AG 2010 05 17 - Laserfiche WebLink

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4; iS S e s 3 d) The City shall obtain all necessary and required property rights associated with the Pokeberry Trail Sewer Line. The County shall reimburse the City for the Acquisition Costs. e) The City shall contract with a licensed utility contractor for the construction and installation of the Pokeberry Trail Sewer Line in accordance with the approved plans, specifications, and subject to the observation, construction management and inspections by City. 3. PAYMENT OF FINANCIAL OBLIGATIONS. a) Under Section 2 of this Agreement, the County shall pay to the City the Acquisition Costs, the whole sum paid to the sewer contractor and all permitting fees due to any governmental entity. Invoices from the contractor shall be reviewed and approved by the City to ensure that the work for which payment is requested has been completed to the City's satisfaction. The City shall forward a payment request to the County within two weeks of the City's approval of the contractor's invoice. The County shall have thirty (30) days to pay after receipt and verification of the invoice by the County. Notwithstanding any provision to be contrary, the County's responsibility for payment of any obligation pursuant to this Agreement is limited to the remaining Northwest Fee funds it has collected but not already expended. 4. GENERAL TERMS OF THIS AGREEMENT. a) Upon the City's acceptance of the Pokeberry Trail Sewer Line, the City shall assume ownership of and commence to operate, maintain, and repair the same, in accordance with the general water and sewer policies of the City, in accordance with all laws, ordinances, rules and regulations of all Governmental Authorities. b) Except as provided in this Agreement, neither party to this Agreement shall be liable to the other for failure, default, or delay in performance of its obligations hereunder if such failure, default, or delay is caused by strikes or labor problems, by acts of God, unavoidable accidents, fires, acts of a public enemy, delays in the receipt of materials through no fault of any party (excluding the failure to pay), or any other cause not within the control of the party obligated to perform. c) This Agreement sets forth the complete understanding between the County and City regarding the Pokeberry Trail Sewer Line. All prior discussions and representations regarding the Pokeberry Trail Sewer Line are merged into this Agreement. Any amendments to this Agreement must be in writing and signed by both parties. Attachment number 1 F-1 Page 49