Common use of Acceptance of the Public Improvements Clause in Contracts

Acceptance of the Public Improvements. The City has no obligation to accept the Public Improvements until: (a) the Public Improvements are satisfactorily completed in accordance with the Construction Documents, as evidenced by the Engineer’s Completion Certificate and properly dedicated as public rights-of-way and easements to the City; (b) the City receives the Completion Certificate, the Engineer’s Completion Certificate, copies of the approval letters issued by relevant public authorities as referenced in Section 4.3 herein, and all documents and instruments to be delivered to the City pursuant to the Construction Documents; (c) the City has received evidence reasonably satisfactory to it that all liens on the Public Improvements, including, but not limited to, tax liens then due and payable, the lien of any mortgage, and any mechanic’s liensAttested Account Claims, have been released, or, with respect to mechanic’s liensAttested Account Claims, security therefor has been provided pursuant to Section 5.8; (d) the Developer has provided the City “as constructed record drawings” consisting of reproducible record drawings showing significant changes in the Public Improvements made during construction and containing such annotations as may be necessary for someone unfamiliar with the Public Improvements to understand the changes that were made to the original Construction Documents; and (e) the above conditions do not alleviate the Developer from City inspections of the Public Improvements during construction. For each phase of Public Improvements, a schedule shall be provided and inspection of the work shall be coordinated with the City at least seventy-two (72) hours in advance for key installations such as, but not limited to, sanitary, storm sewer and granite curb. Key installations shall be established within two (2) weeks of from the date of submittal of the schedule. The City agrees to accept the Public Improvements and the rights-of-way allocable thereto upon satisfaction of the conditions listed in (a) though (d) of the preceding sentence. The City acceptance of the Public Improvements does not relieve the Developer of its responsibility for defects in material or workmanship as set forth in Section 5.10.

Acceptance of the Public Improvements. The City As to the Public Improvements located within Richfield Township limits that are governed by the Construction Agreement, the same will be accepted in accordance with the terms and conditions of the Construction Agreement. As to the Public Improvements located in the Village, the Village has no obligation to accept the Public Improvements located in the Village until: (a) the The Public Improvements located in the Village are satisfactorily completed in accordance with the Construction Documentsplans and specifications, as evidenced by the Village Engineer’s Completion Certificate Certificate, a letter of conditional acceptance is issued by the Village’s Engineer, and are properly dedicated as public rights-of-way and easements to the CityVillage; (b) the City The Village receives the Completion Certificate, the Engineer’s Completion Certificate, copies of the approval letters issued by relevant public authorities Village officials as referenced in Section 4.3 herein, and all documents and instruments to be delivered to the City Village pursuant to the Construction Documents;plans and specifications. (c) the City The Village has received evidence reasonably satisfactory to it that all liens on the Public ImprovementsImprovements located in the Village, including, but not limited to, tax liens then due and payable, the lien of any mortgage, and any mechanic’s liensAttested Account Claimslien, have been released, or, with respect to mechanic’s liensAttested Account Claimsliens, security therefor has been provided pursuant to Section 5.8provided; (d) the The Developer has provided the City Village “as constructed as-built record drawings” consisting of reproducible record drawings showing significant changes in the Public Improvements located in the Village made during construction and containing such annotations as may be necessary for someone unfamiliar with the Public Improvements located in the Village to understand the changes that were made to the original Construction Documentsplans and specifications; (e) Lien waivers from all contractors and suppliers; and (ef) The Final Plat has been submitted to Village of Richfield Council for the acceptance of dedication of any street, improvements, or land for public use and for the acceptance of any easement as required by the Village’s subdivision regulations. (g) The above conditions do not alleviate the Developer from City Village inspections of the Public Improvements located in the Village during construction. For each phase of construction as set forth herein to confirm that the Public Improvements, a schedule shall be provided Improvements located in the Village are constructed according to Village standards and inspection of the work shall be coordinated with the City at least seventy-two (72) hours in advance for key installations such as, but not limited to, sanitary, storm sewer and granite curb. Key installations shall be established within two (2) weeks of from the date of submittal of the scheduleregulations. The City Village agrees to accept the Public Improvements located in the Village and the rights-rights- of-way allocable thereto upon satisfaction of the conditions listed in (a) though through (df) of the preceding sentencein Section 3. The City Village’s acceptance of the Public Improvements located in the Village does not relieve the Developer of its responsibility for defects in material or workmanship as set forth in Section 5.10herein.

Acceptance of the Public Improvements. The City has no obligation to accept the Public Improvements until: (a) the Public Improvements are satisfactorily completed in accordance with the Construction Documents, as evidenced by the Engineer’s Completion Certificate Certificate, a letter of conditional acceptance issued by the City of Dublin Engineering and properly dedicated as public rights-of-way and easements to the City; (b) the City receives the Completion Certificate, the Engineer’s Completion Certificate, copies of the approval letters issued by relevant public authorities as referenced in Section 4.3 herein, and all documents and instruments to be delivered to the City pursuant to the Construction Documents; (c) the City has received evidence reasonably satisfactory to it that all liens on the Public Improvements, including, but not limited to, tax liens then due and payable, the lien of any mortgage, and any mechanic’s liensAttested Account Claimsliens, have been released, or, with respect to mechanic’s liensAttested Account Claimsliens, security therefor has been provided pursuant to Section 5.8;; and (d) the Developer has provided the City “as constructed record drawings” consisting of reproducible record drawings showing significant changes in the Public Improvements made during construction and containing such annotations as may be necessary for someone unfamiliar with the Public Improvements to understand the changes that were made to the original Construction Documents; and. (e) the above conditions do not alleviate the Developer from City inspections of the Public Improvements during construction. For each phase of Public Improvements, a A schedule shall be provided and inspection of the work shall be coordinated with the City at least seventy-two (72) hours in advance for key installations such as, but not limited to, sanitary, storm sewer and granite curb. Key installations shall be established within two (2) weeks of from the date of submittal of the schedule. The City agrees to accept the Public Improvements and the rights-of-way allocable thereto upon satisfaction of the conditions listed in (a) though (d) of the preceding sentence. The City acceptance of the Public Improvements does not relieve the Developer of its responsibility for defects in material or workmanship as set forth in Section 5.10.