Dedication, Acceptance and Maintenance of Public Improvements Sample Clauses

Dedication, Acceptance and Maintenance of Public Improvements. When the Public Improvements or a discrete portion thereof are completed (e.g., all of the paving for a particular street within any designated section or phase of the Project), then Developer shall dedicate and the City shall, if the Public Improvements have been constructed in accordance with the plans in all material respects, accept such Public Improvements in accordance with the Applicable Laws and upon such reasonable and customary conditions as the City may impose, including without limitation a one (1) year workmanship and materials contractor’s warranty. Upon acceptance by the City, the Public Improvements shall become public facilities property of the City and the City shall be solely responsible for all subsequent maintenance, replacement, or repairs and for all costs for utilities, including electricity, if any, related to such Public Improvements. In no event, except as required in the Reservoir Maintenance Agreement, if any, shall Developer be responsible for the cost for any utilities related to the operation of the Public Improvements after acceptance by the City, including the cost for electricity for lighting public streets or public parks dedicated to and accepted by the City within the Project. With respect to any claims arising prior to acceptance of the Public Improvements by the City, Developer shall bear all risk of, and shall indemnify the City and its officials, employees and City Council members, against any claim arising prior to the City’s acceptance of the Public Improvements from any injury (personal, economic or other) or property damage to any person, party or utility, arising from the condition, loss, damage to or failure of any of the Public Improvements, except to the extent caused by the gross negligence or willful acts or omissions of the City and its officials, employees and City Council members, agents or representatives.