Laserfiche WebLink
a. Contractor provided items. No later than ninety (90) days before Delivery <br /> of the water Storage, Contractor, at its sole cost, shall furnish Owner with then <br /> current updates of the following materials that pertain to the Property or subject <br /> Cell, which must demonstrate no change in the status of title since Owner's <br /> purchase of the Property. Contractor shall provide before each Delivery: <br /> L A title insurance commitment for the Property which Commitment <br /> demonstrates that no encumbrances have been placed on the Property <br /> during the term of this Construction Agreement. <br /> ii. Copies of all governmental applications, permits, licenses, <br /> certificates, or agreements relating to the zoning, operation, occupancy, or <br /> use of the Property and Cells. <br /> iii. Copies of any surveys, soils geotechnical and engineering reports, <br /> feasibility studies, site plats and plans, and other reports, studies, or <br /> documents relating to the Cell or Cells. <br /> iv. An independent environmental assessment, satisfactory to <br /> Thornton in its sole discretion, and further in compliance with ASTM <br /> Standard E 1527 commonly referred to as a "Phase One Audit," or any <br /> successor standard, demonstrating the absence of any "recognized <br /> environmental condition," as defined by the ASTM Standard, associated <br /> with the Cells and Property. <br /> 16 Delivery of the Water Storage: <br /> a. Delivery of each Cell will occur within sixty (60) days after the Final Survey <br /> for the Cell is completed and all approvals have been received. <br /> b. Events at Delivery. The following events shall take place at the time and <br /> place of Delivery and transfer of each Cell ("Delivery" or the "Delivery Date"). No <br /> payment or Delivery shall be made or deemed made until after all the events <br /> have been completed: <br /> L Owner shall pay to Contractor the amount set forth herein. <br /> ii. Contractor shall execute and deliver to Owner a certificate that the <br /> Cell to be Delivered has been constructed, surveyed, inspected and <br /> approved for its intended use free and clear of any and all liens, taxes, or <br /> other encumbrances of any kind whatsoever. <br /> C. Payment of Encumbrances. Any encumbrance required to be paid shall be <br /> paid at or before Delivery from the proceeds of this transaction or from any other <br /> source of Contractor. <br /> construction Agreement—Zadel(v.4-24-08) <br /> 20 <br />