Common use of DEDICATION AND ACCEPTANCE OF IMPROVEMENTS Clause in Contracts

DEDICATION AND ACCEPTANCE OF IMPROVEMENTS. Subject to all of the other provisions of this Agreement, Developer shall, without charge to the City, upon completion of the above described Improvements, unconditionally give, grant, convey and fully dedicate the storm sewer and roadway improvements to the City (excluding those facilities which are to be owned and maintained by the developer), its successors and assigns, forever, free and clear of all encumbrances (except those encumbrances that may be acceptable to the City) whatever, together with and including, without limitation because of enumeration, any and all land, structures, mains, conduits, pipes lines, plant, machinery, equipment, appurtenances and hereditaments which may in any way be a part of or pertain to such Improvements and together with any and all necessary easements for access thereto. The City will be receptive to the dedications of Improvements, except private storm water drainage facilities (if applicable), when all said utilities have been completed and approved by the City Engineer and other agencies as applicable. Dedication shall not constitute acceptance of any improvement by the City. The City shall not accept the dedication of any Improvements which do not fully comply with approved plans, applicable City ordinances and written municipal specifications universally applied as of the date of this Agreement. Claims of financial hardship by the Developer shall not be considered a reason for the City to accept substandard materials or work. The City shall have the right to connect to or integrate other utility facilities with the Improvements provided herein without payment, award, or consent required of the Developer, provided, however that connection to any facilities located on or under Developer’s property shall require notice to Developer and shall not negatively impact the building or any of its tenants. At such time as all improvements are completed and acceptable as called for under this Agreement, and all approvals have been received from regulatory agencies, such improvements shall be accepted by the City by separate Resolution. Acceptance shall not occur until after the items listed below have taken place OR if the City Engineer deems other items relating to the construction of the development necessary: 1. The stormwater and surface water drainage facilities required to serve such homes are connected with an operational system as required herein, and the installation of the bituminous concrete base course pavement has been properly installed, and 2. Deed Restrictions and the Stormwater Management Maintenance Agreement have been recorded and a copy of the recorded documents are delivered to the Community Development Department, and 3. Certification is provided to the Public Works & Development Director or his designee by a Registered Land Surveyor that all lot grades conform to the Master Grading Plan or the Interim Master Grading Plan and the as-built grading plan has been submitted to the Public Works & Development Director and he/she has verified all grades meet City standards.

DEDICATION AND ACCEPTANCE OF IMPROVEMENTS. Subject to all of the other provisions of this Agreement, the Developer shall, without charge to the City, upon completion of the above described Improvements, unconditionally give, grant, convey and fully dedicate the roadway, water main, storm sewer and roadway improvements to the City sanitary sewer facilities (excluding those facilities which are to be owned and maintained by the developer)condominium association) to the City, its successors and assigns, forever, free and clear of all encumbrances (except those encumbrances that may be acceptable to the City) whatever, together with and including, without limitation because of enumeration, any and all land, structures, mains, conduits, pipes lines, plant, machinery, equipment, appurtenances and hereditaments which may in any way be a part of or pertain to such Improvements and together with any and all necessary easements for access thereto. The City will be receptive to the dedications of Improvements, except private storm water drainage facilities (if applicable)facilities, after the storm sewer, water main and sanitary sewer has been installed, when all said utilities have been completed and approved by the City Engineer Public Works & Development Director or his designee and other agencies as applicable. Dedication shall not constitute acceptance of any improvement by the City. The City shall not accept the dedication of any Improvements which do not fully comply with approved plans, applicable City ordinances and written municipal specifications universally applied as of the date of this Agreement. Claims of financial hardship by the Developer shall not be considered a reason for the City to accept substandard materials or work. The City shall have the right to connect to or integrate other utility facilities with the Improvements provided herein without payment, award, or consent required of the Developer, provided, however that connection to any facilities located on or under Developer’s property shall require notice to Developer and shall not negatively impact the building or any of its tenantsDeveloper. At such time as all improvements are completed and acceptable as called for under this Agreement, and all approvals have been received from regulatory agencies, such improvements shall be accepted by the City by separate Resolution. Acceptance shall not occur until after the items listed below have taken place OR if the City Engineer Public Works & Development Director or his designee deems other items relating to the construction of the development necessary: 1. The stormwater sanitary sewer, water, storm sewer and surface water drainage facilities required to serve such condominiums/homes are connected with an operational system as required herein, and the installation of the bituminous concrete base course pavement has been properly installed, and 2. Deed Restrictions and the Stormwater Management Maintenance Agreement have been recorded and a copy of the recorded documents are delivered to the Community Public Works & Development DepartmentDistrict, and 3. Video tape of sanitary sewer system has been completed by the Utilities Department, and the results found acceptable by the Utility Superintendent, and 4. Certification is provided to the Public Works & Development Director or his designee by a Registered Professional Land Surveyor that all lot grades conform to the Master Grading Plan or the Interim Master Grading Plan and the as-built grading plan has been submitted to the Public Works & Development Director or his designee and he/she has verified all grades meet City standards.

