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5. Ownership of the Improvements. Portions of the Improvements are for the <br />benefit of the City, specifically the sanitary sewer main and the water main to be <br />constructed within the roadway providing access to the water tank. The City shall accept <br />these specific portions of the Improvements which are for the benefit of the City when <br />the work on these specific portions of the Improvements are complete or, in the City <br />Engineer's reasonable judgment, substantially complete. The City shall own these <br />specific portions of the Improvements that benefit the City after the City accepts these <br />specific portions of the Improvements, and shall be responsible thereafter for any <br />maintenance of such specific portions of the Improvements, and may call upon the <br />maintenance bond for one (1) year following acceptance of these specific portions of the <br />Improvements. <br />An exception to the City's ownership of the Improvements are any remaining <br />street and storm drain facilities, either identified on the Improvement plans as private <br />facilities, or which are not the specific portions of the Improvements which are for the <br />benefit of the City, described above, and which the City accepts; which private facilities <br />shall be subject to the terms of the Purchase and Sale Agreement and any maintenance <br />agreement entered into as provided by the Purchase and Sale Agreement. <br />6. Inspection. City shall inspect all of the Improvements through an <br />inspector employed by City at the cost and expense of the City, except for Improvements <br />which require a specialty inspector not on staffwith the City, including, but not limited <br />to, geotechnical engineer for Versa-Lok masonry walls and trench backfill, roadway <br />testing and PG&E and AT&T staff for public utility inspections, which specialty <br />inspection shall be coordinated by Threehand, and which specialty inspection costs shall <br />be reimbursed by the City. <br />7. Securit As described in the Subdivision Agreement, Threehand or the <br />General Contractor shall provide, or cause to be provided, to the City improvement <br />security as defined in Section 66499 of the Government Code of the State of California. <br />Said improvement security as approved by the City Attorney shall consist of a mutually <br />acceptable letter of credit, or bonds by duly authorized corporate sureties as follows: <br />A. Faithful Performance. One bond shall be in the amount of 100% of the <br />total estimated cost of the Improvements, conditioned upon faithful performance <br />of this Agreement. <br />B. Labor and Materials. One bond in the amount of 100% of the total <br />estimated cost of the Improvements shall secure payment for labor and materials. <br />C. Maintenance. One bond in the amount often percent (10%) of the <br />estimated value of the Improvements dedicated to, and accepted by, the City for <br />providing maintenance for a period of one year following acceptance by the City <br />of the Improvements. <br />Page 4 of 7 <br />