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<br />-4- <br /> <br />ARTICLE 4. <br /> <br />CONSTRUCTION OF WATER TRANSMISSION LINE <br /> <br />Subject to the terms and conditions of this Agreement, City hereby <br /> <br />installed <br /> <br />to construct and <br /> <br />sixteen <br /> <br />(the <br /> <br />agrees <br /> <br />"Water <br /> <br />Line") <br /> <br />A. <br /> <br />4.01. <br /> <br />4.02. <br /> <br />4.03. <br /> <br />4.04. <br /> <br />4.05. <br /> <br />4.06. <br /> <br />4.07. <br /> <br />install <br /> <br />to be <br /> <br />or <br /> <br />cause <br /> <br />constructed <br /> <br />and <br /> <br />inch <br /> <br />(16") <br /> <br />a <br /> <br />water <br /> <br />transmission <br /> <br />line <br /> <br />through Owner's 429 acres of <br /> <br />land described in Exhibit <br /> <br />City shall solicit bids for the construction of the 16" <br />water transmission line in accordance with the bid <br />procedures which City is required to follow under its <br />Charter and any and all applicable State and Federal <br />laws. <br /> <br />The construction of the Water Line shall be in accordance <br />with the plans and specifications prepared by City's <br />engineer. <br /> <br />Owner shall donate to the City a permanent fifteen foot <br />(15') wide easement for the construction, reconstruction, <br />installation, operation and maintenance of the Water Line <br />and a temporary fifty feet (50') wide construction <br />easement along the entire length of the Water Line. The <br />location of said IS' permanent easement and 50' temporary <br />construction easement is subject to the express written <br />approval of Owner. <br /> <br />City shall enter into one or more contracts with the <br />contractor who submits the lowest and best responsible <br />bid, as determined by City, for the construction of the <br />Water Line; and, shall perform any and all other acts <br />reasonable or appropriate in order to complete the <br />construction of the Water Line in accordance with the <br />plans and specifications prepared by its engineer. <br /> <br />City agrees to award a contract for construction of <br />water line on or before October 1,1988. <br /> <br />the <br /> <br />City agrees to have installed fittings, Ts, and <br />connections, at the time of the construction of the Water <br />Line, as are required to adequately serve the development <br />of that section of Owner's property which is shown as <br />Section 7 on Exhibit B. <br /> <br />Owner and City agree that the plans and specifications <br />for the construction of the Water Line prepared by City's <br />engineer will include provisions: <br /> <br />(a) providing for the installation of fittings, Ts and <br />connections as required herein Article 4.06; and, <br /> <br />(b) allowing wastes from said construction which can <br />burned to be burned on-site; and, <br /> <br />be <br /> <br />(c) requiring wastes from said construction which cannot <br />be burned to be hauled and disposed of off-site by <br />City's contractor; and, <br /> <br />(d) requiring usable spoil from the excavation to be <br />windrowed where permissable and non-usable spoil to <br />be hauled and disposed of off-site by City's <br />contractor; and, <br /> <br />(e) requiring Owner's approval before the removal of any <br />tree more than 6 inches in diameter by City's <br />contractor. <br />