Common use of Procedure for Final Acceptance Clause in Contracts

Procedure for Final Acceptance. Not earlier than sixty (60) days or later than forty-five (45) days prior to the date of expiration of a Warranty Period, Developer shall submit a written request for Final Acceptance of the related Improvements. 1. Within a reasonable time after Xxxxxxxxx’s request for Final Acceptance, the City shall conduct a final inspection of the appropriate Improvements (either Landscape or Infrastructure) or authorized phase thereof. a. During or subsequent to such inspection, 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. Failure to correct, repair or replace the punch list items as provided herein shall constitute cause to deny any request for Final Acceptance. i. Not less than thirty (30) days after the date the punch list is provided to Developer, unless Developer authorizes an earlier inspection, the City shall conduct a re-inspection of the Improvements and generate a new written punch list unless all punch list items have been corrected, repaired or replaced to the satisfaction of the City. ii. This process shall continue until all punch list items have been corrected, repaired or replaced to the satisfaction of the City, at which time, the City shall proceed with Final Acceptance as set forth herein. b. If the subdivision and/or development of the Property involves a land dedication to the City for a future park or school site, floodplain or open space (the “Dedicated Area(s)”), the City shall inspect such Dedicated Area(s). In the event any damage or dumping has occurred in, on or to any Dedicated Area, Developer shall be responsible for the restoration thereof. Despite the issuance of a Letter of Final Acceptance pursuant to this Section V, if any, the City shall not release the Landscape Warranty unless Developer has restored the Dedicated Area(s) to the City’s satisfaction. Nothing herein shall be construed or deemed as requiring the City to release the Landscape Warranty prior to Final Acceptance of the Landscape Improvements. 2. Developer shall certify to the City that all persons and entities having provided labor and/or services in the construction or installation of the Improvements for which Final Acceptance is being sought have been fully paid subject to such exceptions as may be disclosed to the City and that are acceptable to the City. 3. If the Improvements subject to the inspection request fully conform to this Agreement and the City’s applicable standards and specifications, and/or all corrections, repairs or replacements have been made to bring the Improvements into conformance, the City shall issue to Developer, via certified mail, a Letter of Completion and Final Acceptance. 4. Subject to the provisions of subsection 1.b. of this Section V.B., the City shall release the Warranty only after Final Acceptance of the Improvements related thereto.

Procedure for Final Acceptance. Not earlier than sixty ninety (6090) days or later than forty-five sixty (4560) days prior to the date of expiration of a Warranty PeriodPeriod for any phase, The City will initiate a final inspection. The City will make reasonable attempts to notify the Developer shall submit a written request for Final Acceptance of the related Improvementsdate and time of the final inspection and will allow the Developer, or its representative, to observe the inspection. 1. Within a reasonable time after Xxxxxxxxx’s request for Final Acceptance, After the City shall conduct a final inspection of the appropriate Improvements (either Landscape or Infrastructure) or authorized phase thereof. a. During or subsequent to such inspectionhas been completed, 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. Failure If there are no items in need of correction, repair or replacement, the City shall issue the Letter of Completion and Final Acceptance pursuant to paragraph 4 of this section. The City shall send the Developer the “punch list” or Letter of Completion and Final Acceptance within ten (10) business days of completing the final inspection. 2. In the event repairs are needed and the Developer fails to correct, repair or replace the punch list items as provided herein shall constitute cause to deny any request for Final Acceptance. i. Not less than within thirty (30) days after of the date of the punch list is provided to Developer, unless Developer authorizes an earlier inspectionlist, the City shall not grant Final Acceptance, but shall instead conduct a re-subsequent inspection of the Improvements and generate a new written revised punch list unless all based on the items identified in the original punch list items have been corrected, repaired or replaced to the satisfaction of the City. ii. This process shall continue until all punch list items have been corrected, repaired or replaced to the satisfaction of the City, at which . If the Developer fails to complete the punch list repairs in a reasonable time, the City shall proceed with Final Acceptance as set forth herein. b. If may draw on the subdivision and/or development Warranty Security in Section IV of this agreement and complete the Property involves a land dedication to items identified on the City for a future park or school site, floodplain or open space (the “Dedicated Area(s)”), the City shall inspect such Dedicated Area(s). In the event any damage or dumping has occurred in, on or to any Dedicated Area, Developer shall be responsible for the restoration thereof. Despite the issuance of a Letter of Final Acceptance pursuant to this Section V, if any, the City shall not release the Landscape Warranty unless Developer has restored the Dedicated Area(s) to the City’s satisfaction. Nothing herein shall be construed or deemed as requiring the City to release the Landscape Warranty prior to Final Acceptance of the Landscape Improvements. 