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Agmt08 South Bayside System Authority SBSA
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Agmt08 South Bayside System Authority SBSA
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Last modified
10/21/2008 8:12:46 AM
Creation date
10/21/2008 8:12:45 AM
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Template:
Agreement
Contractor Name
South Bayside Authority Systems
PROJECT NAME
Cost Sharing Agreement for Rehabilitation of Exterior Levee Adjacent to SBSA Property
RMP File Number
304
Date
9/25/2008
MO Ref
08-147
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<br />personal, written, telephonic, or other electronic communication. SBSA's construction manager <br />and City's representative shall cooperate and consult with each other; however, any decision that <br />deviates from the Contract Documents shall be subject to the approval of City's representative <br />and SBSA's construction manager. <br />19. SBSA shall submit to City a final report that describes the work performed. <br />20. City hereby grants to SBSA permission and license to enter and occupy that portion of <br />the Perimeter Levee that comprises the site of the Segment III Project for the purpose of <br />constructing said Project and all necessary or appropriate activities pertaining thereto. The <br />permission and license shall commence upon the date hereof and shall remain in full force and <br />effect for the duration of the construction of the Segment III Project, acceptance thereof by SBSA, <br />and for the period of time during which all guarantees or other obligations of SBSA's general <br />contractor for the Project remain in effect from and after acceptance by SBSA of said Project. City <br />hereby warrants and covenants that City possesses an easement or other property rights in the <br />Perimeter Levee, including the site of the Segment III Project, at least commensurate with the <br />permission and license hereby granted to SBSA. <br />21. SBSA shall not accept the improvements constructed as part of the Segment III <br />Project that are located within City's easement without City's City Engineer's final inspection and <br />approval and the submission of record drawings to City. A copy of the record drawings on mylar <br />shall be provided to the City's City Engineer. <br />22. If City disapproves the Segment III Project after final inspection, City shall specify in <br />writing the reason(s) for disapproval, which shall be limited to defects resulting from failure of the <br />construction to conform to the requirements of the Contract Documents. <br />23. Upon SBSA's concurrence with the specified reason(s), SBSA shall direct its general <br />contractor to remedy the defects. Upon completion of any corrective action by said contractor, or <br />if no defects exist, City shall notify SBSA in writing of City's approval for acceptance of the <br />Segment III Project. Thereupon, SBSA shall accept the Project and cause a Notice of Completion <br />thereof to be recorded. <br />24. Not less than thirty-five (35) days following recordation of the Notice of Completion, <br />SBSA shall assign to City all right, title and interest in the Segment III Project, including all <br />guarantees or warrantees pertaining thereto. <br />25. Upon successful completion, acceptance, and transfer of all right, title and interest in <br />the Segment III Project by SBSA, City shall assume maintenance responsibility for all of the <br />improvements constructed as part of said Project. <br />26. Representatives of the respective Parties for administration of this Agreement and for <br /> <br />5 <br /> <br />. RC/SBSALeveeSegll.lAgmr)t050708r <br />
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