Common use of Certificate of Final Acceptance Clause in Contracts

Certificate of Final Acceptance. 33.1 After the expiry of the maintenance period provided for in Section 32.3 hereof, the Town shall, subject to the compliance by the Developer with Section 33.3 hereof, issue a Final Certificate of Completion of Services upon written application by the Developer provided, however, that the Town may withhold the issuance of the Final Certificate of Completion of Services if, in the sole opinion of the Director of Public Works, the Developer is in default of its obligations to repair, construct or maintain any of the Works pursuant to this Agreement. Upon expiration of the three year Maintenance Guarantee Period for Primary Services or the one year Maintenance Guarantee Period for Secondary Services and upon receipt of written application by the Developer, the applicable Works will be inspected by the Director of Public Works, and provided all deficiencies have been rectified to his satisfaction and the Developer is not in default of the terms of this Agreement, the subject Works shall be accepted by the Town and the Director of Public Works shall approve the Certificate of Final Acceptance prepared by the Developer’s Consulting Engineer provided the requirements of the Certificate of Final Acceptance have been met. 33.2 The Developer is required to submit a certificate from a registered Ontario Land Surveyor certifying they have found and/or replaced all standard iron bars (SIB’s) shown on the registered Plan of Subdivision as of a date not earlier than seven days prior to the Director of Public Works approving the Certificate of Final Acceptance for Secondary Services. 33.3 The application, in writing, by the Developer for the Final Certificate of Completion of Services shall include the following: a) a statutory declaration in a form satisfactory to the Director of Public Works that all accounts for the installation, construction and maintenance of all the Works required to be installed or constructed hereunder have been paid and that there are no outstanding debts, claims or liens in respect of the Works of any of them; and, b) a Certificate in a format acceptable to the Director of Public Works signed by the Developer’s Consulting Engineer certifying that all the Works including any repairs and deficiencies have been fully completed, inspected, tested and maintained in accordance with the provisions hereof and the standards and specifications of the Town and the Plans as approved by the Director of Public Works. 33.4 If upon inspection of the Works all deficiencies have not been rectified to the complete satisfaction of the Director of Public Works, the Maintenance Guarantee Period shall be extended until such time as all deficiencies have been rectified and the Certificate of Final Acceptance has been approved by the Director of Public Works. 33.5 The Director of Public Works may withhold approval of a Certificate of Final Acceptance for Primary or Secondary Services, if, in the sole opinion of the Director of Public Works, the Developer is in default of its obligations to inspect, repair, construct, or maintain any of the Works pursuant to this Agreement and the approved Plans. 33.6 The issuance by the Town of the Final Certificate of Completion of Secondary Services may be withheld until eighty-five percent (85%) of the Lots have been built upon with Buildings completed to the Building Code Act occupancy requirements and the final grading certificates for the Lots have been approved by the Director of Public Works. 33.7 Upon the issuance of the Final Certificate of Completion of Primary and Secondary Services, the Director of Public Works shall recommend to Council that the Town assume by By-law the Primary and Secondary Services within the Plan of Subdivision as required to be constructed or installed under this Agreement.