2. Developer shall certify to the City that all persons and entities having provided labor and/or services in the construction or installation of the Improvements for which Final Acceptance is being sought have been fully paid subject to such exceptions as may be disclosed to the City and that are acceptable to the Citypunch list. 3. If the Improvements subject to the inspection request fully conform to this Agreement agreement and the City’s applicable standards and specifications, and/or all corrections, repairs or replacements replacements, if any are needed, have been made to bring the Improvements into conformance, the City shall issue to Developer, the Developer via certified mailletter, a Letter of Completion and Final Acceptance. 4. Subject to the provisions of subsection 1.b. of this Section V.B.agreement, the City shall release the Warranty only after Final Acceptance of the Improvements related thereto. The expiration or failure of any surety and or other security provided to secure the Improvements contemplated herein shall not release or excuse the Developer from performing the obligations contained herein.

Procedure for Final Acceptance. Not earlier than sixty ninety (6090) days or later than forty-five sixty (4560) days prior to the date of expiration of a Warranty PeriodPeriod for any phase, The City will initiate a final inspection. The City will make reasonable attempts to notify the Developer shall submit a written request for Final Acceptance of the related Improvementsdate and time of the final inspection and will allow the Developer, or its representative, to observe the inspection. 1. Within a reasonable time after Xxxxxxxxx’s request for Final Acceptance, After the City shall conduct a final inspection of the appropriate Improvements (either Landscape or Infrastructure) or authorized phase thereof. a. During or subsequent to such inspectionhas been completed, 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. Failure If there are no items in need of correction, repair or replacement, the City shall issue the Letter of Completion and Final Acceptance pursuant to paragraph 4 of this section. The City shall send the Developer the “punch list” or Letter of Completion and Final Acceptance within ten (10) business days of completing the final inspection. 2. In the event repairs are needed and the Developer fails to correct, repair or replace the punch list items as provided herein shall constitute cause to deny any request for Final Acceptance. i. Not less than within thirty (30) days after of the date of the punch list is provided to Developer, unless Developer authorizes an earlier inspectionlist, the City shall not grant Final Acceptance, but shall instead conduct a re-subsequent inspection of the Improvements and generate a new written revised punch list unless all based on the items identified in the original punch list items have been corrected, repaired or replaced to the satisfaction of the City. ii. This process shall continue until all punch list items have been corrected, repaired or replaced to the satisfaction of the City, at which . If the Developer fails to complete the punch list repairs in a reasonable time, the City shall proceed with Final Acceptance as set forth herein. b. If may draw on the subdivision and/or development Warranty Security in Section V of this Agreement and complete the Property involves a land dedication to items identified on the City for a future park or school site, floodplain or open space (the “Dedicated Area(s)”), the City shall inspect such Dedicated Area(s). In the event any damage or dumping has occurred in, on or to any Dedicated Area, Developer shall be responsible for the restoration thereof. Despite the issuance of a Letter of Final Acceptance pursuant to this Section V, if any, the City shall not release the Landscape Warranty unless Developer has restored the Dedicated Area(s) to the City’s satisfaction. Nothing herein shall be construed or deemed as requiring the City to release the Landscape Warranty prior to Final Acceptance of the Landscape Improvements. 2. Developer shall certify to the City that all persons and entities having provided labor and/or services in the construction or installation of the Improvements for which Final Acceptance is being sought have been fully paid subject to such exceptions as may be disclosed to the City and that are acceptable to the Citypunch list. 3. If the Improvements subject to the inspection request fully conform to this Agreement agreement and the City’s applicable standards and specifications, and/or all corrections, repairs or replacements replacements, if any are needed, have been made to bring the Improvements into conformance, the City shall issue to Developer, the Developer via certified mailletter, a Letter of Completion and Final Acceptance. 4. Subject to the provisions of subsection 1.b. of this Section V.B.agreement, the City shall release the Warranty only after Final Acceptance of the Improvements related thereto. The expiration or failure of any surety and or other security provided to secure the Improvements contemplated herein shall not release or excuse the Developer from performing the obligations contained herein.

