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#10 - Lake Elmo Elementary Development Agreement
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#10 - Lake Elmo Elementary Development Agreement
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<br />19 <br />LA515\147\1015204.v1 <br />LA515\147\1015204.v1 <br />the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement. <br />28. WARRANTY. During the warranty period, the Developer warrants that all Subdivision <br />Improvements will be free from defects and that they will continue to meet all technical <br />specifications and standards. During the warranty period, the Developer agrees to repair or <br />replace any Subdivision Improvement, or any portion or element thereof, which shows signs of <br />failure, normal wear and tear excepted. If the Developer fails to repair or replace a defective <br />Subdivision Improvement during the warranty period, the City may repair or replace the defective <br />portion and may use the Security to reimburse itself for such costs. The Developer agrees to <br />reimburse the City fully for the cost of all Subdivision Improvement repair or replacement if the <br />cost thereof exceeds the remaining amount of the Security. Such reimbursement must be made <br />within forty-five (45) days of the date upon which the City notifies the Developer of the cost due <br />under this paragraph. The Developer hereby agrees to permit the City to specially assess any <br />unreimbursed costs against the Property if the Developer fails to make required payments to the <br />City. The Developer, on behalf of itself and its successors and assigns, acknowledges the benefit <br />to the lot within the Subdivision of the repair or replacement of the Subdivision Improvements and <br />hereby consents to such assessment and waives the right to a hearing or notice of hearing or any <br />appeal thereon under Minnesota Statutes, Chapter 429. <br />A. The required warranty period for all work relating to the public sanitary sewer and <br />water shall be two (2) years from the date of final written City acceptance of the work. <br />B. The required warranty period for all work relating to site improvements, including <br />pavements, concrete curb and gutter, sidewalks and trails, materials and equipment <br />shall be subject to one (1) year from the date of final written acceptance of the work. <br />C. The required warranty period for sod, trees, and landscaping is two (2) years from <br />the date of final written City acceptance of the installation as provided by LEC <br />105.12.480(i).
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