DEDICATION AND ACCEPTANCE OF IMPROVEMENTS. Subject to all of the other provisions of this Agreement, Developer shall, without charge to the City, upon completion of the above described Improvements, unconditionally give, grant, convey and fully dedicate the water main, sanitary sewer and storm sewer and roadway improvements to the City facilities (excluding those facilities which are to be owned and maintained by the developer)Stair Crest) to the City, its successors and assigns, forever, free and clear of all encumbrances (except those encumbrances that may be acceptable to the City) whatever, together with and including, without limitation because of enumeration, any and all land, structures, mains, conduits, pipes lines, plant, machinery, equipment, appurtenances and hereditaments which may in any way be a part of or pertain to such Improvements and together with any and all necessary easements for access thereto. The City will be receptive to the dedications of Improvements, except private storm water drainage facilities (if applicable)facilities, after the storm sewer, sanitary sewer and water main has been installed, when all said utilities have been completed and approved by the City Engineer Public Works & Development Director and other agencies as applicable. Dedication shall not constitute acceptance of any improvement by the City. The City shall not accept the dedication of any Improvements which do not fully comply with approved plans, applicable City ordinances and written municipal specifications universally applied as of the date of this Agreement. Claims of financial hardship by the Developer shall not be considered a reason for the City to accept substandard materials or work. The City shall have the right to connect to or integrate other utility facilities with the Improvements provided herein without payment, award, or consent required of the Developer, provided, however that connection to any facilities located on or under Developer’s property shall require notice to Developer and shall not negatively impact the building or any of its tenantsDeveloper. At such time as all improvements are completed and acceptable as called for under this Agreement, and all approvals have been received from regulatory agencies, such improvements shall be accepted by the City by separate Resolution. Acceptance shall not occur until after the items listed below have taken place OR if the City Engineer Public Works & Development Director deems other items relating to the construction of the development necessary: 1. The stormwater water, sanitary sewer and surface water drainage facilities required to serve such homes the building are connected with an operational system as required herein, and the installation of the bituminous concrete base course pavement has been properly installed, and 2. Deed Restrictions and the Stormwater Management Maintenance Agreement have been recorded and a copy of the recorded documents are delivered to the Community Development Department, and 3. Certification is provided to the Public Works & Development Director or his designee by a Registered Land Surveyor that all lot grades conform to the Master Grading Plan or the Interim Master Grading Plan and the as-built grading plan has been submitted to the Director of Public Works & Development Director and he/she has verified all grades meet City standards.

