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<br />...-'.::::!. --.... <br /> <br />. <br /> <br />. <br /> <br />AGREEMENT <br /> <br />THIS AGREEMENT is made and entered into this 1;0 day of ~~ , 1994, <br />by and between the KINGS ROW HOMEOWNERS ASSOCIATION (hereinafter" Association") <br />and BRYAN CAIRNS, d/b/a EVERGREEN SPRINKLER, a sole proprietorship (hereinafter <br />"Evergreen"); <br /> <br />WIT N E SSE T H: <br /> <br />WHEREAS, the parties hereto desire to cooperate in the construction project of a gravity <br />feed irrigation system (hereinafter "project"), located in the Kings Row Subdivision; and <br /> <br />WHEREAS, the parties desire to enter into this Agreement to set forth their <br />understanding concerning said project. <br /> <br />NOW, THEREFORE, for and in consideration of the mutual promises contained herein, <br />the parties agree as follows: <br /> <br />1. Proiect Design. The project design, as well as specifications and supplies to be <br />used, will be as set forth in the plans and specifications prepared by Resource Engineering dated <br />February 1993, Job No. 334-4.0, and the Plans and Specifications dated February 1992 (revised <br />3-31-92), Job No. 334-1.0, as modified by Evergreen's proposal and specifications attached as <br />Exhibits A and B-1, respectively, and incorporated herein by this reference. The specific <br />modifications to the plans and specifications are noted in Exhibit B-2. The plans and <br />specifications as modified are hereinafter referred to as the "Plans and Specifications. " <br /> <br />2. Drawings and Specifications. The intent of the drawings and specifications is that <br />Evergreen will furnish all labor, materials, equipment, and transportation necessary for the <br />proper execution of its work, unless specifically noted otherwise. Evergreen shall do all the <br />work outlined in the Plans and Specifications and all incidental work necessary to complete the <br />project in a substantial and acceptable manner, and fully complete the work or improvement, so <br />that it is ready for use and operation by the Association. <br /> <br />a. Discreoancies. Any discrepancies found between the Plans and Specifications and <br />site conditions or any inconsistencies or ambiguities in the Plans and <br />Specifications shall be immediately reported to the Association's designated <br />representative, who shall properly correct such inconsistencies or ambiguities in <br />writing. Any work done by Evergreen after its discovery of such discrepancies, <br />inconsistencies, or ambiguities shall be done at Evergreen's risk. <br /> <br />b. Additional Instructions. Further instructions may be issued by the Association's <br />designated representative during the progress of the work by means of drawings, <br />or otherwise to make more clear or specific, the Plans and Specifications or as <br />may be necessary to explain or illustrate changes in the work to be done. <br /> <br />F:\flLES\KINGS.IAG <br />October 19, 1994 <br />