BC 1995 06 05 - Laserfiche WebLink

Home Browse Search

436 Agreement do exist, have happened and have been performed in regular and due time, form and manner as required by law, and the parties hereto are now duly authorized to execute and enter into this Agency Agreement; NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND OF THE MUTUAL AGREEMENTS AND COVENANTS CONTAINED HEREIN AND FOR OTHER VALUABLE CONSIDERATION, THE PARTIES HERETO DO HEREBY AGREE AS FOLLOWS: SECTION I. Board to Act as Agent of the County. The County hereby irrevocably appoints the Board as its agent in connection with the construction of the Project. The Board, as the agent of the County for the foregoing purpose, shall cause the construction of the Project to be completed on or before the completion date set forth in the Installment Agreement and otherwise in accordance with the Installment Agreement and any applicable requirements of governmental authorities and law. The County shall at all times be the Owner of the Project and any and all materials to be incorporated therein. SECTION II. Project Description. The Board shall have the right to make any changes in the description of the Project or of any component or components thereof with the prior written consent of the County; provided, however, that any such change shall not alter the public purpose of the Project and that any increase in the cost of the Project resulting from such a change shall, to the extent the increased cost exceeds the total balance in the Escrow Fund (as defined in the Installment Agreement and the Escrow Agreement), including any estimated investment income thereon, be payable solely from other funds of the Board, which shall be transferred to the Escrow Agent/Trustee for deposit to the credit of the Escrow Fund prior to the approval of any such changes to the Project. SECTION III. Board's right to Enforce Contracts. The County hereby assigns to the Board as the County's agent for the purposes of this Agreement all of its rights and powers under all purchase orders and contracts as it enters into with respect to the Project, and the Board shall have the right to enforce in its own name or the name of the County such purchase orders or contracts; provided, however, that the assignment by the County shall not prevent the County from asserting said rights and powers in its own behalf. SECTION IV. Construction Conferences. The Board hereby agrees that it will provide to the County Manager timely notice of all conferences with representatives of the architects, contractors and vendors with respect to the Project and that the County Manager of his designee shall have the right to attend all such conferences. SECTION ~. Compliance with Trust Agreement and Installment Agreement. The Board agrees that it will faithfully discharge all duties imposed on the County by the Escrow Agreement and the Installment Agreement with respect to the construction of the Project and the operation, maintenance and insuring of the Facility and the Real Property (as defined in the Installment Agreement). SECTION VI. Compliance with Requisition Procedure. The Board agrees that it will comply with the requisition procedure for the payment of Project Costs (both as defined in the Installment Agreement and the Escrow Agreement) as provided in the Escrow Agreement and that it will provide a copy of each requisition to the CountyVs Director of Finance. SECTION VII. Acceptance. The Board, for one dollar ($1.00) and other good and valuable consideration in hand received, does hereby accept the foregoing appointment as agent of the county for the purposes set forth in Section I hereof. SECTION VIII. Disclaimers of the County. The Board acknowledges and agrees that the design of the Project has not been made by the County, that the County has not supplied any plans or specifications with respect thereto and that the County (a) is not a manufacturer of, or a dealer in, any of the component parts of the Project or similar projects, (b) has not