Agenda Packets - 2024/01/22 - Laserfiche WebLink

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Improvements. Upon written notification by the City to the Developer identifying a deficiency, the Developer shall take all necessary steps to repair or replace the deficiency within 30 days, including exercising any rights pursuant to the contractors' two-year warranties. The City may, at its sole discretion, provide Developer with additional time to complete these repairs, and such requests shall not be unreasonably denied. 2.06. Authority to Work in Right-of-WaX. Until the Public Improvements are accepted by the City, the City hereby grants to the Developer and its contractors a limited, non-exclusive right to work within the City's right-of-way and other public easements, as may be reasonably necessary, for the sole purpose of completing the Improvements contemplated herein and outlined in the approved Plans. 2.07. Permits. The Developer shall obtain any necessary permits from the City, the Minnesota Pollution Control Agency, the Minnesota Department of Natural Resources, the Minnesota Department of Health, the Minnesota Department of Transportation, Ramsey County, and any other agency that may have jurisdiction over the Property before proceeding with any construction. 2.08. Engineer Construction Observation of Public Improvements. a. The City engineer shall to the extent it deems reasonably necessary perform construction observation throughout construction of the Public Improvements and, accordingly, the Developer will allow the City and the City's engineer with complete access to the site at any and all times. The Developer shall provide the City and the City's engineer with a construction schedule prior to commencing construction, and the Developer agrees to make its best efforts to comply with said construction schedule. The Developer agrees to reimburse the City for all fees and costs associated with observation, review, inspections, and administration of the Public Improvements contemplated herein pursuant to section 3.01 of this Agreement. b. The Developer agrees to take all steps, at its sole expense, which the Director of Public Works and the City engineer reasonably deem necessary to satisfactorily complete the Public Improvements in conformance with the Plans. The Director of Public Works will notify the Developer in writing when it has fully completed the Public Improvements in conformance with the Plans, and Developer understands and agrees that the City will not be obligated to accept the Public Improvements until the Developer has received such notice from the Director of Public Works. 2.09. Maintenance and Ownership. Developer shall be solely responsible for maintenance of the Public Improvements during the construction thereof. Upon formal acceptance by the City via resolution, the Public Improvements shall become the property of the City without any further act or deed of the Developer; provided, however, that the City shall assume responsibility for repairs of the Public Improvements, normal wear and tear excepted, only after the warranty period outlined in section 2.05 has expired. 7 MU210-262-628764.v18