Common use of Acceptance of the Public Infrastructure Improvements Clause in Contracts

Acceptance of the Public Infrastructure Improvements. The City shall have no obligation to Accept the Public Infrastructure Improvements until (a) the Public Infrastructure Improvements have been 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 has received the Developer’s Completion Certificate, the Engineer’s Completion Certificate, copies of the approval letters issued by the public authorities as referenced in Section 4.3 herein (if any), and all documents and instruments to be delivered to the City pursuant to the Construction Documents and Section 4.2, and (c) the City has received evidence reasonably satisfactory to it that all liens on the Public Infrastructure Improvements, including, but not limited to, tax liens, the lien of any mortgage, and any mechanic’s liens, have been or shall be released, or, with respect to mechanic’s liens, security therefor has been provided pursuant to Section 5.8 hereof. The City agrees to Acceptance of the Public Infrastructure Improvements and the rights-of-way allocable thereto upon satisfaction of the conditions listed in (a) though (c) of the immediately preceding sentence. The Acceptance of the Public Infrastructure Improvements by the City shall not relieve the Developer of its responsibility for defects in material or workmanship as set forth in Sections 5.10 and 5.11. hereof.

Appears in 3 contracts

Samples: Infrastructure Agreement, Infrastructure Agreement, Infrastructure Agreement

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Acceptance of the Public Infrastructure Improvements. The City shall have no obligation to Accept determine the Public Infrastructure Improvements complete until (a) the Public Infrastructure Improvements have been 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 CityCity or the County, as the case may be; (b) the City has received the Developer’s Completion Certificate, the Engineer’s Completion Certificate, and reasonable evidence of the County’s acceptance of the Public Infrastructure Improvements, copies of the approval letters issued by the public authorities as referenced in Section 4.3 herein (if any)herein, and copies of all documents and instruments to be delivered to the City County pursuant to the Construction Documents and Section 4.2, Documents; and (c) the City has received evidence reasonably satisfactory to it that all liens on the Public Infrastructure Improvements, including, but not limited to, tax liens, the lien of any mortgage, and any mechanic’s liens, have been or shall be released, or, with respect to mechanic’s liens, security therefor has been provided pursuant to Section 5.8 hereof. The City agrees to Acceptance of determine that the Public Infrastructure Improvements and the rights-of-way allocable thereto have been completed upon satisfaction of the conditions listed in (a) though (c) of the immediately preceding sentence. The Acceptance determination by the City of the Public Infrastructure Improvements by the City have been completed shall not relieve the Developer of its responsibility for defects in material or workmanship as set forth in Sections 5.10 and 5.11Section 5.10. hereof.

Appears in 1 contract

Samples: Assessment and Financing Agreement

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