Certificate of Final Acceptance. 33.1 After the expiry of the maintenance period provided for in Section 32.3 hereof, the Town shall, subject to the compliance by the Developer with Section 33.3 hereof, issue a Final Certificate of Completion of Services upon written application by the Developer provided, however, that the Town may withhold the issuance of the Final Certificate of Completion of Services if, in the sole opinion of the Director of Public Works, the Developer is in default of its obligations to repair, construct or maintain any of the Works pursuant to this Agreement. 32.1 Upon expiration of the three minimum one (1) year Maintenance Guarantee Period for Primary Services or the one year Maintenance Guarantee Period for Secondary Services as the case may be, and upon receipt of written application by the Developer, the applicable Works will be inspected by the Director of Public WorksCity, and provided all deficiencies have been rectified to his their satisfaction and the Developer is not in default of the terms of this Agreement, the subject Works shall be accepted by the Town City and the Director of Public Works City shall approve the Certificate of Final Acceptance prepared by the Developer’s Consulting Engineer provided the requirements of for the Certificate of Final Acceptance have been met. 33.2 32.2 The Developer is required to submit a certificate from a registered Ontario Land Surveyor certifying they have found and/or replaced that all standard iron bars (SIB’s) as shown on the registered Plan of Subdivision have been found and/or replaced as of a date not earlier than seven (7) days prior to the Director of Public Works City approving the Certificate of Final Acceptance for Secondary Services. 33.3 The application, in writing, by the Developer for the Final Certificate of Completion of Services shall include the following: a) a statutory declaration in a form satisfactory to the Director of Public Works that all accounts for the installation, construction and maintenance of all the Works required to be installed or constructed hereunder have been paid and that there are no outstanding debts, claims or liens in respect of the Works of any of them; and, b) a Certificate in a format acceptable to the Director of Public Works signed by the Developer’s Consulting Engineer certifying that all the Works including any repairs and deficiencies have been fully completed, inspected, tested and maintained in accordance with the provisions hereof and the standards and specifications of the Town and the Plans as approved by the Director of Public Works. 33.4 32.3 If upon inspection of the applicable Works all deficiencies have not been rectified to the complete satisfaction of the Director of Public Works, City the Maintenance Guarantee Period shall be extended until such time as all deficiencies have been rectified and the Certificate of Final Acceptance has been approved by the Director of Public WorksCity. 33.5 32.4 The Director of Public Works City may withhold approval of a Certificate of Final Acceptance for Primary or Secondary Services, if, in the sole opinion of the Director of Public WorksCity, the Developer is in default of its obligations to inspect, repair, construct, construct or maintain any of the Works pursuant to this Agreement and the approved Plans. 33.6 The issuance by 32.5 Prior to the Town City approving the Certificate of Final Acceptance for Primary Services , the Developer shall deliver to the City satisfactory proof of installation and construction of the Final Certificate of Completion of Secondary Services may be withheld until eighty-five percent (85%) of the Lots have been built upon with Buildings completed to the Building Code Act occupancy requirements aforesaid electrical transmission and distribution systems and the final grading certificates for the Lots Street Lighting system, which shall have been approved and/or accepted by a utility supplier satisfactory to the Director of Public Works. 33.7 Upon City, and upon Council passing the issuance of the Final Certificate of Completion of Assumption By-law for Primary and Secondary Services, the Director of Public Works shall recommend to Council that City will assume the Town assume by By-law Street Lighting system into the Primary and Secondary Services within the Plan of Subdivision as required to be constructed or installed under this AgreementCity’s Street light inventory.

Certificate of Final Acceptance. 33.1 After the expiry of the maintenance period provided for in Section 32.3 hereof, the Town shall, subject to the compliance by the Developer with Section 33.3 hereof, issue a Final Certificate of Completion of Services upon written application by the Developer provided, however, that the Town may withhold the issuance of the Final Certificate of Completion of Services if, in the sole opinion of the Director of Public Works, the Developer is in default of its obligations to repair, construct or maintain any of the Works pursuant to this Agreement. Upon expiration of the three one year Maintenance Guarantee Period for Primary Services or the one year Maintenance Guarantee Period for Secondary Services as the case may be, and upon receipt of written application by the Developer, the applicable Works will be inspected by the Director of Public Works, and provided all deficiencies have been rectified to his satisfaction and the Developer is not in default of the terms of this Agreement, the subject Works shall be accepted by the Town and the Director of Public Works shall approve the Certificate of Final Acceptance prepared by the Developer’s Consulting Engineer provided the requirements of the Certificate of Final Acceptance have been met. 33.2 The Developer is required to submit a certificate from a registered Ontario Land Surveyor certifying they have found and/or replaced all standard iron bars (SIB’s) shown on the registered Plan of Subdivision as of a date not earlier than seven days prior to the Director of Public Works approving the Certificate of Final Acceptance for Secondary Services. 