2017-11-01_PERMIT FILE - C1981035 (29)

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Reception #: 1113724 Record Date: 06/27/2016 03:09 Py Page: 4 of 18 Rec Fee: $96.00 Doc Fee: $0.00 Tiffany Lee Parker, La Plata County Clerk mld plans and ipcciiications shal! be consldcred \alid for two (?) ,ears from the date of approya: by the Court\ l.ngineer. alter \\hien time such plans shall be \oid and "ill be subject to re -re\ ie\r and rc-acceptance by the ('01.1110. h.ngincer. (!pon approval of the plans pertaining to th,; (load Inlpro\ctncnts, the CountN F.ngincer shall issue a Notice to Proceed to ()'CC. GCC' shall ui\c the CountN no less than ,e\en,}t ro (72) hours' \�rittcn notice prior to the commencement of pertormanc,: ofany [toad hr.proyemen.s. I.-- Costs o! Imnroyerwntsand 5ecui-6: t;pon appro\al in the CountN Engineer of the plans for a particular phase of the Road Improvements and prier to commencement ol' con;.ruction. (i('(' shall furnish to the Count\ a good lalth estimate of the Iola] test to WV elf installing and,or constructing that particular phase of the Read Improvements. l he sole purpose for such estimate shall be to provide a basis 'or cstcibhshint, the amo.lnt of the performance and warrant\• bond described herein and shall not be construed as a \\arrant\ or guarantee of actaal Impro\ etnont costs or quantities. 111 older to Secure the pcilornlance of the installation and construction of' the Road Impro\ anent,, and prior to the issuance of a Notice to Proceed, ( (V shall pro,, id, to the CountN- as obligee a performance and warrant} bone Issued by all approved corporate curet\ licensee, to do business In the ~tate of Colorado in an amoant equal to one huncred tm cn.\ pcicent (12U'.'o) of tl e estimated total cost required to perfOrm the particular phase of the Road Impro\ ementi (the "Bond"). 1 he form of' iuc}t Bond shall he approved b�, the ('our,t\ Inigineer and the ('ountN :\Horne\. which appro\al shall not be \\ithlleld unrcasona-il\ Such perlormancc and warrani\ Bord shall insure that GCC will comply -with all Court\ standards and specifications, the submitted plans as approved by the Court\ and the term,, of this A,`rccment and shall ensure recover\ b_\ the County of anv cxpenSe; Incurred \\Ithlll the \\arrant\- period described in Artic:e :.G(b) herein. If a dclault ex sts. the ( oun'\ shall be entitle(; to (I) insist upon per;'ormance by the surety of the Bond: or (ii) dra\.v on the Bond for the amount reasonahlN determined b\ the County to he necessar\ to cure the default in a manner consistent \\ith tae approved plans and specifications up to the amount elf the performance and \\arrantN- bund: and/or (iii) sue (i(V 16r recover\ of an} amount necessar) to cure the default over and above the amount a\ ailable under the Bond. 1.1 A\aiiabie _(]rant Funds. The County agrees to exercise reasonable efforts. consistent with its oast practices. to app': , for =;Pants that nlav offset the financial obli ;atwnti o1 GCC for construction of t'lc Road lnlprovenlents, using G(V's funds as mnatchint contributions. It heeded. In the event the C'oant\ is �ucces!;ful in obtaining such grants. (i( C \\ill fund all design and engineering services for the project and the County's ulvol\emerlt \\ill be limited to soliciting bids and. if necessar\ uncer the terms of the grant, managing .:ow truction of the project. ( SCC agrees to abide b\ ail grant conditions. to assist t)c Couniv in rronerl\ and timet\ fulfilling the rcoturements ol'the Qrant and. if necessary. Cllll'illlt lata Sllltl allttltll>]7'.SI a1.I`CCl\)ClllS 01 ICaS011abiI\ 1110Uli,111g the terms of 11115 Agreement as ma\ be necessar\ to execute arid f iltal the grant requirements. If'a grant is rccok ed, the sccurrty in,] \\ arranty to be pr(1\ ideei h\ GCC pursuant to .article l .3 shall cover the full cost ofafl Road Impro\einent,. not just those ftin&e , directl\ by GCC in the OCIlt the Count\ is unsticccssi'u in obtaining such grants. OCUs obligation to timck complete the Road h-lpro\ ements ]hall remain the ,,Line.