DEDICATION AND ACCEPTANCE OF IMPROVEMENTS. Subject to all of the other provisions of this Agreementagreement, Developer Subdivider shall, without charge to the City, upon completion of the above described Improvementsimprovements, unconditionally give, grant, convey and fully dedicate the streets, sanitary sewers, watermains, storm sewer and roadway improvements to the City water drainage facilities (excluding those facilities which are to be owned and maintained by Home Owners Association) to the developer)City, its successors and assigns, forever, free and clear of all encumbrances (except those encumbrances that may be acceptable to the City) whatever, whatever together with and including, without limitation because of enumeration, any and all land, buildings, structures, mains, conduits, pipes lines, plant, machinery, equipment, appurtenances and hereditaments which may in any way be a part of or pertain to such Improvements improvements and together with any and all necessary easements for access thereto. The City will be receptive to the dedications of Improvementsimprovements, except private storm water drainage facilities (if applicable)facilities, after the first lift of bituminous concrete pavement has been installed, when all said utilities have been completed and approved by the City Engineer Engineers and other agencies as applicable. Dedication shall not constitute acceptance of any improvement by the City. The City shall not accept the dedication of any Improvements improvements which do not fully comply with approved plans, applicable City ordinances standards and written municipal specifications universally applied as of the date of this Agreementspecifications. Claims of financial hardship by the Developer Subdivider shall not be considered a reason for the City to accept substandard materials or work. The City shall have the right to connect to or integrate other utility facilities with the Improvements provided herein without payment, award, or consent required of the Developer, provided, however that connection to any facilities located on or under Developer’s property shall require notice to Developer and shall not negatively impact the building or any of its tenants. At such time as all improvements are completed and acceptable as called for under this Agreement, and all approvals have been received from regulatory agencies, such improvements shall be accepted by the City by separate Resolution. The Resolution of Acceptance shall not occur until after be recorded with the items listed below Waukesha County Register of Deeds. The City shall have taken place OR if the City Engineer deems right to connect to or integrate other items relating to utility facilities with the construction improvements provided herein without payment, award, or consent required of the development necessary: 1. The stormwater and surface water drainage facilities required to serve such homes are connected with an operational system as required herein, and the installation of the bituminous concrete base course pavement has been properly installed, and 2. Deed Restrictions and the Stormwater Management Maintenance Agreement have been recorded and a copy of the recorded documents are delivered to the Community Development Department, and 3. Certification is provided to the Public Works & Development Director or his designee by a Registered Land Surveyor that all lot grades conform to the Master Grading Plan or the Interim Master Grading Plan and the as-built grading plan has been submitted to the Public Works & Development Director and he/she has verified all grades meet City standardsSubdivider.

DEDICATION AND ACCEPTANCE OF IMPROVEMENTS. Subject to all of the other provisions of this Agreement, Developer shall, without charge to the City, upon completion of the above described Improvements, unconditionally give, grant, convey and fully dedicate the storm sanitary sewer and roadway improvements to the City water main, (excluding those facilities which are to be owned and maintained by the developer)) to the City, its successors and assigns, forever, free and clear of all encumbrances (except those encumbrances that may be acceptable to the City) whatever, together with and including, without limitation because of enumeration, any and all land, structures, mains, conduits, pipes lines, plant, machinery, equipment, appurtenances and hereditaments which may in any way be a part of or pertain to such Improvements and together with any and all necessary easements for access thereto. The City will be receptive to the dedications of Improvements, except private storm water drainage facilities (if applicable)facilities, when all said utilities have been completed and approved by the City Engineer Public Works & Development Director and other agencies as applicable. Dedication shall not constitute acceptance of any improvement by the City. The City shall not accept the dedication of any Improvements which do not fully comply with approved plans, applicable City ordinances and written municipal specifications universally applied as of the date of this Agreement. Claims of financial hardship by the Developer shall not be considered a reason for the City to accept substandard materials or work. The City shall have the right to connect to or integrate other utility facilities with the Improvements provided herein without payment, award, or consent required of the Developer, provided, however that connection to any facilities located on or under Developer’s property shall require notice to Developer and shall not negatively impact the maintenance of the facilities, the building or any of its tenants. At such time as all improvements are completed and acceptable as called for under this Agreement, and all approvals have been received from regulatory agencies, such improvements shall be accepted by the City by separate Resolution. Acceptance shall not occur until after the items listed below have taken place OR if the City Engineer Public Works & Development Director deems other items relating to the construction of the development necessary: 1. The stormwater sanitary sewer and surface water drainage facilities required to serve such homes are the building is connected with an operational system as required herein, and the installation of the bituminous concrete base course pavement has been properly installed, and 2. Deed Restrictions Video tape of sanitary sewer system has been completed by the Utilities Department, and the Stormwater Management Maintenance Agreement have been recorded and a copy of results found acceptable by the recorded documents are delivered to the Community Development Department, and 3. Certification is provided to the Public Works & Development Director or his designee by a Registered Land Surveyor that all lot grades conform to the Master Grading Plan or the Interim Master Grading Plan and the as-built grading plan has been submitted to the Public Works & Development Director and he/she has verified all grades meet City standardsUtility Superintendent.

