1996-01-22 Regular Meeting - Laserfiche WebLink

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capacity. Thence along/thru City of La Porte rights -of -way and/or easements to said Owner's property. Provided, however, that should City not possess all necessary rights -of -way and/or easements to complete said extension(s), Owner shall be solely responsible for obtaining said additional rights -of -way and/or easements at no cost to City. (4) Owner agrees to pay all costs related to the construction and installation of said line(s) including necessary appurtenances in conformance with City's standards and specifications for said line(s). Owner further agrees to pay all engineering fees for survey, design, contract documents, bidding, construction staking, and preparation of record drawings. Owner shall be responsible for all other customary charges such as permit, tap, and meter installation fees. (5) Owner agrees to inspection by City, of the mains during construction. Inspection shall be performed as deemed appropriate and necessary by City. As a condition of acceptance of utility mains by City, Owner agrees to provide City with a one year warranty on material and workmanship. (6) Subject to the provisions of this agreement, City hereby agrees to the construction and installation of said utility main(s) according to the plans and specifications to be prepared by the Owner's engineer and approved by the City. City shall reserve the right to review and approve the Contractor to be engaged for construction of public utilities. (7) City agrees to accept the value of these utility mains as Owner's pro rats portion of the prevailing square footage and/or front footage connection charge for water and/or sewer service against said property belonging to Owner. (8) Upon execution of this agreement and compliance with terms herein and upon receiving Final Plat approval from the Planning and Zoning Commission, City agrees to authorize construction of utility mains. Owner shall require the contractor under such contract to diligently pursue the construction of the project to completion. It is, however, understood that the completion of the work is subject to "force majeure". (9) In the event that other owners of property abutting the line(s) extended by Owner under this contract shall utilize the extended line(s) constructed under this agreement, by making connection thereto under a permit from City, Owner recognizes that there are no reimbursement obligations on the part of the City or owners of abutting property. (10) Owner and City recognize that City of La Porte Ordinance 96-2089 in Section 4, Paragraph 1, anticipated the cash consideration for street and alley closings to be subject to future adjustment, based on final