Agmt 2005 Hudson ICS - Laserfiche WebLink

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2. Work; Satisfaction of City Engineer. All of the work on the required improvements is to be done at the places, with the materials, in the manner, and at the grades, all as shown upon the approved plans and specifications, and to the reasonable satisfaction of the City Engineer. 3. Work; Inspections; Fees. The City Engineer or his designee shall inspect all of the improvements made pursuant hereto to determine that they comply with all City regulations. Concurrently with the execution of this agreement, the Owner shall deposit with the City the sum of FIVE THOUSAND DOLLARS ($5,000) to cover the cost of inspection of the improvements. Owner hereby agrees to increase the amount of the deposit to pay City the actual cost of inspection if such costs should exceed the original deposit. 4. Modification for Unforeseeable Circumstances. Owner reserves the right to modify said plans and specifications as the development progresses should unforeseen conditions occur, providing written approval is first obtained from the Cit~En ~neer. The City shall bear no responsibility whatsoever for work performed and rejected by the City Engineer. City reserves the right to make reasonable modifications to the plans and specifications whenever field conditions and/or public safety require such modifications. Owner shall pay City for all costs incurred in plan checking and inspection resulting from said modifications. 5. Work; Time for Commencement and Performance. Ciry hereby fixes the time for the commencement of the required work to be on or before the 19"' day of September, 2005, and for its completion to be on the 18r~ day of September, 2006. At least 15 calendar days prior to the commencement of work hereunder, Owner shall notify the City Engineer in writing of the date fixed by Owner for commencement thereof, in order that the City Engineer shall be able to provide services for inspection. Concurrently with the execution of this agreement, Owner shall deposit with City the sum of $52,859 to defray costs to be paid by City to Union Pacific under the Railroad Crossing Agreement (consisting of $29,800 for crossing rights and estimated cost of $23,059 for signal arm relocation). Upon STANDARD PUBLIC YMPROVEMENT AGREEMENT Page 3 of 16 G:A_LD\ Address\400 Hudson Ln -Hudson ProperfyU 155057_3.DOC 1155057.3