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1. 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 Subdivider's engineer <br />and approved by City, and which are attached hereto as Exhibit "A." No work on the Improvements <br />shall be commenced by Subdivider until such plans, profiles and specifications have been approved <br />by City and permits issued. The cost of plan checking and inspection incurred by City shall be paid <br />by Subdivider. All Improvements constructed or installed pursuant to this Agreement shall become <br />the property of City, without payment therefor, upon acceptance of those Improvements by C' <br />I I � - IM <br />2. Time of Completion. Construction of the Improvements shall be completed within <br />twelve (12) months from the date of Subdivider's execution of this Agreement. In the event <br />Subdivider fails to complete construction of the Improvements within that time period, City may <br />require Subdivider's surety to complete the Improvements, or City may complete construction of the <br />Improvements and recoup its expenses for such work from Subdivider, or Subdivider's surety, as <br />hereafter provided. <br />3. Subdivider's Obligations to Construct Improvements. Subdivider shall: <br />a. Complete, at Subdivider's own expense, all the public improvement work required <br />by City in conformance with approved Improvement Plans within one (1) year following the date <br />of this Agreement; provided, however, that the Improvements shall not be deemed to be completed <br />until accepted by City Council as provided in Section 19 herein. <br />b. Furnish at Subdivider's expense the necessary materials, provisions and other supplies <br />or equipment used for Improvements and for a payment bond with respect to such work or labor, as <br />required by Civil Code Section 3247, for the completion of the Improvements in conformity with <br />the Improvement Plans. <br />C. Acquire and dedicate all rights -of -way, easements, and other interests in real property <br />for construction and installation of the Improvements, or pay the cost of acquisition incurred by City. <br />All rights -of -way, easements, and other interests in real property shall be free and clear of liens and <br />encumbrances. The Subdivider's obligations with regard to acquisition by City of off -site rights-of- <br />wav, easements, and other interests in real property shall be subject to a separate agreement greement between <br />Subdivider and City. Subdivider shall also be responsible for obtaining any public or private sanitary <br />sewer, drainage, and/or utility easements or authorization to accommodate the Subdivision. <br />in _ <br />d. Commence construction of the Improvements by the time established in Section 26 <br />of the agreement and complete the Improvements by the deadline stated in Paragraph I (a) above, <br />unless a time extension is granted by the City as authorized in Section 26. <br />e. Install all subdivision public improvement monuments required by law prior to formal <br />final acceptance of the public improvements by the City. Individual property monuments shall be <br />installed within one year of said acceptance, <br />LIca\dim',Sarnple Documents'Subdivision - Bixby,wpd <br />2 <br />