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RJV-184370v2 <br />MU210-48 10 <br />replacements thereof, are warranted to be alive, of good quality, and disease free for the entire <br />period in which the Property is used as contemplated by this Agreement. The Developer shall be <br />solely responsible for all costs of performing repair and replacement work required by the City <br />and shall perform such work within thirty (30) days of receiving demand for such work from the <br />City, weather permitting. <br /> <br />Section 4.12. Records and Plans. The Developer agrees to provide the City with copies <br />of all bids and change orders, and the names of all suppliers and subcontractors, and other similar <br />information relating to the Improvements to be constructed by the Developer. Upon completion <br />of the Improvements, the Developer shall provide the City with a full set of Mylar as-built plans <br />for the City’s records. <br /> <br />Section 4.13. Maintenance Bond. Upon completion of the Improvements and prior to <br />acceptance thereof by the City, the Developer shall furnish to the City a one-year maintenance <br />bond guaranteeing the Improvements. The maintenance bond shall be in such amount as <br />required by the City to ensure satisfactory maintenance and care of the Improvements. <br /> <br />Section 4.14. Compliance with Existing Laws. The Developer warrants that all work <br />performed pursuant to this Agreement shall be in compliance with existing laws, ordinances, <br />pertinent regulations, standards, specifications of the Minnesota Pollution Control Agency and <br />specifications of the City, and is subject to approval of the City’s Building Official. <br /> <br />Section 4.15. Other Conditions. The Improvements must be constructed in full <br />compliance with the City’s building code, zoning and related ordinances and other relevant codes <br />and regulations. The developer shall secure at its sole cost all necessary permits, approvals and <br />authorizations. <br /> <br />Section 4.16. Certificate of Completion. Promptly after notification by the Developer of <br />completion of construction of each of the Improvements, the City shall inspect the construction <br />to determine whether the Improvements have been completed satisfactorily. If the City is <br />satisfied with the construction, the City shall furnish the Developer with a Certificate of <br />Completion in the form attached hereto as Exhibit C. Such certification by the City shall be a <br />conclusive determination of satisfaction and termination of the agreements and covenants in this <br />Agreement with respect to the obligation of the Developer to construct the Improvements. The <br />Certificate of Completion shall be issued only after issuance of a certificate of occupancy by the <br />City. <br /> <br /> The certification provided for in this Section 4.5 shall be in recordable form. If the City <br />shall refuse or fail to provide certification in accordance with the provisions of this Section 4.5, <br />the City shall within fifteen (15) days of such notification provide the Developer with a written <br />statement, indicating in what respects the Developer has failed to complete the Improvements in <br />accordance with the provisions of this Agreement or is otherwise in default, and what measures <br />or acts will be necessary, in the opinion of the City, for the Developer to take or perform in order <br />to obtain such certification. Prior to the issuance of a Certificate of Completion, no occupancy of <br />the Improvements shall be permitted. <br /> <br />