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pf07-033
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Last modified
5/29/2014 9:46:25 AM
Creation date
6/17/2013 3:22:25 PM
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Planning Files
Planning Files - Planning File #
07-033
Planning Files - Type
Variance
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� <br />.� <br />Exclusions: Bonds, permits, testing, engineering and surveying, removal and disposal of hazardous materials, soils correction <br />Work (unforeseen sub-terrain), damage to unmarked electriq sewer, water, irrigation systems, building foundation or telephone lines, <br />cable N lines located on or near the construction area, damaged grass or tree root systems, sod restoration or removal of <br />waste caused by others. It will be at no expense to the contractor to move or tow vehicles in the construction zone after the job has <br />been scheduled. If area is not accessible due to any of these exclusions, a remobilization charge will be assessed. Customer <br />responsible for private underground line location. <br />Guarantees: Acceptance of this work as outlined above provides a two-year guarantee (not applicable to concrete) from default work <br />as it is determined to be as a result of the installation process. Normal wear of asphalt includes expansion cracks and inconsistencies <br />in the asphalt mat as It relates to aggregate segregation will create areas of porosity. If drainage is less than 2% slope, there may be <br />areas of standing water. Guarantee will not include tire marks or heavy truck traffic. <br />Warranty and Claims: Contractor agrees to warranty all labor and materials to the extent of all manufacturers' <br />warranties. The Owner shall give written notice of all claims within thirty (30) calendar days of the date of completion of Contract <br />Work. All owner property claims must be submitted through Owner's insurance. Contractor shall NOT be liable for any damages <br />caused through the normal course of construction. <br />CONTRACTOR'S LIEN NOTICE TO OWNER <br />ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR 7HIS IMPROVEMENT 70 YOUR <br />PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR <br />THEIR CONTRIBUTIONS � <br />UNDER MINNESOTA LAW YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS <br />FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE OR <br />WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE <br />IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR <br />MATERIALS FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE: � � <br />CONTRACTINTERPRETATION <br />Entire Agreement: This Contract is for the beneft of the parties listed and represents the entire agreement between <br />the parties and unless specifically referenced herein supersedes all prior negotiations, representations or agreements, <br />either oral or written. This contract shall be governed by the laws of the State of Minnesota. <br />Cancellation: The owner has an unconditional right to cancel the contract, without penalty or obligation, until midnight <br />of the third business day after helshe signs the contract. Cancellation must be done by giving the contractor written <br />notice indicating the owner's intention NOT to be bound. Notice of cancellation shall be deemed given when deposited <br />in a mailbox, property addressed and postage prepaid. Upon cancellation, any property traded in, any payment made <br />under this contract, and any negotiable� insirument executed by you will be returned within 10 business days following <br />receipt by the contractor of a cancellation notice. Any securing interest arising out of this transaction will be cancelled. <br />Earth Wizards,lnc. Authorized Signature <br />Customer or Company Authorized Signature <br />Date <br />Date <br />Kris Simonson, Owasso Bivd. W., Rosevilie, MN 55113 (651-303-9946) Page Two of Two <br />
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