Common use of Final Acceptance of Public Improvements Clause in Contracts

Final Acceptance of Public Improvements. A. No earlier than sixty (60) days nor later than forty-five (45) days prior to the date of expiration of the Warranty Period, the Developer shall submit a written request for Final Acceptance of Public Improvements, and within ten (10) days of such request the City shall conduct a final inspection of the Public Improvements, or authorized Phase thereof. The Developer shall certify to the City, in connection with the request for Final Acceptance of Public Improvements that all persons and entities having provided labor and/or services in the construction of the Public Improvements have been fully paid subject to such exceptions as may be disclosed to the City and which are acceptable to the City. If the Public Improvements, subject to the inspection request fully conform to the Standards and Specifications, and all repairs, have been made to bring same into such conformance, then the City shall issue a letter of completion and/or Final Acceptance of the subject Public Improvements to the Developer. After Final Acceptance of the Public Improvements, the Developer may request, and the City shall release, the Warranty Guarantee. B. The Developer is required to request Final Acceptance of the Public Improvements no later than forty-five (45) days prior to the end of the Warranty Period. The City shall, within ten (10) days of the request, perform a final inspection of the Public Improvements and submit to the Developer a punch list of any corrective items necessary to obtain Final Acceptance. The Developer shall complete the corrective items and have the Public Improvements Finally Accepted by the City no later than ten (10) working days prior to the expiration of the Warranty Period. If the Developer fails to have Public Improvements Finally Accepted within ten (10) days prior to the date of expiration of the Warranty Period, then the City may declare the Developer in default pursuant to Section 15.00 herein and the City may draw on any applicable Warranty Guarantee, or the City may elect to extend the Warranty Period in additional sixty (60) day increments. In the case the City elects to extend the Warranty Period an additional punch list of corrective items will be issued to the Developer and those items shall be completed prior to the issuance of Final Acceptance of Public Improvements. C. Nothing herein shall be construed or deemed as requiring the City issue Final Acceptance and release from warranty any Improvements that are defective or damaged. D. Repair of any damage or deterioration of the Public Improvements that impairs the structural integrity of the Public Improvements that are a consequence of construction within the Property, as determined by the City, prior to issuance of the final certificate of occupancy for the Property, shall be the responsibility of the Developer, and any successors or assigns.

Final Acceptance of Public Improvements. A. No earlier than sixty (60) 60 days nor later than forty-five (45) 45 days prior to the date of expiration of the Warranty Periodwarranty period, the Developer shall submit a written request for Final Acceptance of Public Improvements, and within ten (10) 10 days of such request the City shall conduct a final inspection of the Public Improvements, or authorized Phase thereof. The Developer shall certify to the City, in connection with the request for Final Acceptance of Public Improvements Improvements, that all persons and entities having provided labor and/or services in the construction of the Public Improvements have been fully paid subject to such exceptions as may be disclosed to the City and which are acceptable to the City. If the Public Improvements, subject to the inspection request fully conform to the Standards and Specifications, and and/or all repairsrepairs (if any are needed), have been made to bring same into such conformance, then the City shall issue a letter of completion and/or Final Acceptance of the subject Public Improvements to the Developer. After Final Acceptance of the Public Improvements, the Developer may request, and the City shall release, the Warranty Guaranteewarranty guarantee. B. The Developer is required to request Final Acceptance of the Public Improvements no later than forty-five (45) 45 days prior to the end of the Warranty Periodwarranty period. The City shall, within ten (10) 10 days of the request, perform a final inspection of the Public Improvements and submit to the Developer a punch list of any corrective items necessary to obtain Final Acceptance. The Developer shall complete the corrective items and have the Public Improvements Finally Accepted by the City no later than ten (10) 10 working days prior to the expiration of the Warranty Periodwarranty period. If the Developer fails to have Public Improvements Finally Accepted within ten (10) 10 days prior to the date of expiration of the Warranty Periodwarranty period, then the City may declare the Developer in default pursuant to Section 15.00 herein and the City may draw on any applicable Warranty Guarantee, or the City may elect to extend the Warranty Period warranty period in additional sixty (60) 60 day increments. In the case the City elects to extend the Warranty Period warranty period an additional punch list of corrective items will be issued to the Developer and those items shall must be completed complete prior to the issuance of Final Acceptance of Public Improvements. C. Nothing herein shall be construed or deemed as requiring the City issue Final Acceptance to Finally Accept and release from warranty any Improvements that are defective or damaged. D. The Developer, successors or assigns shall be responsible, until build-out of the entire subdivision, to maintain all Public Improvements in the same condition as when finally accepted pursuant to this Subsection 5.00, normal wear and tear excepted. Repair of any damage or deterioration of the Public Improvements that impairs the structural integrity of the Public Improvements that are a consequence of construction within the Propertysubdivision, as determined by the City, prior to issuance of the final certificate of occupancy for the Property, shall be the responsibility of the Developer, and any successors or assigns.

Final Acceptance of Public Improvements. A. No earlier than sixty (60) days nor later than forty-five (45) days prior to the date of expiration of the Warranty Period, the Developer shall submit a written request for Final Acceptance of Public Improvements, and within ten (10) days of such request the City shall conduct a final inspection of the Public Improvements, or authorized Phase thereof. The Developer shall certify to the City, in connection with the request for Final Acceptance of Public Improvements that all persons and entities having provided labor and/or services in the construction of the Public Improvements have been fully paid subject to such exceptions as may be disclosed to the City and which are acceptable to the City. If the Public Improvements, subject to the inspection request fully conform to the Standards and Specifications, and all repairs, have been made to bring same into such conformance, then the City shall issue a letter of completion and/or Final Acceptance of the subject Public Improvements to the Developer. After Final Acceptance of the Public Improvements, the Developer may request, and the City shall release, the Warranty Guarantee. B. The Developer is required to request Final Acceptance of the Public Improvements no later than forty-five (45) days prior to the end of the Warranty Period. The City shall, within ten (10) days of the request, perform a final inspection of the Public Improvements and submit to the Developer a punch list of any corrective items necessary to obtain Final Acceptance. The Developer shall complete the corrective items and have the Public Improvements Finally Accepted by the City no later than ten (10) working days prior to the expiration of the Warranty Period. If the Developer fails to have Public Improvements Finally Accepted within ten (10) days prior to the date of expiration of the Warranty Period, then the City may declare the Developer in default pursuant to Section 15.00 herein herein, and the City may draw on any applicable Warranty Guarantee, or the City may elect to extend the Warranty Period in additional sixty (60) day increments. In the case the City elects to extend the Warranty Period an additional punch list of corrective items will be issued to the Developer and those items shall be completed prior to the issuance of Final Acceptance of Public Improvements. C. Nothing herein shall be construed or deemed as requiring the City issue Final Acceptance and release from warranty any Improvements that are defective or damaged. D. Repair of any damage or deterioration of the Public Improvements that impairs the structural integrity of the Public Improvements that are a consequence of construction within the Property, as determined by the City, prior to issuance of the final certificate of occupancy for the Property, shall be the responsibility of the Developer, and any successors or assigns.