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However, before commencing the construction of any improvements herein agreed upon for <br />public rights -of -way or easements, Property Owner shall acquire, at its own expense, good and <br />sufficient rights -of -way and easements on all lands and facilities traversed by the proposed <br />improvements. All such rights -of -way and easements used for the construction of roads to be <br />accepted by the County shall be conveyed to the County and the documents of conveyance shall <br />be furnished to the County for recording. <br />3.0 Construction: Property Owner shall furnish and install, at its own expense, the <br />improvements identified on the accepted construction plans, costs listed on Exhibit "A ", and <br />described in parts A and D of this agreement, which is attached hereto and/or incorporated herein <br />by reference, with the improvements interior to the Property being completed by the dates set <br />forth on Exhibit "B" (On- Site), and improvements to public rights -of -way or easements being <br />completed also in accordance with the schedule set forth in Exhibit "B" (Off- Site). The Board of <br />County Commissioners, at its option, may grant an extension of the time of completion stated <br />herein upon application by the Property Owner. <br />3.1 Said construction shall be in strict conformance to the plans and drawings <br />approved by the County and the specifications adopted by the County. <br />3.2 Property Owner shall employ, at its own expense, a qualified testing <br />company previously approved by the County to perform all testing of <br />materials or construction; and shall furnish copies of test results to the <br />County. <br />3.3 At all times during said construction, the County shall have the right to <br />test and inspect, or to require testing and inspection of material and work, <br />at Property Owner's expense. Any material or work not conforming to <br />the approved plans and specifications, to include but not limited to <br />damages to property adjacent to the construction plan area shall be <br />repaired, shall be removed and replaced to the satisfaction of the County at <br />Property Owner's expense. <br />3.4 Said USR improvements shall be completed, according to the terms of this <br />Agreement, within the construction schedule appearing in Exhibit "B." <br />The Board of County Commissioners, at its option, may grant an <br />extension of the time of completion of items shown on the accepted <br />construction plans with associated costs shown on Exhibit "A" upon <br />application of the Property Owner subject to the terms of Section b herein. <br />4.0 Release of Liability: Property Owner shall indemnify and hold harmless the <br />County from any and all liability loss and damage County may suffer as a result of all suits, <br />actions or claims of every nature and description caused by, arising from, or on account of said <br />design and construction of improvements, and pay any and all judgments rendered against the <br />County on account of any such suit, action or claim. All contractors and other employees <br />engaged in construction of the improvements shall maintain adequate worker's compensation <br />insurance and public liability insurance coverage, and shall operate in strict accordance with the <br />laws and regulations of the State of Colorado governing occupational safety and health. <br />1 <br />3791261 09109!2011 11:42A Weld County, CO <br />8 of 17 R 0.00 0 0.00 Steve Moreno Clerk & Recorder <br />