DEDICATION AND ACCEPTANCE OF IMPROVEMENTS. A. The Town Board shall not accept the Improvements constructed or installed in Phase II of the Development until all Improvements associated with that phase have been completed and the reproducible set of “as-built” plans as described in Section IV and lien waivers from the engineer, general contractor and all subcontractors have been filed with the Town Engineer and the Town Engineer has recommended acceptance. It is the Developer’s responsibility to provide lien waivers for all parties involved in planning or constructing the Improvements. B. Subject to all of the other provisions of this Agreement, Developer shall, without charge to the CityTown, upon completion of the above described Phase II Improvements, unconditionally give, grant, convey and fully dedicate the storm sewer and roadway improvements to the City Town and its successors and assigns the streets, storm water drainage facilities (excluding those facilities which are to be owned and maintained by the developera home owners association), its successors parklands, conservancy areas, recreational trails, and assignsany other land or Improvements [other than Public Sewer Facilities as defined in Section II.E.(1)] to be dedicated pursuant to the Plat, this Agreement or the Town Code, forever, free and clear of all encumbrances (except those encumbrances that may be acceptable to the CityTown) whatever, whatever together with and including, without limitation because of enumeration, any and all land, structures, mains, conduits, pipes lines, plant, machinery, equipment, appurtenances and hereditaments which may in any way be a part of or pertain to such Improvements improvements and together with any and all necessary easements for access thereto. . C. The City Town will be receptive to consider the dedications dedication of Improvements, except private storm water drainage facilities (if applicable)facilities, after the first lift of bituminous concrete pavement has been installed, when all said utilities Improvements associated Phase II have been completed and approved by the City Town Engineer and other agencies as applicable. . D. Dedication shall not constitute acceptance of any improvement Improvement by the CityTown. The City Town shall not accept the dedication of any Improvements which do not fully comply with approved plans, applicable City ordinances Town standards and written municipal specifications universally applied as of the date of this Agreementspecifications. Claims of financial hardship by the Developer shall not be considered a reason for the City Town to accept substandard materials or work. At such time as all Improvements are completed and acceptable as called for under this Agreement, and all approvals have been received from regulatory agencies, and upon written request by Developer, such Improvements shall be accepted by the Town by separate Resolution. The City Resolution of Acceptance may be recorded with the Dane County Register of Deeds. The Town shall have the right to connect to or integrate other utility facilities with the Improvements provided herein without payment, award, or consent required of the Developer, provided, however that connection to any facilities located on or under Developer’s property shall require notice to Developer and shall not negatively impact the building or any of its tenants. At such time as all improvements are completed and acceptable as called for under this Agreement, and all approvals have been received from regulatory agencies, such improvements shall be accepted by the City by separate Resolution. Acceptance shall not occur until after the items listed below have taken place OR if the City Engineer deems other items relating to the construction of the development necessary: 1. The stormwater and surface water drainage facilities required to serve such homes are connected with an operational system as required herein, and the installation of the bituminous concrete base course pavement has been properly installed, and 2. Deed Restrictions and the Stormwater Management Maintenance Agreement have been recorded and a copy of the recorded documents are delivered to the Community Development Department, and 3. Certification is provided to the Public Works & Development Director or his designee by a Registered Land Surveyor that all lot grades conform to the Master Grading Plan or the Interim Master Grading Plan and the as-built grading plan has been submitted to the Public Works & Development Director and he/she has verified all grades meet City standards.

