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Resolution 2020-25
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Resolution 2020-25
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Last modified
5/7/2024 3:12:03 PM
Creation date
3/27/2020 8:32:47 AM
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Template:
City Council Records
Also Known As (aka)
Public Infrastructure Assistance Agreement between the City_Revitalization Commission and 824 South Inc
Doc Type
Resolution
Signed Date
3/17/2020
Ord/Res - Year
2020
Ord/Res - Number
25
Original Hardcopy Storage
9C5
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unsatisfactory. The City shall retain the remaining fifteen percent (15%) of the Financial <br />Guarantee to secure the Developer's continued performance under the Agreement until <br />the warranty period set forth in subsection (e) has expired, and upon expiration of such <br />period shall refund the remainder of the Financial Guarantee to the LRC. <br />C. The Parties shall each keep, or cause to be kept, proper and current books <br />and accounts in which complete and accurate entries shall be made for costs associated <br />with the Project and Project Improvements, and payments made by and received from <br />the City under this Agreement. <br />d. Construction Acceptance. No later than ten (10) days after improvements <br />are completed, Developer shall request inspection by the City. If Developer does not <br />request this inspection within ten (10) days of completion of improvements, the City may <br />conduct the inspection without the approval of Developer. Developer shall provide <br />"as -built" drawings and a certified statement of construction costs no later than thirty (30) <br />days after improvements are completed. If improvements completed by Developer are <br />satisfactory, the City shall grant "construction acceptance", which shall be subject to "final <br />acceptance" as set forth herein. If improvements completed by Developer are unsat- <br />isfactory, the City shall provide written notice to Developer of the repairs, replacements, <br />construction or other work required to receive "construction acceptance." Developer shall <br />complete all needed repairs, replacements, construction or other work within thirty (30) <br />days of said notice, weather permitting, or by an extended amount of time approved by <br />the City in writing in advance, based on the City's determination that the repairs, <br />replacements, construction or other work are of the nature that the items cannot be <br />completed within thirty (30) days even though the Developer has diligently worked to <br />complete said items. After Developer does complete the repairs, replacements, con- <br />struction or other work required, Developer shall request of the City a re -inspection of <br />such work to determine if construction acceptance can be granted, and the City shall <br />provide written notice to Developer of the acceptability or unacceptability of such work <br />prior to proceeding to complete any such work at Developer's expense. The City reserves <br />the right to schedule re -inspections, depending upon scope of deficiencies. No <br />certificate of occupancy shall be issued for the Project prior to construction <br />acceptance of the Project Improvements. <br />e. Warranty & Maintenance of Improvements. For a Two (2) year period from <br />the date of "construction acceptance" of the Project Improvements, Developer shall, at its <br />own expense, take all actions necessary to maintain said improvements and make all <br />needed repairs or replacements which, in the reasonable opinion of the City, shall <br />become necessary. If within thirty (30) days after Developer's receipt of written notice <br />from the City requesting such repairs or replacements, the Developer has not completed <br />such repairs, the City may exercise its rights as provided in Section (3) below. <br />Notwithstanding the above, the Developer and each successor owner of the Project shall <br />be responsible for the maintenance obligations provided for herein. <br />
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