Ord 1985-051 - Laserfiche WebLink

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Project shall be constructed in dedicated public rights-of-way or easements, or in designated sites granted to the City by the Developer. The Developer's engineers shall provide construction phase services. The City shall have the right to inspect the Project during construction. The Developer shall require its engineers to prepare as-built plan~ for all Facilities con- structed pursuant to this Agreement and reproducible copies thereof shall be provided to the City. Section 4: Cost of Project to be Funded by the Developer. The Developer hereby agrees promptly to pay, as they become due, all costs of the Project, including, without limitation, all costs of design, engineering, surveying, soil testing, materials, labor, construction, and inspection arising in connection with the Proj- ect; all costs incurred in connection with obtaining governmental approvals, certificates, permits, easements, or sites required as a part of .the Project, attorneys' fees; and all out-of-pocket ex- penses incurred in connection therewith. The City shall not be liable to any contractor, engineer, attorney, materialman, or other party employed or contracted with in connection with the Project, but shall only be liable as provided in Article II of this Agreement. Section 5: Acceptance by the City. Upon completion of con- struction of each Facility comprising the Project for each phase of the Project, the City shall, in company with the Developer's engineer, provide final inspection of that Facility and shall provide a list of any defects or deficiencies to the contractor. At such time as all such defects and deficiencies have been cor- rected to the satisfaction of the City, the Developer's engineer shall provide a certificate of completion to the Developer and the City. After the certificate of completion has been issued by the engineer and final payment to the contractor has been made by the Developer, the Developer shall provide a certificate, in du- plicate, in the form attached as Exhibit B hereto, to the City and the City shall note thereon its acceptance of the improve- ments thus constructed. The City shall not be obligated to ac- cept any Facility unless it is free and clear of all liens, claims, and encumbrances, other than the Developer's equitable interest described in Section 6 below. Section 6: Ownership and Maintenance of Improvements. Upon completion and acceptance of each Facility as provided in Sec- tion 5 above, the City shall assume ownership of such Facility and, during the term of this Agreement, responsibility for its operation and maintenance. Title to all such Facilities shall pass to the City upon delivery of the certificate relating -3-