Maintenance of Public Improvements Clause Samples
Maintenance of Public Improvements. 1. Prior to acceptance of the Public Improvements by the Governing Body, the Developer shall maintain at their own expense all the Public Improvements and appurtenances thereto.
2. After acceptance of the Public Improvements by the Governing Body, the two-year maintenance bond will be in effect and the Developer and/or Developer’s general contractor shall repair any defects in work or materials for the Public Improvements and appurtenances thereto.
3. During the two-year maintenance period, if damage should occur to the on-site or adjacent off-site Public Improvements due to continued construction occurring in other development phases, the Developer will be required to repair the damages at their own expense.
4. After the maintenance bond expires, the City will assume maintenance of the Public Improvements and appurtenances thereto. However, if the City determines that damage has occurred to the on-site or adjacent off-site public streets due to continued construction of other development phases, including damage incurred during Phase 2 by Solutions Group KC, the Developer will be required to repair the damages at its own expense.
Maintenance of Public Improvements. Developer shall be responsible for the cost of maintenance of all Public Improvements (other than right of way improvements on Doc ▇▇▇▇▇▇ Drive and the ▇▇▇▇ Street extension), and privately-owned improvements constructed to serve the Project. Developer may propose one or more mechanisms to ensure that these maintenance obligations are satisfied in perpetuity. Developer shall be responsible for all costs incurred by the Town in the creation of any financing mechanism. As used in this section, “right of way improvements” does not include landscaping. Maintenance of landscaping on Doc ▇▇▇▇▇▇ Drive and the ▇▇▇▇ Street extension shall be the responsibility of Developer.
8.5.1. Financing mechanisms may include the establishment of a Home Owners Association or other non-Town entity, to the satisfaction of the Town, to own and maintain privately owned Improvements within the Project. The Town shall have the right to approve and enforce all bylaws for all Home Owners Association and all Covenants, Conditions and Restrictions for the Property as they pertain to maintenance and repair of Improvements or parks and open space.
8.5.2. For the maintenance of Public Improvements, Developer may request that the Town initiate the formation of an appropriate financing mechanism such as the establishment of a benefit assessment district pursuant to the Landscaping and Lighting Act of 1972 (Streets and Highways Code section 22500 et seq.), or the creation of some other financing mechanism allowed by law, for the purpose of maintaining Public Improvements in perpetuity. The decision of whether to initiate formation procedures shall be within the absolute discretion of the Town.
Maintenance of Public Improvements. Developer shall be responsible for the cost of maintenance of all Public Improvements (other than Doc ▇▇▇▇▇▇ Drive and the ▇▇▇▇ Street extension), and privately-owned improvements constructed to serve the Project. Developer may propose one or more mechanisms to ensure that these maintenance obligations are satisfied in perpetuity. Developer shall be responsible for all costs incurred by the Town in the creation of any financing mechanism.
8.5.1. Financing mechanisms may include the establishment of a Home Owners Association or other non-Town entity, to the satisfaction of the Town, to own and maintain privately owned Improvements within the Project. The Town shall have the right to approve and enforce all bylaws for all Home Owners Association and all Covenants, Conditions and Restrictions for the Property as they pertain to maintenance and repair of Improvements or parks and open space.
8.5.2. For the maintenance of Public Improvements, Developer may request that the Town initiate the formation of an appropriate financing mechanism such as the establishment of a benefit assessment district pursuant to the Landscaping and Lighting Act of 1972 (Streets and Highways Code section 22500 et seq.), or the creation of some other financing mechanism allowed by law, for the purpose of maintaining Public Improvements in perpetuity. The decision of whether to initiate formation procedures shall be within the absolute discretion of the Town.
Maintenance of Public Improvements. During the Warranty Period it will be the City’s obligation to provide maintenance of the Public Improvements, except that the City shall not be obligated to maintain Public Landscaping Improvements unless Developer has submitted, and the City has approved a maintenance plan for Public Landscaping Improvements.
Maintenance of Public Improvements. City shall not be responsible or liable for the maintenance or care of the Public Improvements until such Public Improvements are accepted by City. City shall exercise no control over the Public Improvements until accepted. Developer shall have no obligation to make the Public Improvements available for public use at any time before the Public Improvements are accepted by City. Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of Developer at all times prior to City's acceptance of the Public Improvements. Developer shall maintain all of the Public Improvements in a state of good repair until they are completed by Developer and accepted by City, and until the security for the performance of this Agreement is released. It shall be Developer's responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance, except to the extent such damage or injury is caused by the negligence or willful misconduct of City, its elected officials, employees and/or agents.
Maintenance of Public Improvements. Developer shall pay for the maintenance, replacement, and electricity costs and expenses for the Public Improvements fronting the Project, including, but not limited to street lights, Mission Landscape Median, parkway landscaping, and two traffic signals. Developer shall fulfill this obligation by annexing into the City’s Landscaping and Lighting District No. C-89-1.
Maintenance of Public Improvements. CITY shall not be responsible or liable for the maintenance or care of the public improvements, identified in Section 10.1 above, intended to be dedicated to the CITY, until CITY approves and accepts them. CITY shall exercise no control over the public improvements until accepted. Any use by any person of the public improvements, or any portion thereof, shall be at the sole and exclusive risk of the OWNER at all times prior to CITY’s acceptance of the public improvements. OWNER shall maintain all the public improvements in a state of good repair until they are completed by OWNER and approved and accepted by CITY. If OWNER fails to properly prosecute its maintenance obligation under this Section, CITY may do all work necessary for such maintenance and the cost thereof shall be the responsibility of OWNER under this Agreement. CITY shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the public improvements or their condition prior to acceptance. Approval and acceptance of public improvements shall not be unreasonably withheld by the City.
Maintenance of Public Improvements. Developer hereby guarantees the prompt and satisfactory correction of all defects in materials or workmanship of any of the Public Improvements located on or off of the Development Property that occur or become evident within two (2) years after acceptance of the Public Improvement by the City pursuant to this Agreement. In the event the City Engineer determines, that Developer has not corrected any such defect, Developer must, within ten (10) days after receipt of written notice from the City (subject to Force Majeure), correct it or cause it to be corrected; provided, however, that if any such defect cannot reasonably be corrected within such ten (10)-day period, but Developer commences and diligently pursues completion of correction of the defect within such ten (10)-day period, the Developer shall complete correction of the defect within such longer period of time as is reasonably necessary to complete correction of the defect. If Developer fails to correct the defect, commence the correction of the defect, or diligently pursue correction of the defect to completion as set forth in the preceding sentence, the City, after 10 days’ prior written notice to Developer, may, but will not be obligated to, enter upon any or all of the Development Property for the purpose of correcting the defect. In the event that the City causes to be performed any work to correct a defect pursuant to this Section 7.10.d. Developer must, upon demand by the City, pay the costs of the work to the City. If Developer fails to pay the costs, the City will have the right to draw from the Maintenance Guarantee required pursuant to Section 7.11.d., based on costs actually incurred, an amount of money sufficient to defray the entire cost of the work, including reasonable legal fees and all out-of-pocket expenses for design, labor, and materials.
Maintenance of Public Improvements. Responsibility for the ongoing maintenance of public improvements constructed by Owner pursuant to the Project Approvals shall be apportioned between the Parties in accordance with the terms of this Section 6.3.
Maintenance of Public Improvements. The District agrees that it shall maintain the following Public Improvements, as shown in Exhibit A attached hereto and made a part hereof.