Ord 1987-020 - Laserfiche WebLink

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District shall have access to construction for inspection purposes at all times. Upon completion of construction, both the City and the District must accept the work as final and acceptable, and approvals of all other relevant entities will be obtained by the Project Manager before the contrac- tor may be released and the job is complete. Construction will not be finalized until approved by the Commission, if applicable. (f) The Regional Faci li ties thus constructed shall thereafter be owned by the City, subject to the exclusive ownership of capacity by the District at the times and in the amounts described in Exhibit "D" hereto, subj ect to mutual modification. (g) In the event a party needs or desires to construct the Regional Facilities in advance of the schedule set forth in Exhibit liD" hereto, such party (the "Constructing Party") may do so at its sole expense, with the right to recover the share of the other party as hereinafter provided. The Constructing Party must send notice of its intent to the other party by certified mail, return receipt requested. If the non-constructing party elects to participate in early construction, it shall send notice of its agreement to the Constructing Party by certi fied mai 1, return receipt re- quested within forty-five (45) days of the postage date of the Constructing Party's notice. If the non-constructing Party does not respond to the invitation to early construc- tion, the Constructing Party may proceed. Upon completion of the construction and receipt of all approvals, the City shall be the owner of the facilities and the Constructing Party shall be the sole and exclusive owner of all rights to capacity in said facility. The non-constructing party may purchase the capacity it requires from the Constructing Party at its actual pro rata cost plus ten percent (10%) penal ty and actual interest costs, and only upon such payment may such capacity be used. All other provisions regarding construction described in this Section 3.08 apply to thi s paragraph (g) . (h) In the event a party cannot make its payments to the Project Manager within thirty (30) days of receipt of an invoice, (the "Non-Paying Party") the other party may assume the financial obligations of the Non-Paying Party and continue the contract as awarded. If such party does so, it will become owner of all the capacity upon completion of construction and receipt of all approvals, and assumption of -9-