public Improvements. Notwithstanding the foregoing, City
<br />may not accept any Public Improvements unless and until Developer provides one (1) set of "as -
<br />built" or record drawings or plans to the City Engineer for all such Public Improvements. The
<br />drawings shall be certified and shall reflect the condition of the Public Improvements as
<br />constructed, with all changes incorporated therein.
<br />12.0 Warranty and Guarantee. Developer hereby warrants and guarantees all Public
<br />Improvements against any defective work or labor done, or defective materials furnished in the
<br />performance of this Agreement, including the maintenance of all landscaping within the Property
<br />in a vigorous and thriving condition reasonably acceptable to City, for a period of one (1) year
<br />following completion of the work and acceptance by City ("Warranty"). During the Warranty,
<br />Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion
<br />of the Public Improvements, in accordance with the current ordinances, resolutions, regulations,
<br />codes, standards, or other requirements of City, and to the approval of the City Engineer. All
<br />repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense,
<br />and liability of Developer and its surety. As to any Public Improvements which have been
<br />repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree
<br />to extend the Warranty for an additional one (1) year period following City's acceptance of the
<br />repaired, replaced, or reconstructed Public Improvements. Nothing herein shall relieve
<br />Developer from any other liability it may have under federal, state, or local law to repair, replace,
<br />or reconstruct any Public Improvement following expiration of the Warranty or any extension
<br />thereof. Developer's warranty obligation under this section shall survive the expiration or
<br />termination of this Agreement.
<br />13.0 Security, Surety Bonds. Prior to execution of this Agreement, Developer shall
<br />provide City with surety bonds or a letter of credit in the amounts and under the terms set forth
<br />below ("Security"). The amount of the Security shall be based on the City Engineer's
<br />approximation of the actual cost to construct the Public Improvements, including the
<br />replacement cost for all landscaping ("Estimated Costs"). If City determines, in its sole and
<br />absolute discretion, that the Estimated Costs have changed, Developer shall adjust the Security
<br />in the amount requested by City. Developer's compliance with this provision (Section 13.0 et
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