DEDICATION AND ACCEPTANCE OF IMPROVEMENTS. Subject to all of the other provisions of this Agreement, Developer shall, without charge to the City, upon completion of the above described Improvements, unconditionally give, grant, convey and fully dedicate the sanitary sewer, storm sewer sewer, water main and roadway improvements to the City improvements, (excluding those facilities which are to be owned and maintained by the developer)) to the City, its successors and assigns, forever, free and clear of all encumbrances (except those encumbrances that may be acceptable to the City) whatever, together with and including, without limitation because of enumeration, any and all land, structures, mains, conduits, pipes lines, plant, machinery, equipment, appurtenances and hereditaments which may in any way be a part of or pertain to such Improvements and together with any and all necessary easements for access thereto. The City will be receptive to the dedications of Improvements, except private storm water drainage facilities (if applicable)facilities, when all said utilities have been completed and approved by the City Engineer and other agencies as applicable. Dedication shall not constitute acceptance of any improvement by the City. The City shall not accept the dedication of any Improvements which do not fully comply with approved plans, applicable City ordinances and written municipal specifications universally applied as of the date of this Agreement. Claims of financial hardship by the Developer shall not be considered a reason for the City to accept substandard materials or work. The City shall have the right to connect to or integrate other utility facilities with the Improvements provided herein without payment, award, or consent required of the Developer, provided, however that connection to any facilities located on or under Developer’s property shall require notice to Developer and shall not negatively impact the building or any of its tenants. At such time as all improvements are completed and acceptable as called for under this Agreement, and all approvals have been received from regulatory agencies, such improvements shall be accepted by the City by separate Resolution. Acceptance shall not occur until after the items listed below have taken place OR if the City Engineer deems other items relating to the construction of the development necessary: 1. The stormwater sanitary sewer, water, and surface water drainage facilities required to serve such homes are connected with an operational system as required herein, and the installation of the bituminous concrete base course pavement has been properly installed, and 2. Deed Restrictions and the Stormwater Management Maintenance Agreement have been recorded and a copy of the recorded documents are delivered to the Community Development Department, and 3. Video tape of sanitary sewer system has been completed by the Utilities Department, and the results found acceptable by the Utility Superintendent, and 4. Certification is provided to the Public Works & Development Director or his designee by a Registered Land Surveyor that all lot grades conform to the Master Grading Plan or the Interim Master Grading Plan and the as-built grading plan has been submitted to the Public Works & Development Director and he/she has verified all grades meet City standards.

