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6.1.D. - Page 4 <br />NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS <br />FOLLOWS: <br />1. GENERAL DESCRIPTION OF SERVICES AND OBLIGATIONS <br />DU shall construct the Bridge as consideration for the Three Hundred Thousand <br />Dollars ($300,000.00) contribution from the City. DU shall carry out the Project in <br />accordance with this Agreement. The City Funds provided to DU under this Agreement <br />are to be used solely for the construction of the Bridge and associated public access <br />elements (as described in the Work Program) in accordance with the specifications set <br />forth in the Work Program incorporated herein by this reference. <br />2. PAYMENTS <br />In consideration of DU's performance of all the obligations and requirements <br />under this Agreement, City shall pay from its CIP program funds Three Hundred <br />Thousand Dollars ($300,000.00) ( "City Funds "). The City Funds are payable to DU as <br />set forth in the Costs and Disbursements section of this Agreement. DU shall provide <br />any funds beyond those granted under this Agreement which are needed to complete <br />the Bridge. <br />3. CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT <br />DU shall not begin construction of the Project and the City shall not be obligated <br />to disburse any funds unless and until the following conditions precedent have been met: <br />A. DU has executed this Agreement. <br />B. DU has provided written evidence to the City that DU has provided for <br />required insurance coverage, including additional insured endorsement, as described in <br />the "INSURANCE" section, below. <br />C. A detailed Project budget (the "Project Budget "). The Project Budget <br />shall describe all labor and materials costs to be incurred to complete the Project. For <br />each Project component, the Project Budget shall list all intended funding sources, <br />including grant funds, DU's required contribution and all other sources of monies, <br />materials, or labor. <br />D. DU shall submit a detailed work program to the City for review of its <br />consistency with this Agreement. <br />4. WORK PROGRAM <br />The work program shall include: <br />A. Bridge construction plans and specifications which have been certified by <br />a registered engineer. <br />ATTY /AGR /2011.009 /DUCKS UNLIMITED <br />032511 revised final version <br />2 <br />