Resolution 2015-86 - Laserfiche WebLink

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1.7 Maintenance of Dcveloper Improvements. For a two (2) year period from the date of Construction Acceptance of the Developer Improvements, Developer shall, at its own expense, take (or cause its contractor or agent to take) all actions reasonable and necessary to maintain the Developer Improvements and make all needed repairs or replacements which, in the reasonable opinion of the City, shall become neccssary to obtain Final Acceptance. If within thirty (30) days after Developer's receipt of writtcn notice from the City requesting such repairs or replacements, the Developer has not completed such repairs, then thirty (30) days after notice to Developer, the City may exercise its rights to secure performance as provided in Section 8.1 of this Agreement. Notwithstanding the above, the Developer and each successor owner of the Development property shall be responsible for the maintenance obligations provided for herein. 1.8 Final Acceptance. At least thirty (30) days before two (2) years have elapsed from the issuance of Construction Acceptance", or as soon thereafter as weather permits, Developer shall request a "Final Acceptance" inspection. The City shall inspect the Developer Improvements and shall notify the Developer in writing of all deficiencies and necessary repairs. After Developer has corrected all reasonable deficiencies and made all reasonably necessary repairs identified in said written notice, the City shall issue to Developer a letter of Final Acceptance. If Developer does not correct all deficiencies and make repairs identified in said inspection to the City's satisfaction within thirty (30) days after receipt of said notice, weather permitting, or by an extended amount of time approved by the City in writing in advance, based on the City's determination that the repairs, replacements, construction or other work are of the nature that the items cannot be completed within thirty (30) days even though the Developer has diligently worked to complete said items, then after providing thirty (30) days prior. writtcn notice to Developer, the City may exercise its rights to secure performance as is provided in Section 8.1 of this Agreement. If any mechanic's liens have, been filed with respect to the Developer_ Improvements, or by any Developer contractor with respect to the Dcveloper Improvements, and Developer fails to have such lien released or discharged within thirty (30) days of receipt of written notice from the City, then Developer shall be in breach and the. City may exercise its rights undcr Section 8.1 of this Agreement, until the same are released or discharged. If Developer fails to have Developer Improvements finally accepted within two (2) years of the date of the issuance of Construction Acceptance or any Developer Improvements arc found not to materially conform to this Agreement, or the Approved Plans, then Developer shall be in default of the Agreement and the City may exercise its rights undcr Section 8.1 of this Agreement. 1.9 Reimbursement to City. Upon Developer's breach of any of its obligations beyond any applicable notice and cure periods, the City may complete construction, repairs, replacements of the Developer Improvements, or other work of Developer pursuant to Sections 1.6, 1.7 or 1.8 of this Agreement in which event Dcveloper shall reimburse the City within thirty (30) days after receipt of written demand and supporting documentation from the City. If Developer fails to so rcimbursc City, then Developer shall be in default of the Agreement and the City may exercise its rights undcr Section 8.1 of this Agreement. 1.10 Testing and Inspection: