Common use of Initial Acceptance Clause in Contracts

Initial Acceptance. 2.9.1 No later than ten (10) days after the Developer-Provided Public Improvements are complete, Developer shall submit to the City “as built” drawings of Developer-Provided Public Improvements in a form as defined in the City’s current Standards and Specifications, proposed documents of conveyance to the City of the Developer-Provided Public Improvements, and a statement certifying that the Developer-Provided Public Improvements are fully complete, have been fully paid for, and Developer has fully paid all persons or entities having furnished labor or materials for the design and construction of the Developer-Provided Public Improvements. Developer shall also request for an inspection to be performed by the City. If Developer does not request this inspection within ten (10) days of completion of the Developer-Provided Public Improvements, the City may conduct the inspection without the approval of Developer. Upon inspection (which inspection shall occur within 21 days of the Developer’s submission) and finding of satisfactory completion of the Developer-Provided Public Improvements in compliance with the Construction Standards, the City shall promptly issue a written “Certificate of Initial Acceptance.” 2.9.2 If the Developer-Provided Public Improvements are not satisfactory, the City shall provide written notice to Developer of the repairs, replacements, construction or other work required to receive Initial Acceptance. Developer shall complete all needed repairs, replacements, construction or other work within thirty (30) days of said notice, weather permitting. After Developer completes the repairs, replacements, construction or other work required, developer shall request a re-inspection of such work to determine if Initial Acceptance can be granted, and the City shall provide written notice to Developer of the acceptability or unacceptability of such work prior to proceeding to complete any such work at Developer's expense. If Developer does not complete the repairs, replacements, or other work required within thirty (30) days of said notice, City may: (a) draw upon the Performance Guaranty and, at the City’s discretion, secure completion, repair or replacement of any incomplete or non-conforming Developer-Provided Public Improvements; (b) pursue repair or replacement of the Developer-Provided Public Improvements, at the Developer’s expense, either by bid or negotiated price; and/or; (c) order denial or suspension of building permits or certificates of occupancy until completion or repair or replacement of any incomplete or defective Developer-Provided Public Improvements; and/or (d) pursue any other legal remedies available to it at law or which may be appropriate under applicable City regulations.

Initial Acceptance. 2.9.1 No later than ten (10) days after the Developer-Provided Public Improvements and/or Common Facilities are substantially complete, Developer Owner shall submit to the City “as built” drawings of Developer-Provided Public Improvements in a form as defined in the City’s current Standards and Specifications, proposed documents of conveyance to the City request of the Developer-Provided Public Improvements, and a statement certifying that the Developer-Provided Public Improvements are fully complete, have been fully paid for, and Developer has fully paid all persons or entities having furnished labor or materials for the design and construction of the Developer-Provided Public Improvements. Developer shall also request for Town Administrative Official an inspection to be performed by the CityFirestone. If Developer Owner does not request this inspection within ten (10) days of completion of the Developer-Provided Public ImprovementsImprovements and/or Common Facilities, the City Firestone may conduct the inspection without the approval of DeveloperOwner. Upon inspection (which inspection Owner shall occur within 21 days of the Developerprovide Firestone with complete “as-built” drawings in a form as defined in Firestone’s submission) current Standards and finding of satisfactory completion of the Developer-Provided Specifications. If Owner has not completed appropriate Public Improvements and/or Common Facilities as provided for in compliance with the Construction Standardsthis Agreement, Firestone may exercise its right to secure performance as provided in Section X.C of this Agreement. If Public Improvements and/or Common Facilities completed by Owner are satisfactory, the City Town Administrative Official shall promptly issue a written grant “Certificate of Initial Acceptance.” 2.9.2 ,” which shall be subject to “Final Acceptance” as set forth herein. If the Developer-Provided Public Improvements and/or Common Facilities are not satisfactory, the City Town Administrative Official shall provide written notice to Developer Owner of the repairs, replacements, construction or other work required to receive Initial Acceptance. Developer Owner shall complete all needed repairs, replacements, construction or other work within thirty (30) days of said notice, weather permitting. After Developer Owner completes the repairs, replacements, construction or other work required, developer Owner shall request of the Town Administrative Official a re-inspection of such work to determine if Initial Acceptance can be granted, and the City Firestone shall provide written notice to Developer Owner of the acceptability or unacceptability