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<br />STANDARD PUBLIC IMPROVEMENT AGREEMENT Page 10 of 13 <br />Draft 1- 1/29/2014; SL 4/23/2014 <br /> 17. Title to Improvements. Title to, and ownership of, all improvements constructed <br />hereunder by Owner shall vest absolutely in City, upon completion and acceptance of such improvements by <br />City unless otherwise provided. <br /> 18. Repair or Reconstruction of Defective Work. Except as otherwise expressly provided in <br />this Agreement, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse <br />or neglect, Owner guarantees all work executed by Owner and/or Owner's agents, and all supplies, materials <br />and devices of whatsoever nature incorporated in, or attached to the work, or otherwise delivered to City as a <br />part of the work pursuant to the Agreement, to be free of all defects of workmanship and materials for a <br />period of one year after initial acceptance of the entire work by City. Owner shall repair or replace any or all <br />such work or material, together with all or any other work or materials which may be displaced or damaged <br />in so doing, that may prove defective in workmanship or material within said one year guarantee period <br />without expense or charge of any nature whatsoever to City. Owner further covenants and agrees that when <br />defects in design, workmanship and materials actually appear during the guarantee period, and have been <br />corrected, the guarantee period shall automatically be extended for an additional year to insure that such <br />defects have actually been corrected. <br /> In the event the Owner shall fail to comply with the conditions of the foregoing guarantee within <br />thirty (30) days time, after being notified of the defect in writing, City shall have the right, but shall not be <br />obligated, to repair or obtain the repair of the defect, and Owner shall pay to City on demand all costs and <br />expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in <br />workmanship or material covered by the foregoing guarantee results in a condition which constitutes an <br />immediate hazard to the public health, safety, or welfare, City shall have the right to immediately repair, or <br />cause to be repaired, such defect, and Owner shall pay to City on demand all costs and expense of such <br />repair. The foregoing statement relating to hazards to health and safety shall be deemed to include either <br />temporary or permanent repairs which may be required as determined in the sole discretion and judgment of <br />City.