Common use of Initial Acceptance of Public Improvements Clause in Contracts

Initial Acceptance of Public Improvements. A. The Developer shall submit a written request for Initial Acceptance of all Public Improvements, for a Phase or for the entire Property, a minimum of seven (7) business days before the estimated completion date of the Public Improvements identified in the request for Initial Acceptance. The City’s inspection of the Public Improvements will be within ten (10) business days of the City's receipt of the Developer's written request for Initial Acceptance. Upon inspection, the City will either issue a letter of Initial Acceptance of Public Improvements or issue a punch list of items that the Developer shall complete before a letter of Initial Acceptance of Public Improvements will be issued. If a punch list is issued, the Developer shall have sixty (60) calendar days to complete the punch list, subject to Force Majeure. If the items on the punch list are not completed within sixty (60) calendar days, the City reserves the right to issue a stop work order as defined in the Standards and Specifications, and may declare the Developer in default of this Agreement in accordance with Section 15.00. B. If at any time prior to a request for Initial Acceptance of any of the Public Improvements that are constructed or partially constructed, the Developer ceases construction of such Public Improvements, such cessation of work shall constitute a material breach and unless corrected as provided by Section 15.00, the City may declare the Developer in default of the Agreement in accordance with Section 15.00. C. Upon a finding of satisfactory completion of the Public Improvements in compliance herewith and all applicable ordinances and the Standards and Specifications, the City shall issue a letter of Initial Acceptance of Public Improvements to the Developer, which shall constitute the date of commencement of the Warranty Period. Prior to the issuance of the letter of Initial Acceptance of Public Improvements the Developer shall obtain and deliver to the City a Warranty Guarantee, and provide the City mechanics lien waiver statements with respect to the Property. D. The City shall, within thirty (30) days of issuance of the letter of Initial Acceptance of Public Improvements, return any applicable Performance Guarantee to the Developer or designated Party, by a letter of transmittal. E. At the time of Initial Acceptance of the Public Improvements listed in this Agreement, such Public Improvements shall be deemed to be thereby conveyed to the City.