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. a. Following completion of any Public Infrastructure or Public Improvements so dedicated to the public (if any), Developer, their agents, employees, and contractors will not interfere with reasonable use of all such public works by the general public, except for drainage retention improvements. In accordance with the Construction Schedule, Developer shall use their best efforts to dedicate (or grant a public easement to) to such Public Infrastructure or Public Improvements where applicable to the appropriate taxing entity (as determined by the City), at no additional expense to the City or TIRZ. b. The requirements of this Agreement cannot be waived or modified in any way by an engineer, employee, or City official or its subordinate agency with responsibility for inspecting or certifying public infrastructure. The actions of a city employee or agent do not work an estoppel against the City under this contract or the Unified Development Code.

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 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-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 Developer or 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 Improvements dedicated to the City shall be the responsibility of the City. a. Following completion of any Public Infrastructure or Public Improvements so dedicated to the public (if any), Developer, their its agents, employees, and contractors will not interfere with reasonable use of all such public works the Public Improvements by the general public, except for drainage retention improvements. In accordance with the Construction Schedule, Developer shall use their its best efforts to dedicate (or grant a public easement toeasement) to such Public Infrastructure or Public Improvements where applicable to the appropriate taxing entity (as determined by the City), at no additional expense to the City or TIRZ. b. The requirements of this Agreement cannot be waived or modified in any way by an engineer, employee, or City official or its subordinate agency with responsibility for inspecting or certifying public infrastructure. The actions of a city employee or agent do not work an estoppel against the City under this contract or the Unified Development Code.

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 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 reconstruction, and maintenance of Public Infrastructure Improvements dedicated to the City shall be the sole responsibility of the City. a. Following completion of any Public Infrastructure or Public Improvements so dedicated to the public (if any), Developer, their its agents, employees, and contractors will not interfere with reasonable use of all such public works the Public Improvements by the general public, except for drainage retention improvements. In accordance with the Construction Schedule, Developer shall use their its best efforts to dedicate (or grant a public easement toeasement) to such Public Infrastructure or Public Improvements where applicable to the appropriate taxing entity (as determined by the City), at no additional expense to the City or TIRZ. b. The requirements of this Agreement cannot be waived or modified in any way by an engineer, employee, or City official or its subordinate agency with responsibility for inspecting or certifying public infrastructure. The actions of a city employee or agent do not work as an estoppel against the City under this contract or the Unified Development Code.

INFRASTRUCTURE MAINTENANCE. As applicable, Developer, at At its own expense, Developer 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 Improvements dedicated to the City shall be the responsibility of the City. a. Following completion of any Public Infrastructure or Public Improvements so dedicated to the public (if any), Developer, their agents, employees, and contractors will not interfere with reasonable use of all such public works by the general public, except for drainage retention improvements. In accordance with the Construction Schedule, Developer shall use their best efforts to dedicate (or grant a public easement to) to such Public Infrastructure or Public Improvements where applicable to the appropriate taxing entity (as determined by the City), at no additional expense to the City or TIRZ. b. The requirements of this Agreement cannot be waived or modified in any way by an engineer, employee, or City official or its subordinate agency with responsibility for inspecting or certifying public infrastructure. The actions of a city employee or agent do not work an estoppel against the City under this contract or the Unified Development Code.

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. a. Following completion of any Public Infrastructure or Public Improvements so dedicated to the public (if any), Developer, their agents, employees, and contractors will not interfere with reasonable use of all such public works by the general public, except for drainage retention improvements. In accordance with the Construction Schedule, Developer shall use their best efforts to dedicate (or grant a public easement to) to such Public Infrastructure or Public Improvements where applicable to the appropriate taxing entity (as determined by the City), at no additional expense to the City or TIRZ. b. The requirements of this Agreement cannot be waived or modified in any way by an engineer, employee, or City official or its subordinate agency with responsibility for inspecting or certifying public infrastructure. The actions of a city employee or agent do not work an estoppel against the City under this contract or the Unified Development Code.