DEDICATION AND ACCEPTANCE OF IMPROVEMENTS. Subject to all of the other provisions of this Agreement, Developer shall, without charge to the City, upon completion of the above described Improvements, unconditionally give, grant, convey and fully dedicate the storm sanitary sewer and roadway improvements facilities to the City (excluding those facilities which are to be owned and maintained by the developer)City, its successors and assigns, forever, free and clear of all encumbrances (except those encumbrances that may be acceptable to the City) whatever, together with and including, without limitation because of enumeration, any and all land, structures, mains, conduits, pipes lines, plant, machinery, equipment, appurtenances and hereditaments which may in any way be a part of or pertain to such Improvements and together with any and all necessary easements for access thereto. The City will be receptive to the dedications of Improvements, except private storm water drainage facilities (if applicable)after the sanitary sewer has been installed, when all said utilities have been completed and approved by the City Engineer and other agencies as applicable. Dedication shall not constitute acceptance of any improvement by the City. The City shall not accept the dedication of any Improvements which do not fully comply with approved plans, applicable City ordinances and written municipal specifications universally applied as of the date of this Agreement. Claims of financial hardship by the Developer shall not be considered a reason for the City to accept substandard materials or work. The City shall have the right to connect to or integrate other utility facilities with the Improvements provided herein without payment, award, or consent required of the Developer, provided, however that connection to any facilities located on or under Developer’s property shall require notice to Developer and shall not negatively impact the building or any of its tenantsDeveloper. At such time as all improvements are completed and acceptable as called for under this Agreement, and all approvals have been received from regulatory agencies, such improvements shall be accepted by the City by separate Resolution. Acceptance shall not occur until after the items listed below have taken place OR if the City Engineer deems other items relating to the construction of the development necessary: 1. The stormwater sanitary sewer and surface water drainage facilities required to serve such homes are connected with an operational system as required herein, and the installation of the bituminous concrete base course pavement has been properly installed, and 2. Deed Restrictions Video tape of sanitary sewer system has been completed by the Utilities Department, and the Stormwater Management Maintenance Agreement have been recorded and a copy of results found acceptable by the recorded documents are delivered to the Community Development Department, and 3. Certification is provided to the Public Works & Development Director or his designee by a Registered Land Surveyor that all lot grades conform to the Master Grading Plan or the Interim Master Grading Plan and the as-built grading plan has been submitted to the Public Works & Development Director and he/she has verified all grades meet City standardsUtility Superintendent.

DEDICATION AND ACCEPTANCE OF IMPROVEMENTS. Subject to all of the other provisions of this Agreement, Developer shall, without charge to the City, upon completion of the above described Improvements, unconditionally give, grant, convey and fully dedicate the water main and storm sewer and roadway improvements to the City facilities (excluding those facilities which are to be owned and maintained by the developer)Xxxx Xxxx Apartments) to the City, its successors and assigns, forever, free and clear of all encumbrances (except those encumbrances that may be acceptable to the City) whatever, together with and including, without limitation because of enumeration, any and all land, structures, mains, conduits, pipes lines, plant, machinery, equipment, appurtenances and hereditaments which may in any way be a part of or pertain to such Improvements and together with any and all necessary easements for access thereto. The City will be receptive to the dedications of Improvements, except private storm water drainage facilities (if applicable)facilities, after the storm sewer and water main has been installed, when all said utilities have been completed and approved by the City Engineer and other agencies as applicable. Dedication shall not constitute acceptance of any improvement by the City. The City shall not accept the dedication of any Improvements which do not fully comply with approved plans, applicable City ordinances and written municipal specifications universally applied as of the date of this Agreement. Claims of financial hardship by the Developer shall not be considered a reason for the City to accept substandard materials or work. The City shall have the right to connect to or integrate other utility facilities with the Improvements provided herein without payment, award, or consent required of the Developer, provided, however that connection to any facilities located on or under Developer’s property shall require notice to Developer and shall not negatively impact the building or any of its tenantsDeveloper. At such time as all improvements are completed and acceptable as called for under this Agreement, and all approvals have been received from regulatory agencies, such improvements shall be accepted by the City by separate Resolution. Acceptance shall not occur until after the items listed below have taken place OR if the City Engineer deems other items relating to the construction of the development subdivision necessary: 1. The stormwater water and surface water drainage facilities required to serve such homes the building are connected with an operational system as required herein, and the installation of the bituminous concrete base course pavement has been properly installed, and 2. Deed Restrictions and the Stormwater Management Maintenance Agreement have been recorded and a copy of the recorded documents are delivered to the Community Development Department, and 3. Certification is provided to the Public Works & Development Director or his designee by a Registered Land Surveyor that all lot grades conform to the Master Grading Plan or the Interim Master Grading Plan and the as-built grading plan has been submitted to the Director of Public Works & Development Director and he/she has verified all grades meet City standards.