2022-02-23 WS & CC Packet - Laserfiche WebLink

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11. Fixture Installation, Acceptance, and Warranty. a. The Developer shall be responsible for the cost and installation of public improvements, namely street improvements, consistent with the plans and specifications approved by the City. Before the City issues a certificate of occupancy for structures on the Real Property, the Developer shall take responsibility for installation and successful final inspection of same. b. Within 60 days after Developer delivers a complete set of reproducible "as constructed" plans and a set of electronic formatted, "as constructed" plans for the Developer installed public improvements and a letter requesting acceptance by the City of such improvements, the City shall review said improvements and consent to and accept the public improvements or provide Developer with a written notice of work that is unacceptable and what is required to make the work acceptable to the City. Upon completion of corrections to the unacceptable work, the developer shall, again, notify the City in writing and request acceptance of the work. The timeline above, then resets. If the City fails to provide a written notice of unacceptable work within 30 days, then the City shall be deemed to have accepted the public improvements identified in the Developer's written request for acceptance. c. The Developer warrants all public improvements required to be constructed pursuant to this Agreement against poor material and faulty workmanship for a period of two years. The warranty period for underground utilities shall commence from the date of acceptance by the City. The warranty period for streets shall commence from the date the final wear course has been completed and the City has accepted the streets unless installation of the wear course has been delayed by the City, in which case the two-year period shall commence on the later of December 31, 2022, or the requested extension date. The Developer or its contractor(s) shall post security in the amount of twenty-five percent of final construction costs to secure the warranties. The Developer or its contractor may use the existing Security on file with the City, or a maintenance bond to satisfy this condition. The City's standard specifications for utilities and street construction identify the procedures for final acceptance of streets and utilities. 12. Successors and Assigns. All of the covenants, promises, and agreements in this Agreement contained by or on behalf of the City or Developer shall be binding upon and inure to the benefit of their respective successors and assigns whether so expressed or not. 13. Governing Law. The applicable law of the State of Minnesota shall govern this Agreement. 14. Permit Status. This Agreement augments but does not supersede any requirement of law or regulation for a permit or land use application required for the development of, or construction on the Real Property. 15. Amendments to Agreement. This Agreement is made for the benefit of the City, Developer, and the related Real Property, and it shall not be repealed, revoked, altered, or amended without the written consent of the City and Developer. Page 3 of 5 Version 02182022-1