Dedicated Improvements Agreements - Matthews 350 E LaSalle LLC - Commerce Center Right-of-Way Reconstruction

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to the agreed standards set forth in Exhibit A, in particular with regard to area planning, adequacy of design, and quality of construction. The Owner shall contact the City's Engineering Department at least two (2) business days in advance to arrange for the attendance of a City inspector at key milestones throughout work within the R.O.W. Key milestones shall include but not limited to: hot mix asphalt placement, placement of any drainage apparatus, concrete placement, light installation, and tree installation. The Owner agrees to perform any necessary adjustments as reasonably required by the City, in the sole discretion of the City Engineer or her designee, as a result of such inspections. The failure of Owner to comply with this Section 1 shall be a material breach of this Agreement. 2. Permits It shall be Owner's sole responsibility and expense to obtain all permits associated with the construction and installation of the Dedicated Improvements in the R.O.W. and to comply with all applicable laws. Owner's failure to comply with this Section 2 shall be a material breach of this Agreement. 3. Performance Bond Owner agrees to provide the City with a performance bond for an amount equal to one hundred twenty—five percent (125%) of the construction cost covering all work performed pursuant to this Agreement. 4. Maintenance Bond Owner agrees to provide the City with a maintenance bond equal to ten percent (10%) of the construction cost covering all work performed pursuant to this Agreement, and such bond shall remain in effect for three (3) years after dedication as described in Section 6 below.