Procedure for Final Acceptance. Not earlier than sixty (60) days or later than forty-five (45) days prior to the date of expiration of a Warranty Period, Developer shall submit a written request for Final Acceptance of the related Improvements. 1. Within a reasonable time after Xxxxxxxxx’s request for Final Acceptance, the City shall conduct a final inspection of the appropriate Improvements (either Landscape or Infrastructure) or authorized phase thereof. a. During or subsequent to such inspection, 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. Failure to correct, repair or replace the punch list items as provided herein shall constitute cause to deny any request for Final Acceptance. i. Not less than thirty (30) days after the date the punch list is provided to Developer, unless Developer authorizes an earlier inspection, the City shall conduct a re-re- inspection of the Improvements and generate a new written punch list unless all punch list items have been corrected, repaired or replaced to the satisfaction of the City. ii. This process shall continue until all punch list items have been corrected, repaired or replaced to the satisfaction of the City, at which time, the City shall proceed with Final Acceptance as set forth herein. b. If the subdivision and/or development of the Property involves a land dedication to the City for a future park or school site, floodplain or open space (the “Dedicated Area(s)”), the City shall inspect such Dedicated Area(s). In the event any damage or dumping has occurred in, on or to any Dedicated Area, Developer shall be responsible for the restoration thereof. Despite the issuance of a Letter of Final Acceptance pursuant to this Section V, if any, the City shall not release the Landscape Warranty unless Developer has restored the Dedicated Area(s) to the City’s satisfaction. Nothing herein shall be construed or deemed as requiring the City to release the Landscape Warranty prior to Final Acceptance of the Landscape Improvements. 2. Developer shall certify to the City that all persons and entities having provided labor and/or services in the construction or installation of the Improvements for which Final Acceptance is being sought have been fully paid subject to such exceptions as may be disclosed to the City and that are acceptable to the City. 3. If the Improvements subject to the inspection request fully conform to this Agreement and the City’s applicable standards and specifications, and/or all corrections, repairs or replacements have been made to bring the Improvements into conformance, the City shall issue to Developer, via certified mail, a Letter of Completion and Final Acceptance. 4. Subject to the provisions of subsection 1.b. of this Section V.B., the City shall release the Warranty only after Final Acceptance of the Improvements related thereto.

Procedure for Final Acceptance. Not earlier than sixty (60) days or later than forty-five (45) days prior to the date of expiration of a Warranty Period, Developer shall submit a written request for Final Acceptance of the related Improvements. 1. Within a reasonable time after Xxxxxxxxx’s request for Final Acceptance, the City shall conduct a final inspection of the appropriate Improvements (either Landscape or Infrastructure) or authorized phase thereof. a. During or subsequent to such inspection, 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. Failure to correct, repair or replace the punch list items as provided herein shall constitute cause to deny any request for Final Acceptance. i. Not less than thirty (30) days after the date the punch list is provided to Developer, unless Developer authorizes an earlier inspection, the City shall conduct a re-inspection of the Improvements and generate a new written punch list unless all punch list items have been corrected, repaired or replaced to the satisfaction of the City. ii. This process shall continue until all punch list items have been corrected, repaired or replaced to the satisfaction of the City, at which time, the City shall proceed with Final Acceptance as set forth herein. b. If the subdivision and/or development of the Property involves a land dedication to the City for a future park or school site, floodplain or open space (the “Dedicated Area(s)”), the City shall inspect such Dedicated Area(s). In the event any damage or dumping has occurred in, on or to any Dedicated Area, Developer shall be responsible for the restoration thereof. Despite the issuance of a Letter of Final Acceptance pursuant to this Section V, if any, the City shall not release the Landscape Warranty unless Developer has restored the Dedicated Area(s) to the City’s satisfaction. Nothing herein shall be construed or deemed as requiring the City to release the Landscape Warranty prior to Final Acceptance of the Landscape Improvements. 2. Developer shall certify to the City that all persons and entities having provided labor and/or services in the construction or installation of the Improvements for which Final Acceptance is being sought have been fully paid subject to such exceptions as may be disclosed to the City and that are acceptable to the City. 3. If the Improvements subject to the inspection request fully conform to this Agreement and the City’s applicable standards and specifications, and/or and all corrections, repairs or replacements have been made to bring the Improvements into conformance, the City shall issue to Developer, via certified mail, a Letter of Completion and Final Acceptance. 4. Subject to the provisions of subsection 1.b. of this Section V.B., the City shall release the Warranty only after Final Acceptance of the Improvements related thereto.

