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Acceptance" after which the Developer shall provide a warranty for the improvements and <br />the same shall be subject to "Final Acceptance" as set forth herein. If improvements <br />completed by Developer are unsatisfactory, the City shall provide written notice to <br />Developer of the repairs, replacements, construction or other work required to receive <br />Construction Acceptance. Developer shall complete all needed repairs, replacements, <br />construction or other work within thirty (30) days of said notice, weather permitting. After <br />Developer does complete the repairs, replacements, construction or other work required, <br />Developer shall request of the City a re -inspection of such work to determine if <br />Construction Acceptance can be granted, and the City shall provide written notice to <br />Developer of the acceptability or unacceptability of such work prior to proceeding to <br />complete any such work at Developer's expense. If Developer does not complete the <br />repairs, replacements, construction or other work required within the time frame set forth <br />in this Section, the City may exercise its rights to secure performance as provided in this <br />Agreement. The City reserves the right to schedule re -inspections, depending upon scope <br />of deficiencies. No certificate of occupancy for the Development shall be issued by <br />the Building Division prior to Construction Acceptance of the public <br />improvements. <br />1.8 Warranty & Maintenance of Improvements. For a two (2) year period from the <br />date of Construction Acceptance of any improvements related to the Development, <br />Developer shall, at its own expense, take all actions necessary to maintain said <br />improvements and make all needed repairs or replacements which, in the reasonable <br />opinion of the City, shall become necessary. If within thirty (30) days of Developer's <br />receipt of written notice from the City requesting such repairs or replacements, the <br />Developer has not completed such repairs, the City may exercise its rights to secure <br />performance as provided in this Agreement. Notwithstanding the above, the Developer <br />and each successor owner of the Development property shall be responsible for the <br />warranty and maintenance obligations provided for herein, subject to Section 3.4 of this <br />Agreement. <br />1.9 Final Acceptance. At least sixty (60) days before two (2) years have elapsed <br />from the issuance of Construction Acceptance, or as soon thereafter as weather permits, <br />Developer shall request a Final Acceptance inspection. The City shall inspect the <br />improvements and shall notify the Developer in writing of all deficiencies and necessary <br />repairs. After Developer has corrected all deficiencies and made all necessary repairs <br />identified in said written notice, the City shall issue to Developer a letter of Final <br />Acceptance. If Developer does not correct all deficiencies and make repairs identified in <br />said inspection to the City's satisfaction within thirty (30) days after receipt of said notice, <br />weather permitting, the City may exercise its rights to secure performance as is provided <br />in this Agreement. If any mechanic's liens have been filed with respect to the public <br />improvements, the City may retain all or a portion of the Improvement Guarantee up to <br />the amount of such liens. If Developer fails to have improvements finally accepted within <br />two (2) years of the date of the issuance of Construction Acceptance or any improvements <br />are found not to conform to this Agreement, or to applicable City standards and <br />specifications, then Developer shall be in default of the Agreement and the City may <br />exercise its rights under this Agreement. <br />3 <br />