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<br />given by the Applicant to the Director, who shall cause a final inspection of
<br />the water system to be made and shall within thirty (30) days accept the system
<br />for the County, provided all stipulations of this contract have been met.
<br /> 8. 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 County marked "As-Built".
<br />The final plans shall show the actual condition in which the facility was
<br />physically constructed and/or installed. Further, the final plans shall show
<br />the correct location of the facility as it related to easements, right-of-way
<br />lines, property lines, buildings, underground and/or overhead utility lines,
<br />roadways, railroads, and all other physical features that would have any effect
<br />or influence upon the constructed facility. The Professional Engineer employed
<br />to design the facility shall be responsible for the accuracy and completeness
<br />of the facility as shown on the final edition of the original construction
<br />plans. These original drawings shall become the property of the County.
<br /> 9. It is understood and agreed that when the described water system is
<br />constructed according to the plans, specifications, and standards of the County,
<br />said water system shall automatically become the property of the County without
<br />cost to the County, and without further agreement in connection therewith.
<br /> 10. The Applicant, having constructed the aforesaid water system at his
<br />own proper cost and expense and outside the County's standard policy for water
<br />extensions, agrees to waive all claims for compensation or monies refundable for
<br />any capital facilities constructed.
<br /> 11. Indemnification of the County. The Applicant will indemnify, hold
<br />harmless and keep harmless, the County and its agents and employees from and
<br />against all claims, damages, losses and expenses including attorney's fees -
<br /> arising out of or resulting from the performance of the work, provided that any
<br />such claim, damage, loss or expense is attributable to bodily injury, sickness,
<br />disease or death, or to injury to or destruction of tangible property including
<br />the loss of use resulting therefrom, and is caused in whole or in part by and
<br />negligent or willful act or omission of the APPLICANT, LICENSED UTILITY
<br />CONTRACTOR, any SUBCONTRACTOR(S) thereof or anyone directly or indirectly
<br />employed by any of them or anyone whose acts any of them may be liable.
<br /> In any and all claims against the County or any of its agents or
<br />employees, by any employee of the APPLICANT, LICENSED UTILITY CONTRACTOR, and
<br />SUBCONTRACTOR(S) thereof, anyone directly or indirectly employed by any of them,
<br />or anyone for whose acts any of them may be liable, the indemnification
<br />obligation shall not be limited in any way by any limitation on the amount or
<br />type of damages, compensation or benefits payable by or for the APPLICANT,
<br />LICENSED UTILITY CONTRACTOR, any SUBCONTRACTOR(S) thereof, under Workman's
<br />Compensations Acts, Disability Benefit Acts or other employee benefits acts.
<br /> Without limiting the foregoing, all of the provisions of Paragraph 11
<br />shall apply without limitation to any claim or action in the nature of trespass,
<br />inverse condemnation, nuisance or similar claim or action for damage to real
<br />and/or personal property.
<br /> 12. The APPLICANT agrees to begin construction of the herein described
<br />water main(s) within a period of 6 months and to complete construction, ready
<br />for County acceptance, within 5 months following Commissioners approval of this
<br />contract. If the construction of the water main(s) does not adhere to the above
<br />time schedule, then the County may, upon a thirty (30) day written notice,
<br />terminate the following Paragraphs of this contract: 1,2,3,6,7,8, and 9. The
<br />remaining provisions of this contract shall remain in full force and effect.
<br /> Upon termination of this contract under the provisions of this Paragraph,
<br />the APPLICANT agrees to the following:
<br /> 1. The ownership rights of any and all water pipe and related accessories
<br /> installed under this contract will automatically be transferred to the
<br /> County free and clear of all liens and claims.
<br /> 2. Ail easements and/or rights-of-way directly related to this contract
<br /> will be transferred to the County in a form satisfactory to the County
<br /> within thirty (30) days after termination of this contract under the
<br /> provisions of this Paragraph.
<br /> 13. The APPLICANT agrees to provide to the County, one (1) meter per lot
<br />of the development, of suitable size, meeting County standards.
<br /> IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
<br />executed, the day and year first above written.
<br />
<br />ATTEST:
<br /> /s/ Phillip L. Kingsland
<br /> WITNESS
<br />
<br />BY: /s/ James R. Eudy
<br />APPLICANT
<br />CABARRUS COUNTY, NORTH CAROLINA
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