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DOC #2025-0257659 Page 2 of 19 <br />IA-4.1 (6/21) <br />that are shown in the plans, profiles and specifications that have been prepared by Developer and <br />approved by City, and which are described in Exhibit `B." All Improvements constructed or <br />installed pursuant to this Agreement shall become the property of City, without payment therefor, <br />upon acceptance of those Improvements by City. <br />2. Time for Completion. Construction of the Improvements shall be completed within <br />eighteen (18) months from the Effective Date of this Agreement. In the event Developer fails to <br />complete construction of the Improvements within that time period, City may require Developer's <br />surety to complete the Improvements, or City may complete construction of the Improvements and <br />recoup its expenses for such work from Developer, or Developer's surety, as hereafter provided. <br />3. Developer's Obligations to Construct Improvements. Developer shall: <br />A. Complete the Improvements, at Developer's expense, in conformance with <br />approved Improvement plans; provided, however, that the Improvements shall not be deemed to <br />be completed until accepted by City as provided for in Section 18 hereof. <br />B. Furnish at Developer's expense the necessary materials, provisions and other <br />supplies or equipment used for the Improvements, and a payment bond with respect to such work <br />or labor for the completion of the Improvements in conformity with the Improvement Plans. <br />C. Acquire and dedicate all rights -of -way, easements, and other interests in real <br />property for construction and installation of the Improvements, or pay the cost of acquisition <br />incurred by City. All rights -of -way, easements and other interests in real property shall be free and <br />clear of liens and encumbrances. The Developer's obligations with regard to acquisition by City <br />of off -site rights -of -way, easements and other interests in real property shall be the subject of a <br />separate agreement between Developer and City. Developer shall also be responsible for obtaining <br />any public or private sanitary sewer, drainage, and/or utility easements or authorization to <br />accommodate the Project. <br />D. Commence construction of the Improvements by the time established in Section 25 <br />of this Agreement and complete the Improvements as required by Section 2, above, unless a time <br />extension is granted by City. <br />4. Acquisition and Dedication of Property. If any of the Improvements contemplated <br />by this Agreement are to be constructed or installed on property not owned by City or Developer, <br />no construction or installation shall be commenced before: <br />A. The offer of dedication to City of appropriate rights -of -way, easements or other <br />interests in real property, and appropriate authorization from property owner to allow construction <br />or installation of the Improvements, or <br />B. The dedication to, and acceptance by, City of appropriate rights -of -way easements <br />or other interests in real property, as determined by the Municipal Utilities and Development <br />Services Director, or <br />2 <br />320573246v.2 <br />IAcmo\Agreements\LBA Public Improvement Agreement-FY2526-030.docx- Rev ised jl <br />