Common use of Acceptance by City Clause in Contracts

Acceptance by City. Developer shall advise the City, in writing, when the Public Improvements and the Additional Improvements have been completed (the "Developer's Completion Notice"). Within thirty (30) days following receipt of Developer's Completion Notice, the City Engineer and the City Director of Public Service (hereinafter, "Service Director") shall inspect the Public Improvements and advise Developer, in writing, of any elements or portions of the Public Improvements which, in the opinion of the City Engineer and the Service Director, have not been completed, in accordance with the plans and specifications approved by the Planning Commission, and promptly thereafter Developer, the City Engineer and Service Director shall confer, and mutually agree, as to the work to be undertaken by Developer to cause the Public Improvements to be completed (the "Public Improvements Punchlist Items"). Within fifteen (15) days following completion of the Public Improvements Punchlist Items to the satisfaction of the City Engineer and Service Director, the City Engineer shall issue to Developer a Certificate of Completion with respect to the Public Improvements. Within three (3) months following the date on which the City Engineer issues a Certificate of Completion, the City shall cause an ordinance to be placed on Council's agenda, for acceptance of the Public Improvements. As a condition to acceptance of the Public Improvements by the City, Developer and/or the City shall execute and file of record such documentation as shall be necessary and appropriate, and mutually acceptable to Developer and the City, in order to obligate Developer or its designees, successors and assigns to maintain the Additional Improvements following acceptance of the Public Improvements by the City, and grant to the City a right of self-help, in the event Developer or its designees, successors or assignees shall fail to maintain the Additional Improvements.

Appears in 3 contracts

Samples: Developer's Agreement, Developer's Agreement, Developer's Agreement

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Acceptance by City. Developer Subdivider shall advise the City, in writing, when the Public Improvements and and, where applicable, the Additional Improvements have been completed (the "Developer's Subdivider’s Completion Notice"). Within thirty (30) days following receipt of Developer's Subdivider’s Completion Notice, the City Engineer and the City Director of Public Service (hereinafter, "Service Director") shall inspect the Public Improvements and advise DeveloperSubdivider, in writing, of any elements or portions of the Public Improvements which, in the opinion of the City Engineer and the Service Director, have not been completed, in accordance with the plans and specifications approved by the Planning Commission, and promptly thereafter DeveloperSubdivider, the City Engineer and Service Director shall confer, and mutually agree, as to the work to be undertaken by Developer Subdivider to cause the Public Improvements to be completed (the "Public Improvements Punchlist Items"). Within fifteen (15) days following completion of the Public Improvements Punchlist Items to the satisfaction of the City Engineer and Service Director, the City Engineer shall issue to Developer Subdivider a Certificate of Completion with respect to the Public Improvements. Within three (3) months following the date on which the City Engineer issues a Certificate of Completion, the City shall cause an ordinance to be placed on Council's agenda, for acceptance of the Public Improvements. As a condition to acceptance of the Public Improvements by the City, Developer Subdivider and/or the City shall execute and file of record such documentation as shall be necessary and appropriate, and mutually acceptable to Developer Subdivider and the City, in order to obligate Developer Subdivider or its designees, successors and assigns to maintain the Additional Improvements following acceptance of the Public Improvements by the City, and grant to the City a right of self-help, in the event Developer Subdivider or its designees, successors or assignees shall fail to maintain the Additional Improvements.

Appears in 2 contracts

Samples: Subdivider's Agreement, Subdivider's Agreement

Acceptance by City. Developer District shall advise the City, in writing, when the Public Improvements and the any Additional Improvements have been completed (the "DeveloperDistrict's Completion Notice"). Within thirty (30) days following receipt of DeveloperDistrict's Completion Notice, the City Engineer and the City Director of Public Service (hereinafter, "Service Director") shall inspect the Public Improvements and advise DeveloperDistrict, in writing, of any elements or portions of the Public Improvements which, in the opinion of the City Engineer and the Service Director, have not been completed, in accordance with the plans and specifications approved by the Planning Commission, and promptly thereafter DeveloperDistrict, the City Engineer and Service Director shall confer, and mutually agree, as to the work to be undertaken by Developer District to cause the Public Improvements to be completed (the "Public Improvements Punchlist Items"). Within fifteen (15) days following completion of the Public Improvements Punchlist Items to the satisfaction of the City Engineer and Service Director, the City Engineer shall issue to Developer District a Certificate of Completion with respect to the Public Improvements. Within three (3) months following the date on which the City Engineer issues a Certificate of Completion, the City shall cause an ordinance to be placed on Council's agenda, for acceptance of the Public Improvements. As a condition to acceptance of the Public Improvements by the City, Developer District and/or the City shall execute and file of record such documentation as shall be necessary and appropriate, and mutually acceptable to Developer District and the City, in order to obligate Developer District or its designees, successors and assigns to maintain the Additional Improvements (where and if applicable) following acceptance of the Public Improvements by the City, and grant to the City a right of self-help, in the event Developer District or its designees, successors or assignees shall fail to maintain the Additional Improvements.

