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04-12-21 McLarrin sworn
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04-12-21 McLarrin sworn
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9/15/2022 12:43:13 AM
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City Meetings
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City Council
Meeting Doc Type
Agenda Packet
Date
4/12/2021
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C. Upon completion of construction of the Project, County shall assume Rill ownership of and <br />responsibility for the maintenance and repair of the Project. <br />H. Funding <br />A. Upon execution of this Agreement by the Parties, the County will invoice the City for the Initial <br />Funding, and the City shall remit payment to the County, in such amount, within 30 days of receipt <br />of such invoice. <br />B. County is not obligated to deposit the funds provided by City pursuant to this Agreement in an <br />interest bearing account. As such, City is not entitled to receive any interest earned on such fiends. <br />If County chooses to deposit such funds in an interest bearing account, the interest earned thereon <br />will be retained by County. <br />III. City's Right of Access <br />During the construction of the Project, City will have the right of access to the construction site. <br />City will also have the right to review all documents, maps, plats, records, photographs, reports or drawings <br />affecting the Project. However, City shall give notice by telephone to the County Engineer prior to any <br />inspection of either the construction site or documents. In conducting said inspections, City shall not <br />interfere with the work in progress on the Project. <br />IV. City's Request for Records, Right to Review and Audit <br />A. County shall furnish to City a copy of the record drawings and specifications in connection with the <br />Project after its receipt of a written request from City. However, County has no obligation to furnish <br />said record drawings and specifications to City so long as any funds are owed by City to County <br />under this Agreement. <br />B. City and its authorized representatives have the right to review and audit all books, records, vouchers <br />and documents of whatever nature related to County's performance under this Agreement during the <br />period of performance of the Agreement and for three (3) years thereafter, or for so long as there <br />exists any dispute or litigation arising from this Agreement. City is responsible for the cost of the <br />duplication. <br />V. Term and Termination <br />This Agreement shall commence upon final execution by all the Parties and shall remain in full <br />force and effect until completion of the Project, unless earlier terminated in accordance with the terms of <br />this Agreement. This Agreement may be terminated by the County at any time, by providing thirty (30) <br />days' written notice to the City, in which case the County shall return any unexpended or uncommitted <br />funds previously provided by the City under this Agreement. In conjunction with the return of any <br />unexpended or uncommitted funds County shall provide City a written accounting substantiating the use of <br />any City funds expended by County and not returned to City. Should this Agreement be terminated, the <br />City shall not be entitled to any payment or reimbursement of interest that may have been realized by the <br />County on any such funds provided by the City. <br />VI. Assignment <br />A. Upon completion of the construction of the Project, City is assigned any rights that County may <br />have against the contractor, the design engineer, and the surety on the contractor's performance <br />bond, which relate to the Project. <br />
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