A. Time Required: The subdivider shall warrant and guarantee, for a minimum period of two (2) years from the date of "conditional acceptance", that all of the improvements are free from defects due to faulty materials or workmanship, and the subdivider shall, at no cost to the city, promptly make such corrections as may be necessary by reason of such defects, including the repairs of any damage to other improvements resulting from such defects. The city will give notice of observed defects with reasonable promptness. In the event that the subdivider should fail to make such repairs, adjustments or other work that may be made necessary by such defects, the city may do so and charge the subdivider the cost thereby incurred. The improvements guarantee shall remain in full force and effect through the guarantee period and until the subdivider receives a written final acceptance from the governing body.
B. City Engineer To Determine Necessity For Repairs And Maintenance: The subdivider shall agree and understand that the determination of the necessity for repairs and maintenance of the work rests with the city engineer. His decision upon the matter shall be final and binding upon the subdivider, and the guarantee hereby stipulated shall extend and include, but shall not be limited to, the entire street base, all pipes, joints, valves, backfill and compacting, as well as the working surface, curbs, gutters, sidewalks and other accessories that are, or may be, affected by the construction operations, and whenever, in the judgment of the city engineer, said work shall be in need of repair, maintenance or rebuilding, he shall cause a written notice to be served the subdivider and thereupon the subdivider shall undertake and complete such repair, maintenance or rebuilding, and upon the subdivider's failure to do so or make arrangements therefor within ten (10) days from the date of the service of such notice, the city engineer shall, upon approval of the governing body, have such repairs made, and the cost of such repairs shall be paid by the subdivider, together with twenty five percent (25%) in addition thereto as and for stipulated damages for such failure on the part of the subdivider to make such repairs. (Ord., 2-29-1996)