Appears in 1 contract

Samples: Developer's Agreement

Acceptance by City. Developer shall advise the City, in writing, when each Subphase of the Public Improvements and the Additional Improvements have has been completed (the "Developer's Completion Notice"). Within thirty (30) days following receipt of Developer's Completion Notice, the City Engineer and the City Director of Public Service (hereinafter, "Service Director") shall inspect such Subphase of the Public Improvements and advise Developer, in writing, of any elements or portions of the Public Improvements thereof which, in the opinion of the City Engineer and the Service Director, have not been completed, in accordance with the plans and specifications approved by the Planning Commission, and promptly thereafter Developer, the City Engineer and Service Director shall confer, and mutually agree, as to the work to be undertaken by Developer to cause such Subphase of the Public Improvements to be completed (the a "Public Improvements Punchlist Items"). Within fifteen (15) days following completion of the a Public Improvements Punchlist Items to the satisfaction of the City Engineer and Service Director, the City Engineer shall issue to Developer a Certificate of Completion with respect to such Subphase of the Public Improvements. Within three (3) months following the date on which the City Engineer issues a Certificate of Completion, the City shall cause an ordinance to be placed on Council's agenda, for acceptance of such Subphase of the Public Improvements. As a condition to acceptance of the Public Improvements by the City, Developer and/or the City shall execute and file of record such documentation as shall be necessary and appropriate, and mutually acceptable to Developer and the City, in order to obligate Developer or its designees, successors and assigns to maintain the Additional Improvements following acceptance of the Public Improvements by the City, and grant to the City a right of self-help, in the event Developer or its designees, successors or assignees shall fail to maintain the Additional Improvements.

Appears in 1 contract

Samples: Developer's Agreement

Acceptance by City. Developer shall advise the City, in writing, when the Public Improvements and the Additional Improvements (if applicable) have been completed (the "Developer's Completion Notice"). Within thirty (30) days following receipt of Developer's Completion Notice, the City Engineer and the City Director of Public Service (hereinafter, "Service Director") shall inspect the Public Improvements and advise Developer, in writing, of any elements or portions of the Public Improvements which, in the opinion of the City Engineer and the Service Director, have not been completed, in accordance with the plans and specifications approved by the Planning Commission, and promptly . Promptly thereafter Developer, the City Engineer and Service Director shall confer, and mutually agree, as to the work to be undertaken by Developer to cause the Public Improvements to be completed (the "Public Improvements Punchlist Items"). Within fifteen (15) days following completion of the Public Improvements Punchlist Items to the satisfaction of the City Engineer and Service Director, the City Engineer shall issue to Developer a Certificate of Completion with respect to the Public Improvements. Within three (3) months following the date on which the City Engineer issues a Certificate of Completion, the City shall cause an ordinance to be placed on Council's agenda, for acceptance of the Public Improvements. As a condition to acceptance of the Public Improvements by the City, Developer and/or the City shall execute and file of record such documentation as shall be necessary and appropriate, and mutually acceptable to Developer and the City, in order to obligate Developer or its designees, successors and assigns to maintain the Additional Improvements following acceptance of the Public Improvements by the City, and grant to the City a right of self-help, in the event Developer or its designees, successors or assignees shall fail to maintain the Additional Improvements.

Appears in 1 contract

Samples: Developer's Agreement

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Acceptance by City. Developer shall advise the City, in writing, when the Public Improvements and and, where applicable, the Additional Improvements have been completed (the "Developer's Completion Notice"). Within thirty (30) days following receipt of Developer's Completion Notice, the City Engineer and the City Director of Public Service (hereinafter, "Service Director") shall inspect the Public Improvements and advise Developer, in writing, of any elements or portions of the Public Improvements which, in the opinion of the City Engineer and the Service Director, have not been completed, in accordance with the plans and specifications approved by the Planning Commission, and promptly thereafter Developer, the City Engineer and Service Director shall confer, and mutually agree, as to the work to be undertaken by Developer to cause the Public Improvements to be completed (the "Public Improvements Punchlist Items"). Within fifteen (15) days following completion of the Public Improvements Punchlist Items to the satisfaction of the City Engineer and Service Director, the City Engineer shall issue to Developer a Certificate of Completion with respect to the Public Improvements. Within three (3) months following the date on which the City Engineer issues a Certificate of Completion, the City shall cause an ordinance to be placed on Council's agenda, for acceptance of the Public Improvements. As a condition to acceptance of the Public Improvements by the City, Developer and/or the City shall execute and file of record such documentation as shall be necessary and appropriate, and mutually acceptable to Developer and the City, in order to obligate Developer or its designees, successors and assigns to maintain the Additional Improvements following acceptance of the Public Improvements by the City, and grant to the City a right of self-help, in the event Developer or its designees, successors or assignees shall fail to maintain the Additional Improvements.

