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at least two (2) business days in advance to arrange for the attendance of a City inspector at key <br />milestones throughout work within the R.O.W. Key milestones shall include but not limited to: <br />hot mix asphalt placement,placement of any drainage apparatus, concrete placement, light <br />installation,and tree installation.The Owner agrees to perform any necessary adjustments as <br />reasonably required by the City, in the sole discretion of the City Engineer or her designee,as a <br />result of such inspections.The failure of Owner to comply with this Section 1 shall be a material <br />breach of this Agreement. <br />3.Permits <br />It shall be Owner’s sole responsibility and expense to obtain allpermits associated with the <br />construction and installation of the Dedicated Improvements in the R.O.W.and to comply with all <br />applicable laws.Owner’s failure to comply with this Section 2 shall bea material breach of this <br />Agreement. <br />4.Performance Bond <br />Concurrently upon the execution of this Agreement or within seven (7) days thereof, Owner <br />shallprovide the City with a performance bond for an amount equal to one hundred twenty–five <br />percent (125%) of the construction cost covering all work performed or to be performed pursuant <br />to this Agreement. Owner’s failure to provide the performance bond as prescribed herein shall <br />cause this Agreement to be immediately terminated and of no effect, without the requirement of <br />notice. <br />5.Maintenance Bond <br />Within ten (10) days of City’s acceptance of the Dedicated Improvements,Owner shall <br />provide the City with a maintenance bond equal to ten percent (10%) of theconstruction cost <br /> <br />