of such work prior to proceeding to complete any such work at DeveloperOwner's expense. If Developer Owner does not complete the repairs, replacements, or other work required within thirty (30) days of said notice, City may: (a) draw upon Firestone may exercise its rights to secure performance as provided in Section X.C. of this Agreement. Firestone reserves the Performance Guaranty andright to schedule re-inspections. No “Certificate of Occupancy” will be issued by Firestone prior to Initial Acceptance without written approval from the Town Administrative Official. Additionally, at for Common Facilities, the City’s discretion, secure completion, repair or replacement of any incomplete or non-conforming Developer-Provided Public Improvements; (b) pursue repair or replacement Owner shall include the Obligated Entity in the final inspection procedures and provide Firestone with written acceptance of the Developer-Provided Public Improvements, at the Developer’s expense, either by bid or negotiated price; and/or; (c) order denial or suspension of building permits or certificates of occupancy until completion or repair or replacement of any incomplete or defective Developer-Provided Public Improvements; and/or (d) pursue any other legal remedies available to it at law or which may be appropriate under applicable City regulationsCommon Facilities for maintenance from this final Obligated Entity.

Initial Acceptance. 2.9.1 No later than ten (10) days after the Developer-Provided Public Improvements and/or Common Facilities are substantially complete, Developer Owner shall submit to the City “as built” drawings of Developer-Provided Public Improvements in a form as defined in the City’s current Standards and Specifications, proposed documents of conveyance to the City request of the Developer-Provided Public Improvements, and a statement certifying that the Developer-Provided Public Improvements are fully complete, have been fully paid for, and Developer has fully paid all persons or entities having furnished labor or materials for the design and construction of the Developer-Provided Public Improvements. Developer shall also request for Town Administrative Official an inspection to be performed by the CityFirestone. If Developer Owner does not request this inspection within ten (10) days of completion of the Developer-Provided Public ImprovementsImprovements and/or Common Facilities, the City Firestone may conduct the inspection without the approval of DeveloperOwner. Upon inspection (which inspection Owner shall occur within 21 days of the Developerprovide Firestone with complete “as-built” drawings in a form as defined in Firestone’s submission) current Standards and finding of satisfactory completion of the Developer-Provided Specifications. If Owner has not completed appropriate Public Improvements and/or Common Facilities as provided for in compliance with the Construction Standardsthis Agreement, Firestone may exercise its right to secure performance as provided in Section X.A of this Agreement. If Public Improvements and/or Common Facilities completed by Owner are satisfactory, the City Town Administrative Official shall promptly issue a written grant “Certificate of Initial Acceptance.” 2.9.2 ,” which shall be subject to “Final Acceptance” as set forth herein. If the Developer-Provided Public Improvements and/or Common Facilities are not satisfactory, the City Town Administrative Official shall provide written notice to Developer Owner of the repairs, replacements, construction or other work required to receive Initial Acceptance. Developer Owner shall complete all needed repairs, replacements, construction or other work within thirty (30) days of said notice, weather permitting. After Developer Owner completes the repairs, replacements, construction or other work required, developer Owner shall request of the Town Administrative Official a re-inspection of such work to determine if Initial Acceptance can be granted, and the City Firestone shall provide written notice to Developer Owner of the acceptability or unacceptability of such work prior to proceeding to complete any such work at DeveloperOwner's expense. If Developer Owner does not complete the repairs, replacements, or other work required within thirty (30) days of said notice, City may: (a) draw upon Firestone may exercise its rights to secure performance as provided in Section X.A. of this Agreement. Firestone reserves the Performance Guaranty andright to schedule re-inspections. No “Certificate of Occupancy” will be issued by Firestone prior to Initial Acceptance without written approval from the Town Administrative Official. Additionally, at for Common Facilities, the City’s discretion, secure completion, repair or replacement of any incomplete or non-conforming Developer-Provided Public Improvements; (b) pursue repair or replacement Owner shall include the Obligated Entity in the final inspection procedures and provide Firestone with written acceptance of the Developer-Provided Public Improvements, at the Developer’s expense, either by bid or negotiated price; and/or; (c) order denial or suspension of building permits or certificates of occupancy until completion or repair or replacement of any incomplete or defective Developer-Provided Public Improvements; and/or (d) pursue any other legal remedies available to it at law or which may be appropriate under applicable City regulationsCommon Facilities for maintenance from this final Obligated Entity.