Appears in 1 contract

Samples: Developer's Agreement

Acceptance by City. Developer shall advise the City, in writing, when the Public Improvements and the Additional Improvements (if applicable) have been completed (the "Developer's Completion Notice"). Within thirty (30) days following receipt of Developer's Completion Notice, the City Engineer and the City Director of Public Service (hereinafter, "Service Director") shall inspect the Public Improvements and advise Developer, in writing, of any elements or portions of the Public Improvements which, in the opinion of the City Engineer and the Service Director, have not been completed, in accordance with the plans and specifications approved by the Planning Commission, and promptly . Promptly thereafter Developer, the City Engineer and Service Director shall confer, and mutually agree, as to the work to be undertaken by Developer to cause the Public Improvements to be completed (the "Public Improvements Punchlist Items"). Within fifteen (15) days a reasonable amount of time following the completion of the Public Improvements Punchlist Items to the satisfaction of Improvements, the City Engineer and Service Director, the Director shall recommend to City Engineer shall issue to Developer a Certificate Council acceptance of Completion with respect to the Public Improvements. Within three (3) months following the date on which the City Engineer issues a Certificate of Completion, the City The Law Director shall then cause an ordinance to be placed on City Council's agenda, ’s agenda for acceptance of the Public Improvementssaid improvements. As a condition to acceptance of the Public Improvements by the City, Developer and/or the City shall execute and file of record such documentation as shall be necessary and appropriate, and mutually acceptable to Developer and the City, in order to obligate Developer or its designees, successors and assigns to maintain the Additional Improvements following acceptance of the Public Improvements by the City, and grant to the City a right of self-help, in the event Developer or its designees, successors or assignees shall fail to maintain the Additional Improvements.

Appears in 1 contract

Samples: Developer's Agreement

Acceptance by City. Developer shall advise the City, in writing, when a Phase of the Public Improvements and the Additional Improvements have has been completed (the "Developer's Completion Notice"). Within thirty (30) days following receipt of Developer's Completion Notice, the City Engineer and the City Director of Public Service (hereinafter, "Service Director") shall inspect such Phase of the Public Improvements and advise Developer, in writing, of any elements or portions of the Public Improvements thereof which, in the opinion of the City Engineer and the Service Director, have not been completed, in accordance with the plans and specifications approved by the Planning Commission, and promptly thereafter Developer, the City Engineer and Service Director shall confer, and mutually agree, as to the work to be undertaken by Developer to cause such Phase of the Public Improvements to be completed (the a "Public Improvements Punchlist Items"). Within fifteen (15) days following completion of the a Public Improvements Punchlist Items to the satisfaction of the City Engineer and Service Director, the City Engineer shall issue to Developer a Certificate of Completion with respect to such Phase of the Public Improvements. Within three (3) months following the date on which the City Engineer issues a Certificate of Completion, the City shall cause an ordinance to be placed on Council's agenda, for acceptance of such Phase of the Public Improvements. As a condition to The City shall not deny or delay acceptance of this Phase of the Public Improvements by or delay the Cityissuance of any building permit, Developer and/or occupancy certificate, or other permit or approval relating to the City shall execute and file Development on the basis that the loop of record such documentation as shall the waterline to be necessary and appropriate, and mutually acceptable to Developer and the City, in order to obligate Developer or its designees, successors and assigns to maintain the Additional Improvements following acceptance part of the Public Improvements by but installed on Lorain County PPN 04-00-016-101-128 (the City, “Villages of Avon Property”) has not been installed; and grant Developer shall not be required to install such loop unless Developer or the City secures the right to install it within a right public easement on the Villages of self-help, Avon Property in the event area depicted in Exhibit A-2 hereto. Developer or its designeesand the City shall cooperate in their efforts to secure such rights and the City shall have the right, successors or assignees shall fail but not the obligation, to maintain secure such rights by eminent domain pursuant to ORC Chapter 163. Xxxxxxxxx agrees to pay up to $20,890.00 of the Additional Improvementscost of securing such rights and installation the portion of the Public Improvements to be installed on the Villages of Avon Property.

Appears in 1 contract

Samples: Developer's Agreement

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