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Res 2024-140 approving a developer participation agreement with Lennar Homes of Texas Land and Construction, Ltd., providing for the city to participate in the cost of waterline construction along Staples Road
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Res 2024-140 approving a developer participation agreement with Lennar Homes of Texas Land and Construction, Ltd., providing for the city to participate in the cost of waterline construction along Staples Road
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8/22/2024 10:30:51 PM
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8/22/2024 10:30:36 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2024-140
Date
8/5/2024
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the Developer in the installation of the Improvements shall be the responsibility of the <br /> Developer and shall not be deemed employees or agents of City for any purpose. <br /> 2.1.4 Performance Bond. Developer,at City's sole cost and expense,will execute <br /> a performance bond to ensure completion of the Improvements. The bond must be <br /> executed by a corporate surety in accordance with the Chapter 2253 of the Texas <br /> Government Code. <br /> 2.1.5 Warranty. The contract with the contractor will provide for at least a one- <br /> year warranty against defects in materials and workmanship. This warranty obligation <br /> shall be covered by any performance or payment bonds required of the contractor under <br /> the terms of the construction contract and this Agreement. <br /> 2.1.6 Completion and Acceptance. The date of completion shall be the date on <br /> which the City accepts the Improvements in accordance with the City's applicable <br /> ordinances, standards and processes and provides notice of such acceptance in writing to <br /> the Developer.Prior to the City's acceptance of the Improvements,Developer shall,among <br /> other applicable requirements,provide to the City a one-year warranty from the contractor <br /> against defects in materials and workmanship in the Improvements and a notarized <br /> affidavit stating that all bills for labor, materials, and incidentals incurred have been paid <br /> in full, that any claims from manufacturers, materialmen and subcontractors have been <br /> released, and that there are no claims pending of which Developer has been notified. <br /> 2.1.7 Pump and Haul Option for Delay in Completion. In the event that the City <br /> is unable to provide approval of the wastewater collection, transportation, treatment and <br /> disposal services to the Development infrastructure installed by Developer or such <br /> improvements are not fully operational due to the inability to connect to other offsite <br /> municipal and water and wastewater infrastructure necessary to serve the Development <br /> sufficient to accommodate the allocated living unit equivalents for such Development,City <br /> hereby consents to allow the Developer to provide temporary collection, transportation, <br /> treatment, and disposal of wastewater from the Property utilizing the pumping of <br /> wastewater for vehicular transport to an offsite point of disposal, i.e., pump and haul <br /> method, pursuant to the terms and conditions of a separate temporary pump and haul <br /> wastewater services and disposal agreement between Developer and City. In no event, <br /> however,shall such delay by City require temporary pump and haul services be longer than <br /> six(6)months. <br /> 2.1.8 Change Orders. <br /> (a) All extra work or change to the work (each, a "change order") may be <br /> requested by Developer in writing and shall include an itemization of the requested <br /> change,together with the estimated extra work or changes to the scope of work cost <br /> of the changes and shall be submitted to City ("request for change order"). Upon <br /> submission of the request for change order, the City shall provide its written <br /> approval or disapproval within five (5) business days or such request for change <br /> order shall be deemed approved by the City. Any disapproval shall specifically <br /> state the reason for disapproval and Developer can revise and resubmit the request <br /> for change order in the procedures stated above until approved.(b) Following <br />
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