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558 <br /> <br />10. <br /> <br />11. <br /> <br />12. <br /> <br />13. <br /> <br />The Applicant shall show satisfactory evidence that he has obtained and <br />recorded in the Cabarrus County Registry, proper agreements covering <br />rights-of-way and that the same is free and clear of encumbrances. <br /> <br />The Applicant shall employ at his own proper cost and expense a <br />Professional Engineer registered in North Carolina who shall design, lay <br />out and supervise the construction of these certain sanitary sewer <br />lines, including any lift stations and force mains that may be required. <br />Complete plans and profiles detailing all proposed construction and <br />equipment must be approved by the County Engineer prior to beginning any <br />construction. Said construction plans shall be prepared to County <br />standard plan and profile. <br /> <br />The Applicant further agrees that upon approval of said Contractor and <br />sanitary sewer plans by the County Engineer, the owner of said <br />properties requesting sanitary sewer shall guarantee the installation of <br />the required sanitary sewerage system. Upon completion of the sewerage <br />system as described, written notice thereof shall be given by the <br />Applicant to the County Engineer, who shall cause a final inspection of <br />the sewerage system to be made and shall within thirty (30) days accept <br />the system for the County, provided all stipulations of this contract <br />have been met. <br /> <br />After completion of all construction, the Applicant shall furnish the <br />original drawings of all construction plans, revised to show any and all <br />revisions encountered during construction, to the Cabarrus County <br />Utility Department marked "As-Built". The final plans shall show the <br />actual condition in which the facility was physically constructed and/or <br />installed. Further, the final plans shall show the correct location of <br />the facility as it relates to easements, right-of-way lines, property <br />lines, buildings, underground and/or overhead utility lines, roadways, <br />railroads, and all other physical features that would have any effect or <br />influence upon the constructed facility. The Professional Engineer <br />employed to design the facility shall be responsible for the accuracy <br />and completeness of the facility as shown on the final edition of the <br />original construction plans. These original drawings shall become the <br />property of the County. <br /> <br />It is further understood and agreed that if any of the above described <br />sewer lines are served by or connected in any manner to pressure lines <br />of lift stations, the design of such pressure lines and lift stations <br />shall be in accordance with the requirements of the Cabarrus County <br />Utility Department and shall be designed to cover any future expansion <br />necessary to accommodate all anticipated flows in the drainage area in <br />which the lines are located. <br /> <br />It is understood and agreed that when the described sewer system is <br />constructed according to the plans, specifications, and standards of the <br />Cabarrus County Utility Department, said sewer system shall <br />automatically become the property of the County without cost to the <br />County, and without further agreement in connection therewith. <br /> <br />The Applicant, having constructed the aforesaid sanitary sewer at his <br />own proper cost and expense and outside the County's standard policy for <br />sewer extensions, agrees to waive all claims for compensation or monies <br />refundable for any capital facilities constructed. <br /> <br />Indemnification of the County. The Contractor/Developer will indemnify, <br />hold harmless and keep harmless, the County and its agents and employees <br />from and against all claims, damages, losses and expenses - including <br />attorney's fees - arising out of or resulting from the performance of <br />the work, provided that any such claim, damage, loss or expense is <br />attributable to bodily injury, sickness, disease or death, or to injury <br />to or destruction of tangible property including the loss of use result- <br />ing therefrom, and is caused in whole or in part by any negligent or <br />willful act or omission of the DEVELOPER, CONTRACTOR, and SUB- <br />CONTRACTOR(S), or anyone directly or indirectly employed by any of them <br />or anyone for whose acts any of them may be liable. <br /> <br /> <br />