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Improvements in accordance with the City's applicable ordinances, standards and <br /> processes and provides notice of such acceptance in writing to the Developer. Prior to the <br /> City's acceptance of the applicable Public Improvements, Developer shall, among other <br /> applicable requirements, provide to the City a notarized affidavit stating that all bills for <br /> labor, materials, and incidentals incurred have been paid in full, that any claims from <br /> manufacturers, materialmen and subcontractors have been released, and that there are no <br /> claims pending of which Developer has been notified. Notwithstanding the currently <br /> estimated timeframe referenced above, Developer will construct the City Improvements <br /> generally concurrently with the construction of the Developer Improvements as such <br /> schedule is determined by Developer, subject to the requirements of related Subdivision <br /> Improvement Agreements, if any. <br /> a. Before the City accepts the Public Improvements, Developer agrees to and shall <br /> dedicate at no cost to the City all easements and/or rights-of-way located within the <br /> Project, in forms reasonably acceptable to the City,related to and necessary for the <br /> location,operation and maintenance of the Public Improvements. <br /> b. The City will coordinate with Developer to determine whether the Public <br /> Improvements may be located in existing City easements, and upon written <br /> approval by the City, Developer may locate applicable portions of the Public <br /> Improvements in the easement areas identified in such approval. <br /> c. It is not anticipated that any offsite easements will be needed for the construction <br /> of the Public Improvements,however if any offsite easements are required,the City <br /> shall obtain such necessary easements solely for the City Improvements at the <br /> City's cost and expense and Developer shall be responsible for obtaining all other <br /> off-site easements. <br /> d. Except as may be required by applicable ordinances,other than provided for in this <br /> Agreement,the Developer shall not be required to construct additional wastewater <br /> facilities or dedicate easements to serve any other area outside of the Property. <br /> e. For purposes herein,the term"Force Majeure" shall mean circumstances which are <br /> beyond the reasonable control of a party(which circumstances may include,without <br /> limitation, governmental delays, acts of God, war, acts of civil disobedience, <br /> widespread pestilence, fire or other casualty, shortage of materials, adverse weather <br /> conditions such as, by way of illustration and not limitation, severe rain storms or <br /> tornadoes, labor action, strikes, changes in the law affecting the obligations of the <br /> parties hereunder,or similar acts. Whenever a period of time is herein prescribed for <br /> the taking of any action by the City or the Developer (other than the payment of <br /> sums of money as shall become due hereunder), such party shall not be liable or <br /> responsible for,there shall be excluded from the computation of such period of time, <br /> any delays due to events of Force Majeure. <br /> 3 <br />