Common use of Initial Acceptance of Improvements Clause in Contracts

Initial Acceptance of Improvements. Developer shall make written application to the City Engineer or their designated representative, for initial acceptance of the Improvements (“Initial Acceptance”) within 30 days of their completion. Such Improvements will be described on a "Developer's Contribution Worksheet" provided by the City Engineer. The Developer shall be responsible for the accuracy and completeness of all information provided. The affidavit, lien waivers and other materials may be reviewed by the City, but the City assumes no responsibility or liability to or for anyone regarding the veracity of the information so provided. Developer’s application for initial acceptance shall be accompanied by the following information and materials: a. As Built Drawings: One (1) set of surveyed Mylar and one digital/CAD file of the “as built” drawings, certified as to accuracy by the Developer or its architect or Engineer; b. Engineer's Certification: Written certification by the Developer’s Engineer that the Improvements for such Phase of development have been fully constructed and installed in substantial conformance with the Plans and Specifications; c. Cost Affidavit: A final affidavit of the Improvements’ construction cost including verification reasonably satisfactory to the City Engineer; d. Improvements Affidavit: Developer shall provide a signed affidavit that the Improvements have been paid for in full; x. Xxxx Waivers: Developer shall provide lien waivers from its general contractor and from all subcontractors, suppliers and materialmen who have furnished labor, material or services for the Improvements. After the receipt of Developer’s written application for initial acceptance, the City Engineer, or their designated representative, will use reasonable efforts to promptly inspect the Improvements and prepare a detailed written description of all Improvements that are not in compliance with the requirements of the City or the Plans and Specifications and deliver that description to the Developer. After curing such defects as are noted on the written statement provided by the City Engineer to the Developer, the Developer shall make written application to the City for re- inspection of the Improvements, and the City Engineer will use reasonable efforts to promptly re- inspect such Improvements. No Improvements shall be deemed to be initially accepted by the City until the City Engineer has certified, in writing, that the Improvements appear to have been completed in accordance with the applicable Plans and Specifications. This shall then constitute Initial Acceptance.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

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Initial Acceptance of Improvements. The Developer shall make written application submit a Request For Initial Acceptance, including Certification of Completion, "as built" drawings of the Improvements and certified cost estimates of Public Improvements, to the City Engineer or their designated representative, for initial acceptance of the Improvements (“Initial Acceptance”) within 30 days of their completion. Such Improvements will be described on a "Developer's Contribution Worksheet" provided by the City Engineer. The Developer shall be responsible for the accuracy and completeness of all information provided. The affidavit, lien waivers and other materials may be reviewed by the City, but the City assumes no responsibility or liability to or for anyone regarding the veracity of the information so provided. Developer’s application for initial acceptance shall be accompanied by the following information and materials: a. As Built Drawings: One (1) set of surveyed Mylar and one digital/CAD file of the “as built” drawings, certified as to accuracy by the Developer or its architect or Engineer; b. Engineer's Certification: Written certification by the Developer’s Engineer that the Improvements for such Phase of development have been fully constructed and installed in substantial conformance with the Plans and Specifications; c. Cost Affidavit: A final affidavit upon completion of the Improvements’ construction cost including verification reasonably satisfactory to . Said Certification shall be submitted upon written oath or affirmation of the City Engineer; d. Improvements Affidavit: Developer shall provide a signed affidavit that the Improvements have been fully paid for in full; x. Xxxx Waivers: and Developer shall provide lien waivers from its general contractor and from has fully paid all subcontractors, suppliers and materialmen who have persons or entities having furnished labor, material labor or services materials for the design, construction and installation of such Improvements. After The City, however, shall not be deemed to have accepted any payment responsibility or liability in conjunction with the ascertainment of such payment. The City shall inspect such Improvements within ten (10) working days of the City's receipt of the Developer’s written application 's request for initial acceptanceInitial Acceptance, unless unable to do so due to inclement weather or other natural conditions or conditions beyond the City's control. Upon a finding of satisfactory completion of the Improvements in compliance herewith and all applicable ordinances and standards of the City, the City Engineer, or their designated representative, will use reasonable efforts to promptly inspect the Improvements and prepare shall issue a detailed written description Certificate of all Improvements that are not in compliance with the requirements of the City or the Plans and Specifications and deliver that description to the Developer. After curing such defects as are noted on the written statement provided by the City Engineer Initial Acceptance to the Developer, for the completed improvements. Following the issuance of the Certificate of Initial Acceptance, the City shall, upon request by the Developer, release the Performance Guarantee, provided a Warranty Guarantee meeting the requirements of subsection (g) below has been executed and delivered to the City, and provided no mechanics lien statements have been filed with respect to the project. Upon the issuance of the Certificate of Initial Acceptance with respect to the Improvements consisting of water and sewer lines and facilities, the Developer shall make written application convey such lines and facilities to the City for re- inspection by xxxx of the Improvements, and the City Engineer will use reasonable efforts to promptly re- inspect such Improvements. No Improvements shall be deemed to be initially accepted by the City until the City Engineer has certified, in writing, that the Improvements appear to have been completed in accordance with the applicable Plans and Specifications. This shall then constitute Initial Acceptancesale.

