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work is satisfactorily completed in accordance with the improved plans and specifications and the <br />Developer and his engineer shall submit a written statement to the City Engineer certi lying that the projer:t <br />has been completed in accordance with the approved plans and speci Hcations. The appropriate contractor <br />waivers shall also be provided. Final acceptance of the public improvements, ifany, shall be by City <br />Council resolution. <br />9. Landicapiag. Landscaping shall be installed in accordance with Plan D. Trees which can <br />cause a public nuisance, such as cotton producing trees, or can be a public hazard, such as bug infestation <br />or weak bark, are prohibited. The minimum tree size shall be two and one-hal f (2 '/j) inches ca! iper, ei ther <br />barerootinseason,orballedandburlapped. The trees may not be planted in the boulevard (area between <br />curb and property line). In addition to anysod required asapartofthe erosion control plan. Plan B, the <br />Developer or lot purchaser shall sod the boulevard area and all drainage ways on each lot utilizing a <br />minimum of four (4) inches of topsoil as a base. Seed or sod shall also be placed on all disturbed areas <br />ofthe lot. If these improvements are not in place at the time a certificate of occupancy is requested, a <br />fiiumcial guarantee of $750.00 in the form of cash or letter of credit shall be provided to the City. These <br />conditions must then be complied with within two (2) months after the certificate of occupar cy issued, <br />except that ifthecertificateofoccupancyis issued between October 1 through May 1 these conditions <br />must be complied with by the following July 1 st. Upon expiration of the time period, inspections will be <br />conducted byCifystaffto verify satisfactory completion ofall omditions. City staff will conduct inflections <br />ofincomplete items witfia$50.00 inflection fee deducted fiom the escrow fund for each inspection. After <br />satis&ctoiy inspection, the financial guarantee shall be returned. If the requirements are not satisfied, the <br />City may use the security to satisfy the requirements. The City may also use the escrowed funds for <br />maintenanceof erosion control pursuant to City Code Section 20-94 or to satisfy any other requirements <br />of this Contract or of City ordinances. These requirements supplement, but do not replace, specific <br />landscaping conditions that may have been required by the City Council for project approval. <br />10. Warranty. The Developerwairants all work required to be performed by it against poor <br />material and fiuilty worionanship fiir a period of two (2) years after its completion and acceptance by the <br />City. All trees,grass, andsodshallbewarranted to bealive,of goodquality,anddiseasefiwat the time <br />of planting. All tandscqie plantings shall be warranted for eighteen (18) months from the time of formal <br />acceptance by the City. The Develcfier or his contractor's) shall post a letter of credit or other security <br />acceptable to the City to secure the warranties at the time of final acceptance. <br />11. MafaiteBance.TheDevelopershallberefionsiblefixrmaintenanceofaUprivatetyowned <br />Improvements including roads, sidewalks, and storm sewers, regardless whether easements for such <br />improvements have been granted to the City. Developer shall pennanently maintain site lighting, signage <br />and landscapingoonsistent with the approved Plans for said improvements. Developer shall be refionsible <br />fiirmaintetuuiceof all sewer and water lines that are defined as “connections” as indicated on the approved <br />UtilityPlan. Developer shall be responsible fixr ensuring that the appearance and design ofthe building are <br />maintained per die approved building and construction plan, and shall be responsible for ensuring that the <br />site amenities and features as shown on the fiproved site plan are maintained per said plan. <br />GC-3