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e. Acceptance of Improvements. Conveyance of the improvements will be <br />made after the City has accepted the improvements. <br />£ Conveyance. Developer will provide a Bill of Sale for the improvements, <br />and a one-year warranty certification. Developer will also execute a utility <br />easement, in a form attached hereto as Exhibit C, to allow the City access <br />for the continued maintenance of the improvements. Once accepted, the <br />City will be responsible for all subsequent operation, maintenance, and <br />repair of the improvements not covered by warranties. <br />g. Reimbursement of Actual Costs by City. Once City has accepted the <br />improvements, City will reimburse Developer for Developer's actual costs <br />in constructing the improvements. Developer shall provide proof <br />satisfactory to City that all contractors, subcontractors, materialmen and <br />laborers have been paid in full. In the event the actual costs exceed the <br />anticipated costs, the Developer shall provide the City with the detail <br />regarding such cost differences and justification for the discrepancy. It <br />shall be within the City's sole discretion to decide whether to pay the <br />difference between the actual costs and the anticipated costs. In order to <br />be eligible for reimbursement, Developer must submit all receipts and bills <br />for the improvements. <br />h. As -Built Plans. At least 7 days prior to final inspection, Developer must <br />provide City "as -built" surveys prepared and sealed by the surveyor <br />showing the location of the improvements as constructed. <br />6. Obligations. Should the Developer fail to undertake and complete its obligations <br />as described in this Commitment to the City's specifications, then the City shall give the <br />Developer thirty (30) days written notice to commence and ninety (90) days to complete said <br />required obligations. If the Developer fails to complete the obligations within the ninety (90) <br />day period then the City, without further notice to the Developer, or its successors in interest, <br />may, at its discretion, without prejudice to any other rights or remedies it may have, perform any <br />and all of the obligations described in this Commitment, and invoice Developer. In that event, <br />Developer hereby grants City access to the Subject Property to construct the improvements, and <br />Developer will cease construction of the improvements. Notice to the Developer and its <br />successors in interest shall be deemed to have been given upon the mailing of notice to the <br />above-mentioned address. <br />7. Enforcement. The City may, without prejudice to any other legal or equitable <br />right or remedy it may have, withhold permits, certificates of occupancy or approvals, and may <br />terminate sewer or water services to the Subject Property should the Developer fail to comply <br />with the terms of this Commitment. In the event that enforcement of this Commitment by the <br />City becomes necessary, and the City is successful in such enforcement, the Developer shall be <br />responsible for all costs and expenses, including attorneys' fees whether or not litigation is <br />necessary and if necessary, both at trial and on appeal, incurred in enforcing or ensuring <br />compliance with the terms and conditions of this Commitment which costs, expenses and fees <br />shall also be a lien upon the Subject Property. <br />Page 3 <br />ORLDOCS 14630811 3 42471.0001 <br />