City Council Agenda and Packet 2020 11 10 SP

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Boulder County, CO 03715259 4 of 62 provide "as -built" drawings, both hard copy and electronic file format acceptable to the City, and a certified statement of construction costs for such improvements no later than thirty (30) days after the Subdivider Improvements are completed. The certification shall be signed by an officer, member or agent on behalf of the Subdivider representing that amounts stated are the actual costs incurred. If Subdivider has not completed the Subdivider Improvements on or before the completion deadline set forth in Section 1.14 and Exhibit A, then (30) days after Subdivider's receipt of written notice from the City, the City may exercise its rights to secure performance as provided in Section 9.1 of this Agreement. If the Subdivider Improvements completed by Subdivider are satisfactory, the City shall grant "Construction Acceptance", after which the Subdivider shall provide a warranty for the Subdivider Tmprovcments and the same shall be subject to 'Final Acceptance" as set forth in Sections 1.7 and 1.8 below and other applicable provisions herein. If the Subdivider Improvements completed by Subdivider are unsatisfactory, the City shall provide written notice to Subdivider of the reasonable repairs, replacements, construction or other work required to receive Construction Acceptance. Subdivider shall complete all needed repairs, replacements, construction or other work within thirty (30) days of said notice, weather permitting. After Subdivider completes the repairs, replacements, construction or other work required, Subdivider shall request of the City a reinspection of such work to determine if Construction Acceptance can be granted, and the City shall provide written notice to Subdivider of the acceptability or unacceptability of such work prior to proceeding to complete any such work at Subdivider's expense. If Subdivider does not complete the repairs, replacements, construction or other work required within thirty (30) days of said notice, then (30) days after Subdivider's receipt of written notice from the City, the City may exercise its rights to secure performance as provided in Section 9.1 of this Agreement. The City reserves the right to schedule re - inspections, depending upon scope of deficiencies. In addition to the other restrictions set forth in this Agreement, no more than five (5) certificates of occupancy shall be issued for the Subdivision by the Building Division prior to the City's issuance of Construction Acceptance of the Subdivider Improvements (as evidenced by a letter issued by the Public Works Department) and the City's determination that Subdivider Improvements have been 4