Procedure for Final Acceptance. Not earlier than sixty ninety (6090) days or later than forty-five sixty (4560) days prior to the date of expiration of a Warranty PeriodPeriod for any phase, The City will initiate a final inspection. The City will make reasonable attempts to notify the Developer shall submit a written request for Final Acceptance of the related Improvementsdate and time of the final inspection and will allow the Developer, or their representative, to observe the inspection. 1. Within a reasonable time after Xxxxxxxxx’s request for Final Acceptance, After the City shall conduct a final inspection of the appropriate Improvements (either Landscape or Infrastructure) or authorized phase thereof. a. During or subsequent to such inspectionhas been completed, 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. Failure If there are no items in need of correction, repair or replacement, the City shall issue the Letter of Completion and Final Acceptance pursuant to paragraph 4 of this section. The City shall send the Developer the "punch list" or Letter of Completion and Final Acceptance within ten (10) business days of completing the final inspection. 2. In the event repairs are needed and the Developer fails to correct, repair or replace the punch list items as provided herein shall constitute cause to deny any request for Final Acceptance. i. Not less than within thirty (30) days after of the date of the punch list is provided to Developer, unless Developer authorizes an earlier inspectionlist, the City shall not grant Final Acceptance, but shall instead conduct a re-subsequent inspection of the Improvements and generate a new written revised punch list unless all based on the items identified in the original punch list items have been corrected, repaired or replaced to the satisfaction of the City. ii. This process shall continue until all punch list items have been corrected, repaired or replaced to the satisfaction of the City, at which . If the Developer fails to complete the punch list repairs in a reasonable time, the City shall proceed with Final Acceptance as set forth herein. b. If may draw on the subdivision and/or development Warranty Security in Section IV of this agreement and complete the Property involves a land dedication to items identified on the City for a future park or school site, floodplain or open space (the “Dedicated Area(s)”), the City shall inspect such Dedicated Area(s). In the event any damage or dumping has occurred in, on or to any Dedicated Area, Developer shall be responsible for the restoration thereof. Despite the issuance of a Letter of Final Acceptance pursuant to this Section V, if any, the City shall not release the Landscape Warranty unless Developer has restored the Dedicated Area(s) to the City’s satisfaction. Nothing herein shall be construed or deemed as requiring the City to release the Landscape Warranty prior to Final Acceptance of the Landscape Improvements. 2. Developer shall certify to the City that all persons and entities having provided labor and/or services in the construction or installation of the Improvements for which Final Acceptance is being sought have been fully paid subject to such exceptions as may be disclosed to the City and that are acceptable to the Citypunch list. 3. If the Improvements subject to the inspection request fully conform to this Agreement agreement and the City’s applicable standards and specifications, and/or all corrections, repairs or replacements replacements, if any are needed, have been made to bring the Improvements into conformance, the City shall issue to Developer, the Developer via certified mailletter, a Letter of Completion and Final Acceptance. 4. Subject to the provisions of subsection 1.b. of this Section V.B.agreement, the City shall release the Warranty only after Final Acceptance of the Improvements related thereto. The expiration or failure of any surety and or other security provided to secure the Improvements contemplated herein shall not release or excuse the Developer from performing the obligations contained herein.