Initial Acceptance. 2.9.1 No later than ten (10) days after the Developer-Provided Public Improvements are complete, Developer shall submit make written application to the City “as built” drawings of Developer-Provided Public Improvements in a form as defined in the City’s current Standards and Specifications, proposed documents of conveyance to the City Town Administrator for initial acceptance of the Developer-Provided Public Improvements, and a statement certifying that the Developer-Provided Public Subdivision Improvements are fully complete, have been fully paid for, and Developer has fully paid all persons or entities having furnished labor or materials for the design and construction of the Developer-Provided Public Improvements. Developer shall also request for an inspection to be performed by the City. If Developer does not request this inspection within ten (10) days of completion of the Developer-Provided Public Improvements, the City may conduct the inspection without the approval of Developer. Upon inspection (which inspection shall occur within 21 days of the Developer’s submission) and finding of satisfactory completion of the Developer-Provided Public Improvements in compliance with the Construction Standards, the City shall promptly issue a written “Certificate of Initial Acceptance.” 2.9.2 If the Developer-Provided Public Improvements are not satisfactory, the City shall provide written notice to Developer of the repairs, replacements, construction or other work required to receive Initial Acceptance. Developer shall complete all needed repairs, replacements, construction or other work ) within thirty (30) days of said noticethe completion date of the Subdivision Improvements, weather permittingwith the exception of the improvements for which the Town has authorized an extension of time to complete. After The written application shall include one set of reproducible “as built” drawings and an affidavit executed by Developer completes affirming that the repairsSubdivision Improvements have been paid in full, replacementscertifying the final construction costs and including documentary evidence of the construction costs. If the Town Administrator requests, Developer shall provide lien waivers, or other acceptable assurance, from all subcontractors, suppliers and materialmen who have furnished labor, material or services for the design, construction or other work requiredinstallation of the Subdivision Improvements. The affidavit and lien waivers may be reviewed by the Town, developer but the Town assumes no responsibility or liability to or for anyone regarding the veracity of the information so provided. After the receipt of the written application, the Town Engineer shall request use reasonable efforts to promptly inspect the Subdivision Improvements. If the Subdivision Improvements are satisfactory, Developer shall be entitled to Initial Acceptance upon receipt of the Maintenance Guarantee. If the Subdivision Improvements are not satisfactory, the Town Engineer shall prepare a detailed written description of all Subdivision Improvements which are not in compliance with the Approved Plans, subject to any changes that have been approved by the Town and any changes that have been required by the Town as a result of any unforeseen engineering design issues. Such report shall be delivered to Developer. After curing the defects, Developer shall make a renewed written application to the Town for re-inspection of such work to determine if Initial Acceptance can be granted, and the City shall provide written notice to Developer of the acceptability or unacceptability of such work prior to proceeding to complete any such work at Developer's expense. If Developer does not complete the repairs, replacements, or other work required within thirty (30) days of said notice, City may: (a) draw upon the Performance Guaranty and, at the City’s discretion, secure completion, repair or replacement of any incomplete or non-conforming Developer-Provided Public Improvements; (b) pursue repair or replacement of the Developer-Provided Public Improvements, at which written application shall contain the Developer’s expenseitems set forth above. The Town Engineer shall thereafter use reasonable efforts to promptly re-inspect the Subdivision Improvements. If the Subdivision Improvements are satisfactory, either by bid or negotiated price; and/or; (c) order denial or suspension Developer shall be entitled to Initial Acceptance upon receipt of building permits or certificates of occupancy until completion or repair or replacement of any incomplete or defective Developer-Provided Public Improvements; and/or (d) pursue any other legal remedies available to it at law or which may be appropriate under applicable City regulationsthe Maintenance Guarantee.