INFRASTRUCTURE MAINTENANCE. As applicable, Developer, at At its own expense, Developer shall maintain or cause to be maintained all Public Infrastructure, broadly defined to include Improvements constituting 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 of the work is done under public supervision or direction, Project until said improvements’ dedication to the City and for one year (1) year after completion, unless agreed to otherwise completion of the Project in accordance with the approved plans and the City’s acceptance thereof, if required by applicable law, such acceptance not to be unreasonably withheld (“Completion”) . 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 Developer or 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 Improvements dedicated to the City shall be the responsibility of the City. a. Following completion of any Public Infrastructure or Public Improvements so dedicated to the public (if any), Developer, their its agents, employees, and contractors will not interfere with reasonable use of all such public works the Public Improvements by the general public, public except for drainage retention improvements. In accordance with the Construction Schedule, Developer shall use their its commercially reasonable best efforts to dedicate (or grant a public easement toeasement) to such Public Infrastructure or Public Improvements where applicable to the appropriate taxing entity (as determined by the City), at no additional expense to the City or TIRZ. b. The requirements of this Agreement cannot be waived or modified in any way by an engineer, employee, or City official or its subordinate agency with responsibility for inspecting or certifying public infrastructure. The actions of a city City employee or agent do not work an estoppel against the City under this contract or the Unified Development Code.

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. a. Following completion of any Public Infrastructure or Public Improvements by Developer so dedicated to the public (if any), Developer, their agents, employees, and contractors will not interfere with reasonable use of all such public works by the general public, except for drainage retention improvements. In accordance with the Construction Schedule, Developer shall use their best efforts to dedicate (or grant a public easement to) to such Public Infrastructure or Public Improvements where applicable to the appropriate taxing entity (as determined by the City), at no additional expense to the City or TIRZ. b. The requirements of this Agreement cannot be waived or modified in any way by an engineer, employee, or City official or its subordinate agency with responsibility for inspecting or certifying public infrastructure. The actions of a city employee or agent do not work an estoppel against estoppelagainst the City under this contract or the Unified Development Code.

INFRASTRUCTURE MAINTENANCE. As applicable, Developer, at At its own expense, Developer shall maintain or cause to be maintained all Public Infrastructurepublic works, 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 public works’ dedication to the City and for one year year (1) 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-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 Improvements dedicated to the City shall be the responsibility of the City. a. Following completion of any Public Infrastructure or Public Improvements public works so dedicated to the public (if any), Developer, their agents, employees, and contractors will not interfere with reasonable use of all such public works by the general public, except for drainage retention improvements. In accordance with the Construction Schedule, Developer shall use their best efforts to dedicate (or grant a public easement to) to such Public Infrastructure or Public Improvements public works where applicable to the appropriate taxing entity (as determined by the City), at no additional expense to the City or TIRZ. b. The requirements of this Agreement cannot be waived or modified in any way by an engineer, employee, or City official or its subordinate agency with responsibility for inspecting or certifying public infrastructure. The actions of a city employee or agent do not work an estoppel against the City under this contract or the Unified Development Code.

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. a. Following completion of any Public Infrastructure or Public Improvements so dedicated to the public (if any), Developer, their its agents, employees, and contractors will not interfere with reasonable use of all such public works the Public Improvements by the general public, except for drainage retention improvements. In accordance with the Construction Schedule, Developer shall use their its best efforts to dedicate (or grant a public easement toeasement) to such Public Infrastructure or Public Improvements where applicable to the appropriate taxing entity (as determined by the City), at no additional expense to the City or TIRZ. b. The requirements of this Agreement cannot be waived or modified in any way by an engineer, employee, or City official or its subordinate agency with responsibility for inspecting or certifying public infrastructure. The actions of a city employee or agent do not work as an estoppel against the City under this contract or the Unified Development Code.