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hereto mutually agree as follows: <br />1. General Requirements. Developer shall, at its own cost and expense, construct and <br />complete the Improvements to the satisfaction of City within twelve (12) months from the date of <br />Developer's execution of this Agreement, and at an estimated cost of Three Million One Hundred <br />Forty Seven Thousand Dollars ($3,147,000.00), including the cost of plan checking and <br />inspection. <br />2. Definition and Ownership of Improvements The Improvements include but are not <br />limited to the grading, paving, construction of curbs and gutters, storm drains and sanitary sewers, <br />water lines, utilities, street lights, and all appurtenant facilities associated with the Subdivision that <br />are shown in the plans, profiles and specifications that have been prepared by Developer's <br />engineer and approved by City, and which are attached hereto as Exhibit "A." No work on the <br />Improvements shall be commenced by Developer until such plans, profiles and specifications have <br />been approved by City and permits issued. The cost of plan checking and inspection incurred by <br />City shall be paid by Developer. All Improvements constructed or installed pursuant to this <br />Agreement shall become the property of City, without payment therefor, upon acceptance of those <br />Improvements by City. <br />3. Time of Completion. Construction of the Improvements shall be completed within <br />twelve (12) months from the date of Developer's execution of this Agreement. In the event <br />Developer fails to complete construction of the Improvements within that time period, City may <br />require Developer's surety to complete the Improvements, or City may complete construction of <br />the Improvements and recoup its expenses for such work from Developer, or Developer's surety, <br />as hereafter provided. <br />4. Surety Bond. Concurrent with Developer's execution of this Agreement, <br />Developer shall file with City appropriate security pursuant to Government Code section 66499.3, <br />in the form and amount determined by City, to guarantee Developer's performance of this <br />Agreement and Developer's compliance with the provisions of the Redlands Municipal Code. <br />Developer shall also file a bond with City to guarantee payment to Developer's contractors, <br />subcontractors and to all persons providing equipment or furnishing labor or materials to <br />Developer for the Improvements. The bond shall be in the amount required by City in accordance <br />with Sections 66499 through 66499.10 of the Government Code. <br />5. Effective Date. This Agreement shall not become effective unless and until the <br />final map for the Subdivision is approved by City and accepted for recordation by the County <br />Recorder of the County of San Bernardino. <br />6. Liability for Nonperformance Neither City nor its elected officials, officers, <br />employees or agents shall be liable to Developer or Developer's contractors, agents or employees <br />for any error or omission by Developer arising out of or in connection with any work performed <br />pursuant to this Agreement. <br />1:,Pw,I,AtJRIExDevelopment\BONDS.Ti-1610F'sublila rcestdp.�c.wpd 2 <br />