Appears in 1 contract

Samples: Site Improvements Agreement

Initial Acceptance of Improvements. The Developer shall make written application submit a Request For Initial Acceptance, including Certification of Completion, "as built" drawings of the Improvements and certified cost estimates of Public Improvements, to the City Engineer or their designated representative, for initial acceptance of the Improvements (“Initial Acceptance”) within 30 days of their completion. Such Improvements will be described on a "Developer's Contribution Worksheet" provided by the City Engineer. The Developer shall be responsible for the accuracy and completeness of all information provided. The affidavit, lien waivers and other materials may be reviewed by the City, but the City assumes no responsibility or liability to or for anyone regarding the veracity of the information so provided. Developer’s application for initial acceptance shall be accompanied by the following information and materials: a. As Built Drawings: One (1) set of surveyed Mylar and one digital/CAD file of the “as built” drawings, certified as to accuracy by the Developer or its architect or Engineer; b. Engineer's Certification: Written certification by the Developer’s Engineer that the Improvements for such Phase of development have been fully constructed and installed in substantial conformance with the Plans and Specifications; c. Cost Affidavit: A final affidavit upon completion of the Improvements’ construction cost including verification reasonably satisfactory to . Said Certification shall be submitted upon written oath or affirmation of the City Engineer; d. Improvements Affidavit: Developer shall provide a signed affidavit that the Improvements have been fully paid for in full; x. Xxxx Waivers: and Developer shall provide lien waivers from its general contractor and from has fully paid all subcontractors, suppliers and materialmen who have persons or entities having furnished labor, material labor or services materials for the design, construction and installation of such Improvements. After The City, however, shall not be deemed to have accepted any payment responsibility or liability in conjunction with the ascertainment of such payment. The City shall inspect such Improvements within ten (10) working days of the City's receipt of the Developer’s written application 's request for initial acceptanceInitial Acceptance, unless unable to do so due to inclement weather or other natural conditions or conditions beyond the City's control. Upon a finding of satisfactory completion of the Improvements in compliance herewith and all applicable ordinances and standards of the City, the City Engineer, or their designated representative, will use reasonable efforts to promptly inspect the Improvements and prepare shall issue a detailed written description Certificate of all Improvements that are not in compliance with the requirements of the City or the Plans and Specifications and deliver that description to the Developer. After curing such defects as are noted on the written statement provided by the City Engineer Initial Acceptance to the Developer, for the completed improvements. Following the issuance of the Certificate of Initial Acceptance, the City shall, upon request by the Developer, release the Performance Guarantee, provided a Warranty Guarantee meeting the requirements of subsection (g) below has been executed and delivered to the City, and provided no mechanics lien statements have been filed with respect to the project. Upon the issuance of the Certificate of Initial Acceptance with respect to the Improvements consisting of water and sewer lines and facilities, the Developer shall make written application convey such lines and facilities to the City for re- inspection by bill of the Improvements, and the City Engineer will use reasonable efforts to promptly re- inspect such Improvements. No Improvements shall be deemed to be initially accepted by the City until the City Engineer has certified, in writing, that the Improvements appear to have been completed in accordance with the applicable Plans and Specifications. This shall then constitute Initial Acceptancesale.

Appears in 1 contract

Samples: Site Improvements Agreement

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Initial Acceptance of Improvements. The Developer shall make written application to the City Engineer or their designated representativesubmit a Request For Initial Acceptance, for initial acceptance including Certification of Completion, "as built" drawings of the Improvements (“Initial Acceptance”) within 30 days and certified cost estimates of their completion. Such Improvements will be described on a "Developer's Contribution Worksheet" provided by Improvements, to the City Engineer. The Developer shall be responsible for the accuracy and completeness of all information provided. The affidavit, lien waivers and other materials may be reviewed by the City, but the City assumes no responsibility or liability to or for anyone regarding the veracity of the information so provided. Developer’s application for initial acceptance shall be accompanied by the following information and materials: a. As Built Drawings: One (1) set of surveyed Mylar and one digital/CAD file of the “as built” drawings, certified as to accuracy by the Developer or its architect or Engineer; b. Engineer's Certification: Written certification by the Developer’s Engineer that the Improvements for such Phase of development have been fully constructed and installed in substantial conformance with the Plans and Specifications; c. Cost Affidavit: A final affidavit Town upon completion of the Improvements’ construction cost including verification reasonably satisfactory to . Said Certification shall be submitted upon written oath or affirmation of the City Engineer; d. Improvements Affidavit: Developer shall provide a signed affidavit that the Improvements have been fully paid for in full; x. Xxxx Waivers: and Developer shall provide lien waivers from its general contractor and from has fully paid all subcontractors, suppliers and materialmen who have persons or entities having furnished labor, material labor or services materials for the design, construction and installation of such Improvements. After The Town, however, shall not be deemed to have accepted any payment responsibility or liability in conjunction with the ascertainment of such payment. The Town shall inspect such Improvements within ten (10) working days of the Town's receipt of the Developer’s written application 's request for initial acceptanceInitial Acceptance, unless unable to do so due to inclement weather or other natural conditions or conditions beyond the Town's control. Upon a finding of satisfactory completion of the Improvements in compliance herewith and all applicable ordinances and standards of the Town, the City Engineer, or their designated representative, will use reasonable efforts to promptly inspect the Improvements and prepare Town shall issue a detailed written description Certificate of all Improvements that are not in compliance with the requirements of the City or the Plans and Specifications and deliver that description to the Developer. After curing such defects as are noted on the written statement provided by the City Engineer Initial Acceptance to the Developer, for the Developer shall make written application completed Improvements. Following the issuance of the Certificate of Initial Acceptance, the Town shall, upon request by the Developer, release the Performance Guarantee, provided a Warranty Guarantee meeting the requirements of subsection (g) below has been executed and delivered to the City for re- inspection of the ImprovementsTown, and the City Engineer will use reasonable efforts to promptly re- inspect such Improvements. No Improvements shall be deemed to be initially accepted by the City until the City Engineer has certified, in writing, that the Improvements appear to provided no mechanics lien statements have been completed in accordance filed with respect to the applicable Plans and Specifications. This shall then constitute Initial Acceptanceproject.

Appears in 1 contract

Samples: Improvement Agreement

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