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24 <br />LA515\163\1077757.v2 <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 any lots in the Subdivision which have not been sold to home buyers <br />if the Developer fails to make required payments to the City. The Developer, on behalf of itself <br />and its successors and assigns, acknowledges the benefit to the lots within the Subdivision of the <br />repair or replacement of the Subdivision Improvements and hereby consents to such assessment <br />and waives the right to a hearing or notice of hearing or any appeal thereon under Minnesota <br />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 street construction, including <br />concrete curb and gutter, sidewalks and trails, materials and equipment shall be <br />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). <br />D. The required warranty period for stormwater reuse improvements is one (1) year <br />from the date of the City’s issuance of the certificate of occupancy for 85 percent of <br />the subdivision lots in this phase. <br />34. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the <br />terms of this Agreement, payment of special assessments, payment of the costs of all public <br />Subdivision Improvements, and construction of all public Subdivision Improvements, the