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HomeMy WebLinkAboutTHE ROSE GARDEN; 1981-08-19;... public work and improvement required t o be done in and adjoining ·said subdi~ vision in the construction of a complete water system to se~ve said property. Said wor·k shall be done and performed in a good and workmanlike manner undei • • the direction of and satisfactory to the District, all in strict conformity • " and in a~cordance with the plans and specifications covering said work · and the general specifications covering said work and the general specifi-. , .. '• cations for pipeline construction adopted by the District. Subdivider will . , ... furnish all necessary materials and labor required in said work and will ·•. :: pay and discharge all bills-and claims arising out of the performance of said work. 2. Subdivider agrees that .all of the work covered by this agreement will be completed on or before 365 calendar days from t~e date of this agreement. 3. Subdivider agrees to pay to District on demand the full amount of :. all District's cost incurred in connection with the work, including plan checking, inspection, materials furnished, and all other expenses of the District directly attributable to the work, plus a reasonable amount for the District's overhead in connection therewith. Subdivider shall deposit . with the District concurrently with the execution of this agreement the •• ··, •.• .• sum of _$_3_,3_0_0_.o_o __ , bei~g the estimated amount of District's expe~ses. Should the expenses incurred by the Di'strict be in excess of said deposit, \ Subdivider shall pay the amount of such excess to District• on demand. Should District's expenses be less than the amount deposited, District shall refund to Subdivider the difference upon completion of the work and its acceptance by District. .- 4. • Until such time as all public improvements proposed to be construt~~ ted in said subdivision, including streets, curbs, drains, sewers, gas and utility lines, grading and the improvements required for the complete water • system and necessary appurtenances as set forth in all of the agreements with the District shall have been completed and accepted by District and · all other public authorities having jurisdiction, Subdivider shall be responsible for the care, maintenance of and damage to the complete water system and necessary appurtenances for the proposed subdivision . No per- -2- '., ... .. • .. .,. -... manent water ·service to any parcel of land within the subdivision shall be ' allowed until the complete water system and appurtenances for the subdivi- sion have been accepted by the Distri ct. 5. Until such time as the work covered by the agreements with the District for the complete water system and appurtenances for the subdivi~ ,., I sion have been finally accepted, by the District and title thereto, together with all necessary easements and rights-of-way transferred to the District , • and accepted by the District~ the District shall be under no obligation to furnish water to said subdivision (other than such construction water as may be delivered under a temporary service agreement with Subdivider). No improvements which may be constructed within the subdivision shall be permitted to be occupied until the District has finally accepted the complete water system and appurtenances thereto. 6. Subdivider, at the expense of Subdivider, shall furnish to the District any necessary easements, documents and title policy (policies) to insure title of all necessary easements in the record name of the Dis- trict. The District shall determine the acceptability of any necessary easements, documents and title policy (policies). 7. The acceptance of the work on behalf of the District shall be made by the Board of Directors of the District upon recommendations of District's Manager and District's Engineer. Such acceptance shall not constitute a waiver by District of any defects in the work. Subdivider, . . . by this agreement, guarantees for a period of one (1) year from acceptance~.~ all of the work covered by this agreement,.and shall repair and replace any and all work that may prove defective in workmanship and/or materials within said one-year period without expense to the District. In the event of failure to comply with the provisions of the guarantee within ten (10) days after notice in writing, District is authorized to have the defects repaired and made good at the expense of Subdivider, and Subdivider shall pay the cost thereof on demand. However, in the event of an emergency, District is authorized to have the defects repaired, without not~ce, at the expense of Subdivider and Subdivider shall pay the cost thereof on demand. -3- ' I I•