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18655 <br />tenant without good cause during the three years preceding the <br />date of application for preliminary conversion permit. <br />Section 7. Final Conversion Permit Approval. The following <br />are conditions of final permit approval: <br />~.a7 V~arrant~. Execution by the developer of a warranty <br />in favor of the unit owners association, purchasers of all condo- <br />minium units, and any remaining tenants in the~buildi.ng, covering <br />and warranting the materials, workmanship, operation, construction <br />and condition of each cannon element and components thereof in the <br />building to be converted fvr two years from the date of conveyance <br />or sale of the first unit or share in the building sold to a con- <br />dominium or cooperative unit purchaser. No common element or com- <br />ponent thereof need be warranted if it is certified in the engineer/ <br />architect's report as having an expected useful life of greater <br />than thirty X30} years or the remaining useful life of the building, <br />whichever is the smaller. The developer shall provide his own <br />warranty whether or not any manufacturer's warranty currently <br />exists. ~'or the purposes of this subsection, no unit shall be <br />deemed conveyed un],ess conveyed to a bona fide purchaser. Na action <br />to enforce the warranty created by this subsection may be brought <br />after one year from the date such warranty period has expired <br />except for structural defects which occurred during the warranty <br />period which were latent and undetected in fact; and in the event <br />of such latent defects , no action shall be brought after six <br />months from the date such defect is detected. <br />1. Compliance with warranty. To insure compliance <br />.... ~ .. <br />with the warranty set forth in this section, the developer <br />shall set up escrows for other securities? or execute a <br />bond, acceptable tv the City, pursuant to administrative <br />rules promulgated under this Ordinance. Any such escrows <br />or securities shall revert to the sole control of the <br />developer at the expiration of the warranty period unless <br />any warranty claim exists against it. Escrows or other <br />appropriate. securities shall be in an amount constituting <br />104 a of the estimated replacement cost for all items war- <br />ranted. Any bond given as security shall separately band <br />payment by the developer of warranty claims on each item <br />warranted. <br />2. Inclusion in Contracts. All sales contracts <br />for the first time sale of any condominium unit covered <br />under this Ordinance and entered into during the warranty <br />period shall contain the above express warranty by the <br />developer. <br />3, warranty Exclusions, The follo~ring are exempted <br />from the above warranty provided the work was performed <br />in accordance with then existing applicable codes: <br />Ordinance - 18 <br />