Common use of INFRASTRUCTURE MAINTENANCE Clause in Contracts

INFRASTRUCTURE MAINTENANCE. As applicable, Developer, at its own expense, shall maintain or cause to be maintained all Public Infrastructure, broadly defined to include a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction, until said dedication to the City and for one year (1) after completion, unless agreed to otherwise with the City. Upon acceptance of a street or drainage improvement for maintenance by the City, Developer shall deliver to the City a one-year extended warranty bond naming the City as the obligee in conformity with Chapter 35, the City’s Unified Development Code. The cost of repair, replacement, reconstruction and maintenance for defects in the Public Infrastructure discovered during the first year after Completion disclosed to Developer by the City within a reasonable period of time, but no more than 30 days from the time of discovery, shall be paid by the bond company and shall not be paid out of the TIRZ Fund. After the expiration of the one-year extended warranty bond, the cost of the repair, replacement, reconstruction and maintenance of Public Infrastructure dedicated to the City shall be the responsibility of the City.

Appears in 4 contracts

Samples: Funding Agreement, East Meadow Alley Project Development Agreement, Williams Historical National Museum Project Development Agreement

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INFRASTRUCTURE MAINTENANCE. As applicable, Developer, at its own expense, shall maintain or cause to be maintained all Public Infrastructure, broadly defined to include a building, highway, road, excavation, and repair work or other project Project development or improvement, paid for in whole or in part from public fundsfunds for this Project by Developer, without regard to whether the work is done under public supervision or direction, until said dedication to the City and for one year (1) after completion, unless agreed to otherwise with the City. Upon acceptance of a street or drainage improvement for maintenance by the City, Developer shall deliver to the City a one-year extended warranty bond naming the City as the obligee in conformity with Chapter 35, the City’s Unified Development Code. The cost of repair, replacement, reconstruction and maintenance for defects in the Public Infrastructure discovered during the first year after Completion disclosed to Developer by the City within a reasonable period reasonableperiod of time, but no more than 30 days from the time of discovery, shall be paid by the bond company and shall not be paid out of the TIRZ Fund. After the expiration of the one-year extended warranty bond, the cost of the repair, replacement, reconstruction and maintenance of Public Infrastructure dedicated to the City shall be the responsibility of the City.

Appears in 1 contract

Samples: Nicha’s Comida Mexicana Project Development Agreement

INFRASTRUCTURE MAINTENANCE. As applicable, Developer, at its own expense, shall maintain or cause to be maintained all Public Infrastructure, broadly defined to include a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction, until said dedication to the City and for one year (1) after completion, unless agreed to otherwise with the City. Upon acceptance of a street or drainage improvement for maintenance by the City, Developer shall deliver to the City a one-year extended warranty bond naming the City as the obligee in conformity with Chapter 35, the City’s Unified Development Code. The cost of repair, replacement, reconstruction reconstruction, and maintenance for defects in the Public Infrastructure discovered during the first year after Completion disclosed to Developer by the City within a reasonable period of time, but no more than 30 days from the time of discovery, shall be paid by the Developer or bond company and shall not be paid out of the TIRZ Fund. After the expiration of the one-year extended warranty bond, the cost of the repair, replacement, reconstruction reconstruction, and maintenance of Public Infrastructure dedicated to the City shall be the responsibility of the City.

Appears in 1 contract

Samples: Broadway East by Encore Development Agreement

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INFRASTRUCTURE MAINTENANCE. As applicable, Developer, at At its own expense, Developer shall maintain or cause to be maintained all Public InfrastructureWorks, broadly defined to include a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part part, from public funds, without regard to whether the work is done under public supervision or direction, until said works’ dedication to the City and for one year (1) year after completion, unless agreed to otherwise with the CityCompletion. Upon acceptance of a street or drainage improvement for maintenance by the City, Developer shall deliver to the City a one-one (1) year extended warranty bond naming the City as the obligee in conformity with Chapter 35, the City’s Unified Development Code. The cost of repair, replacement, reconstruction and maintenance for defects in the Public Infrastructure discovered during the first year after Completion disclosed to Developer by the City within a reasonable period of time, but no more than 30 thirty (30) days from the time of discovery, shall be paid by Developer or the bond company and shall not be paid out of the TIRZ Fund. After the expiration of the one-one (1) year extended warranty bond, the cost of the repair, replacement, reconstruction and maintenance of Public Infrastructure Improvements dedicated to the City shall be the sole responsibility of the City.

Appears in 1 contract

Samples: MLK Place Project Development Agreement

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