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2010-05-26 CC Packet
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2010-05-26 CC Packet
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effective date of this agreement. The City will submit to the District <br />documentation of Project expenditures and the certification of completion. <br />11. DISTRICT RESPONSIBILITIES. <br />A. Cost -Share Funds. To defray the Project cost to the City, the District will <br />provide the City cost -share assistance in the amount of 50 percent of the <br />Project contract, not to exceed $50,000. <br />B. Payment Schedule. On District approval of the Project plans and <br />specifications and maintenance plan, certification by the City that it has <br />obtained all necessary permits and approvals, and receipt of the City's issued <br />notice to proceed, the District will disburse 50 percent of the RCWD Board <br />approved cost -share amount to the City. On District receipt of the certification <br />of completion and review of such project documentation as it may require, the <br />District will disburse the rest of the funds. <br />C. Contingencies. The District's obligation to provide cost -share funds is <br />contingent on the City's compliance with the terms of this agreement, including <br />but not limited to Project completion in accordance with the District - approved <br />plans and specifications within 24 months. The City will return to the District <br />any cost -share funds already received if this condition is not satisfied. <br />Ill. MISCELLANEOUS. <br />A. Relationship of Parties. Nothing in this agreement creates or establishes <br />a partnership, joint venture or agency relationship between the parties. District <br />review or approval of design plans and specifications, a maintenance plan and <br />any other Project - related documents is solely for the District's own accounting <br />for funds expended. As between the parties, the City is solely responsible for <br />selection of the Project design and the means, method and manner of <br />construction. Nothing in this agreement creates any right in any third <br />party or affects any immunity, defense or liability limitation enjoyed by <br />either party. <br />B. Employees. The City represents that it has or will secure, at its own <br />expense, all personnel and /or contractors required for the performance of this <br />2 <br />11 <br />
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