33.3 The application, in writing, by the Developer for the Final Certificate of Completion of Services shall include the following: a) a statutory declaration in a form satisfactory to the Director of Public Works that all accounts for the installation, construction and maintenance of all the Works required to be installed or constructed hereunder have been paid and that there are no outstanding debts, claims or liens in respect of the Works of any of them; and, b) a Certificate in a format acceptable to the Director of Public Works signed by the Developer’s Consulting Engineer certifying that all the Works including any repairs and deficiencies have been fully completed, inspected, tested and maintained in accordance with the provisions hereof and the standards and specifications of the Town and the Plans as approved by the Director of Public Works. 33.4 If upon inspection of the Works all deficiencies have not been rectified to the complete satisfaction of the Director of Public Works, the Maintenance Guarantee Period shall be extended until such time as all deficiencies have been rectified and the Certificate of Final Acceptance has been approved by the Director of Public Works. 33.5 The Director of Public Works may withhold approval of a Certificate of Final Acceptance for Primary or Secondary Services, if, in the sole opinion of the Director of Public Works, the Developer is in default of its obligations to inspect, repair, construct, or maintain any of the Works pursuant to this Agreement and the approved Plans. 33.6 The issuance by the Town of the Final Certificate of Completion of Secondary Services may be withheld until eighty-five percent (85%) of the Lots have been built upon with Buildings completed to the Building Code Act occupancy requirements and the final grading certificates for the Lots have been approved by the Director of Public Works. 33.7 Upon the issuance of the Final Certificate of Completion of Primary and Secondary Services, the Director of Public Works shall recommend to Council that the Town assume by By-law the Primary and Secondary Services within the Plan of Subdivision as required to be constructed or installed under this Agreement.

Certificate of Final Acceptance. 33.1 After the expiry of the maintenance period provided for in Section 32.3 hereof, the Town shall, subject to the compliance by the Developer with Section 33.3 hereof, issue a Final Certificate of Completion of Services upon written application by the Developer provided, however, that the Town may withhold the issuance of the Final Certificate of Completion of Services if, in the sole opinion of the Director of Public Works, the Developer is in default of its obligations to repair, construct or maintain any of the Works pursuant to this Agreement. ‌ 32.1 Upon expiration of the three minimum one (1) year Maintenance Guarantee Period for Primary Services or the one year Maintenance Guarantee Period for Secondary Services as the case may be, and upon receipt of written application by the Developer, the applicable Works will be inspected by the Director of Public WorksCity, and provided all deficiencies have been rectified to his their satisfaction and the Developer is not in default of the terms of this Agreement, the subject Works shall be accepted by the Town City and the Director of Public Works City shall approve the Certificate of Final Acceptance prepared by the Developer’s Consulting Engineer provided the requirements of for the Certificate of Final Acceptance have been met. 33.2 32.2 The Developer is required to submit a certificate from a registered Ontario Land Surveyor certifying they have found and/or replaced that all standard iron bars (SIB’s) as shown on the registered Plan of Subdivision have been found and/or replaced as of a date not earlier than seven (7) days prior to the Director of Public Works City approving the Certificate of Final Acceptance for Secondary Services. 33.3 The application, in writing, by the Developer for the Final Certificate of Completion of Services shall include the following: a) a statutory declaration in a form satisfactory to the Director of Public Works that all accounts for the installation, construction and maintenance of all the Works required to be installed or constructed hereunder have been paid and that there are no outstanding debts, claims or liens in respect of the Works of any of them; and, b) a Certificate in a format acceptable to the Director of Public Works signed by the Developer’s Consulting Engineer certifying that all the Works including any repairs and deficiencies have been fully completed, inspected, tested and maintained in accordance with the provisions hereof and the standards and specifications of the Town and the Plans as approved by the Director of Public Works. 33.4 32.3 If upon inspection of the applicable Works all deficiencies have not been rectified to the complete satisfaction of the Director of Public Works, City the Maintenance Guarantee Period shall be extended until such time as all deficiencies have been rectified and the Certificate of Final Acceptance has been approved by the Director of Public WorksCity. 33.5 32.4 The Director of Public Works City may withhold approval of a Certificate of Final Acceptance for Primary or Secondary Services, if, in the sole opinion of the Director of Public WorksCity, the Developer is in default of its obligations to inspect, repair, construct, construct or maintain any of the Works pursuant to this Agreement and the approved Plans. 33.6 The issuance by 32.5 Prior to the Town City approving the Certificate of Final Acceptance for Primary Services, the Developer shall deliver to the City satisfactory proof of installation and construction of the Final Certificate of Completion of Secondary Services may be withheld until eighty-five percent (85%) of the Lots have been built upon with Buildings completed to the Building Code Act occupancy requirements aforesaid electrical transmission and distribution systems and the final grading certificates for the Lots Street Lighting system, which shall have been approved and/or accepted by a utility supplier satisfactory to the Director of Public Works. 33.7 Upon City, and upon Council passing the issuance of the Final Certificate of Completion of Assumption By-law for Primary and Secondary Services, the Director City will assume the Street Lighting system into the City’s Street light inventory. 32.6 The City may withhold approval of Public Works shall recommend a Certificate of Final Acceptance for watermain services, if, in the sole opinion of the City, the Developer is in default of its obligations to Council that the Town assume by By-law the Primary and Secondary Services within the Plan of Subdivision as required to be constructed or installed under this Agreementlocate all watermain services before assumption.

