DEV0521

MAIN AGREEMENT Page 12 September 26, 1986

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Any payments to the Developer outlined above can be reduced at any time by the-City by two times the market value of any deficiencies existing at the time of the payment. The value of such deficiencies to be certified in writing by the Landscape Architect retained by the Developer to administer the construction contract and inspect the works and such sum approved by the City. The City further covenants and agrees to pay to the Developer the sums withheld for deficiencies as outlined above upon certification of acceptance by the City and by the Landscape Architectural Consultant.

Any payment otherwise due under Sections 3.1.5.1 ana 3.1.5.2 shall be deferred until such time as the improvements provided for in Section 3.1.1 are Substantially Complete, the one (1) year Maintenance Period has expired and any outstanding deficiencies conveyed in writing to the Developer by the City or the Landscape Architectural Consultant have been completed to the satisfaction of the City.

The Developer further covenants and agrees to do all things necessary to transfer title to Skyline Park and Future Park to the City free and clear of all charges and encumbrances.

ARTICLE 4 - BOULEVARD LANDSCAPING

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fhe Developer covenants and agrees to complete the landscaping of all boulevards, the locations as reasonably implied by the specifications and baulevard drawings annexed hereto as SCHEDULE MA~J.

The Developer agrees that the locations of the boulevard landscaping may be varied by the City to accomodate any utilities.

The Owner covenants and agrees to maintain the trees and other landscaping installed on the lands under this article.