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#372 Subdivider's Agreement for Kelley Green
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78-372, SUBD
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#372 Subdivider's Agreement for Kelley Green
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4/7/2026 10:20:30 AM
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Subdivider's sole cost and expense, any workmanship or mater- <br />ials that become defective, in the sole opinion of the City, <br />within said one-year period even though notice thereof be <br />given by the City after said one-year period. Concurrently, <br />with the execution of this agreement by the Subdivider, the <br />Subdivider has furnished to, and at all times thereafter shall <br />maintain with the City a satisfactory and sufficient warranty <br />bond in at least 150% of the total estimated cost of Plan A <br />Improvements as determined in paragraph 4, above, with a <br />corporate surety satisfactory to the City. Included among <br />the obligations of the surety under such bona shall be that <br />the Subdivider shall fully and faithfully discharge Subdi- <br />vider's obligations with respect to the Plan A Improvements <br />during the installation and construction period and that <br />may arise as a result of Subdivider's one-year guaranty. <br />6. Services to be Performed by City and Payment Therefor. <br />(A) With respect to Plan A Improvements, the City <br />(a) will review ana·approve the Subdivider's securing all <br />necessary permits; (b) may make periodic inspection of con- <br />struction methods and materials; (c) may make final job <br />inspections; and (d) may review and approve as-built drawings <br />and service ties. <br />(B) For such services, Subdivider will escrow with <br />the City a sum equal to 3% of the total estimated construction <br />cost of all Plan A Improvements at the time of the execution <br />of this agreement. The Subdivider will provide the City <br />Engineer with· true, accurate and complet~ information as to <br />bids and all construction costs. Upon completion and the <br />City's final acceptance of the as-built drawings and service <br />ties, the City will remit to Subdivider any amounts remaining <br />·after the City has charged against the escrow account all <br />expenses incurred by the City for the above services and for <br />any other reasonable expenses incurred by the City relating <br />-to the construction of Plan A Improvements. In the event that <br />the charges incurred by the City exceeds the escrow amount, <br />the Subdivider shall pay to the City the excess within 30 <br />days after receipt of a statement therefor. The City <br />Engineer will execute the certificate of completion after <br />the City receives all amounts due. <br />7. Fees and Expenses. The Subdivider agrees to pay <br />all City fees required per the current City Fee Schedule, and <br />-8-
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