Certificate of Final Acceptance. 33.1 After the expiry of the maintenance period provided for in Section 32.3 hereof, the Town shall, subject to the compliance by the Developer with Section 33.3 hereof, issue a Final Certificate of Completion of Services upon written application by the Developer provided, however, that the Town may withhold the issuance of the Final Certificate of Completion of Services if, in the sole opinion of the Director of Public Works, the Developer is in default of its obligations to repair, construct or maintain any of the Works pursuant to this Agreement. a) Upon expiration of the three two (2) year Maintenance Guarantee Warranty Period for Primary Services or the one year Maintenance Guarantee Period for Secondary Services as the case may be, and upon receipt of written application by the Developer, the applicable Works will be inspected by the Director of Public Works, and provided all deficiencies have been rectified to his satisfaction and the Developer is not in default of the terms of this Agreement, the subject Works shall be accepted by the Town City and the Director of Public Works shall approve the Certificate of Final Acceptance prepared by the Developer’s Consulting Engineer provided the requirements identified in Schedule “C” of the Certificate of Final Acceptance have been met. 33.2 b) The Developer is required to submit a certificate from a registered Ontario Land Surveyor certifying they have he has found and/or replaced all standard iron bars (SIB’s) shown on the registered Plan of Subdivision as of a date not earlier than seven days prior to the Director of Public Works approving the Certificate of Final Acceptance for Secondary Services. 33.3 The application, in writing, by the Developer for the Final Certificate of Completion of Services shall include the following: ac) a statutory declaration in a form satisfactory to the Director of Public Works that all accounts for the installation, construction and maintenance of all the Works required to be installed or constructed hereunder have been paid and that there are no outstanding debts, claims or liens in respect of the Works of any of them; and, b) a Certificate in a format acceptable to the Director of Public Works signed by the Developer’s Consulting Engineer certifying that all the Works including any repairs and deficiencies have been fully completed, inspected, tested and maintained in accordance with the provisions hereof and the standards and specifications of the Town and the Plans as approved by the Director of Public Works. 33.4 If upon inspection of the applicable Works all deficiencies have not been rectified to the complete satisfaction of the Director of Public Works, Works the Maintenance Guarantee Warranty Period shall be extended until such time as all deficiencies have been rectified and the Certificate of Final Acceptance has been approved by the Director of Public Works. 33.5 d) The Director of Public Works may withhold approval of a Certificate of Final Acceptance for Primary or Secondary Services, if, in the sole opinion of the Director of Public Works, the Developer is in default of its obligations to inspect, repair, construct, construct or maintain any of the Works pursuant to this Agreement and the approved Plans. 33.6 The issuance by the Town of the Final Certificate of Completion of Secondary Services may be withheld until eighty-five percent (85%) of the Lots have been built upon with Buildings completed to the Building Code Act occupancy requirements and the final grading certificates for the Lots have been approved by the Director of Public Works. 33.7 Upon the issuance of the Final Certificate of Completion of Primary and Secondary Services, the Director of Public Works shall recommend to Council that the Town assume by By-law the Primary and Secondary Services within the Plan of Subdivision as required to be constructed or installed under this Agreement.