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the landscaping described in the Phase I Landscaping Plan within 60 days of the City's <br />substantial completion (exclusive of the final lift) of the City Phase I Roadway Improvements, <br />and must complete the installation of the landscaping described in the Phase I Landscaping Plan <br />on or before the date 180 days from the City's substantial completion (exclusive of the final lift) <br />of the City Phase I Roadway Improvements. Notwithstanding the foregoing, if the City <br />substantially completes the City Phase I Roadway Improvements between November 1 of any <br />year and May 1-of the following year, the Developer is not obligated to commence the <br />installation of the landscaping described in the Phase I Landscaping Plan until the following May <br />1 and is not obligated to complete the installation of the landscaping described in the Phase I <br />Landscaping Plan until the following September 1. Upon the Developer's completion of the <br />landscaping described in the Phase I Landscaping Plan, the Developer must submit to the City a <br />guaranty as required by the Zoning Ordinance and upon the Developer's completion of the work <br />and the City's receipt of such guaranty, the City will release the letter of credit referenced in <br />Section 7.2(c). <br />11.2 LANDSCAPING ASSOCIATED WITH CITY PHASE II ROADWAY <br />IMPROVEMENTS. Subject to Force Majeure, the Developer must commence the installation of <br />the landscaping described in the Phase II Landscaping Plan within 60 days of the City's <br />substantial completion (exclusive of the final lift) of the City Phase II Roadway Improvements <br />and must complete the installation of the landscaping described in the Phase II Landscaping Plan <br />on or before the date 180 days from the City's substantial completion (exclusive of the final lift) <br />of the City Phase II Roadway Improvements. Notwithstanding the foregoing, if the City <br />substantially completes the City Phase II Roadway Improvements between November 1 of any <br />year and May 1 of the following year, the Developer is not obligated to commence the <br />installation of the landscaping described in the Phase II Landscaping Plan until the following <br />May 1 and is not obligated to complete the installation of the landscaping described in the Phase <br />II Landscaping plan until the following September 1. Upon the Developer's completion of the <br />landscaping described in the Phase II Landscaping Plan, the Developer must submit to the City a <br />guaranty as required by the Zoning Ordinance and upon the City's receipt of such guaranty the <br />City will release the letter of credit described in Section 7.8(d). <br />ARTICLE 12 <br />RESPONSIBILITY FOR COSTS; SECURITY <br />12.1 DEVELOPER PUBLIC IMPROVEMENT COSTS. The Developer shall pay for <br />the Developer Public Improvements; that is, all costs of persons doing work or furnishing skills, <br />tools, machinery or materials, or insurance premiums or equipment or supplies and all just claims <br />for the same; and the City shall be under no obligation to pay the contractor or any subcontractor <br />any sum whatsoever on account thereof, whether or not the City shall have approved the contract <br />or subcontract. <br />12.2 PHASE IMPROVEMENT COSTS. A Secondary Development Agreement for <br />each Phase will require a Secondary Developer to pay for the Phase Public Improvements with <br />respect to such Phase; that is, all costs of persons doing work or furnishing skills, tools, <br />machinery or materials, or insurance premiums or equipment or supplies and all just claims for <br />the same; and the City shall be under no obligation to pay the contractor or any subcontractor <br />1555730vI3 <br />30 <br />