Common use of Initial Acceptance of Infrastructure Improvements Clause in Contracts

Initial Acceptance of Infrastructure Improvements. 1. In order to obtain Initial Acceptance of Infrastructure Improvements for a phase or an entire project, Developer shall submit to the City a written request for Initial Acceptance of Infrastructure Improvements and one (1) copy of record drawings. 2. Within ten (10) business days of receipt of a request for Initial Acceptance, the City shall review the record drawings and shall either approve the drawings or return the drawings to the Developer with comments. a. In the event the record drawings are returned to Developer with comments, Xxxxxxxxx shall submit to the City the record drawings revised in accord with the City’s comments. b. Once the record drawings are approved, Xxxxxxxxx shall submit to the City “certified record” drawings on Mylar and electronic AutoCAD files. 3. Within ten (10) business days of receipt of a request for Initial Acceptance of Infrastructure Improvements, the City shall inspect the Infrastructure Improvements. a. During or subsequent to inspection of the Infrastructure Improvements, the City shall generate a written “punch list” of items requiring correction, repair or replacement in compliance with all applicable ordinances and standards of the City. b. In the event Developer fails to correct, repair or replace the punch list items within thirty (30) days of the date the punch list is provided, the City shall not grant Initial Acceptance, but shall instead conduct a subsequent inspection of the Infrastructure Improvements and generate a new written punch list. This process shall continue until all punch list items have been corrected, repaired or replaced to the satisfaction of the City. c. In no event shall the City grant Initial Acceptance of Infrastructure Improvements until after Developer has corrected, repaired and replaced the punch list items to the City’s satisfaction. 4. In no event shall the City grant Initial Acceptance of Infrastructure Improvements until the Developer has paid in full all CIL amounts including any fines, interest, and late fees. 5. Upon a finding of satisfactory completion of the Infrastructure Improvements in compliance herewith and with all applicable ordinances and standards of the City, and upon execution and delivery to the City of the Infrastructure Warranty, and unless otherwise excepted herein, the City shall grant Initial Acceptance of the Infrastructure Improvements via certified letter to Developer, the date of which shall constitute the date of commencement of the Warranty Period for the Infrastructure Improvements as identified in Section III.D. 6. Building permits may be issued prior to Initial Acceptance for the phase for which the Infrastructure Security has issued provided that all required fire hydrants, water for fire suppression, roadway, curb and gutter have been constructed to City specifications and paved emergency access to the lots on which building permits are requested are satisfactory as determined by the City. For single family residential lots, the potential authorization of building permits shall be limited to no more than four (4) model homes within the Property prior to Initial Acceptance of the Improvements. Such model homes shall not be sold, conveyed, or otherwise transferred to a third party prior to Initial Acceptance of the Improvements. Certificates of Occupancy shall not be issued for any structure prior to Initial Acceptance of Infrastructure Improvements, however, the aforementioned model homes may be eligible for temporary occupancy permits where authorized by law.

Initial Acceptance of Infrastructure Improvements. 1. In order to obtain Initial Acceptance of Infrastructure Improvements for a phase or an entire project, Developer shall submit to the City a written request for Initial Acceptance of Infrastructure Improvements and one (1) copy of record drawings. 2. Within ten (10) business days of receipt of a request for Initial Acceptance, the City shall review the record drawings and shall either approve the drawings or return the drawings to the Developer with comments. a. In the event the record drawings are returned to Developer with comments, Xxxxxxxxx shall submit to the City the record drawings revised in accord with the City’s comments. b. Once the record drawings are approved, Xxxxxxxxx shall submit to the City “certified record” drawings on Mylar and electronic AutoCAD files. 3. Within ten (10) business days of receipt of a request for Initial Acceptance of Infrastructure Improvements, the City shall inspect the Infrastructure Improvements. a. During or subsequent to inspection of the Infrastructure Improvements, the City shall generate a written “punch list” of items requiring correction, repair or replacement in compliance with all applicable ordinances and standards of the City. b. In the event Developer fails to correct, repair or replace the punch list items within thirty (30) days of the date the punch list is provided, the City shall not grant Initial Acceptance, but shall instead conduct a subsequent inspection of the Infrastructure Improvements and generate a new written punch list. This process shall continue until all punch list items have been corrected, repaired or replaced to the satisfaction of the City. c. In no event shall the City grant Initial Acceptance of Infrastructure Improvements until after Developer has corrected, repaired and replaced the punch list items to the City’s satisfaction. 4. In no event shall the City grant Initial Acceptance of Infrastructure Improvements until the Developer has paid in full all CIL amounts including any fines, interest, and late fees. 5. Upon a finding of satisfactory completion of the Infrastructure Improvements in compliance herewith and with all applicable ordinances and standards of the City, and upon execution and delivery to the City of the Infrastructure Warranty, and unless otherwise excepted herein, the City shall grant Initial Acceptance of the Infrastructure Improvements via certified letter to Developer, the date of which shall constitute the date of commencement of the Warranty Period for the Infrastructure Improvements as identified in Section III.D. 65. Building permits may be issued prior to Initial Acceptance for the phase for which the Infrastructure Security has issued provided that all required fire hydrants, water for fire suppression, roadway, curb and gutter have been constructed to City specifications and paved emergency access to the lots on which building permits are requested are satisfactory as determined by the City. For single family residential lots, the potential authorization of building permits shall be limited to no more than four (4) model homes within the Property prior to Initial Acceptance of the Improvements. Such model homes shall not be sold, conveyed, or otherwise transferred to a third party prior to Initial Acceptance of the Improvements. Certificates of Occupancy shall not be issued for any structure prior to Initial Acceptance of Infrastructure Improvements, however, the aforementioned model homes may be eligible for temporary occupancy permits where authorized by law.