I-1 - Construction and Dedication Agreement

1. The design and construction of the Detention Basin shall be in compliance with the City's current storm water management ordinances and policies. 2. Hawk Wash shall install the Detention Basin according to the City’s design standards. Upon acceptance by the City of the Detention Basin by resolution, the Detention Basin shall be owned and maintained by the City. D. Hawk Wash's Obligations. Nothing in this Agreement shall be construed to impose a requirement on the City to install the Detention Basin at issue herein, nor shall Hawk Wash be deemed to be acting as the City's agent during the original construction and installation of the above-described improvements. The parties agree that the obligation to install the above-described Detention Basin herein shall be in accordance with the plans and specifications drafted by Hawk Wash and subject to the approval of the City. Furthermore, the obligations shall remain on Hawk Wash until completion by Hawk Wash and until acceptance by the City, as provided by law. SECTION 4. MISCELLANEOUS A. Hawk Wash represents and states that the Detention Basin complies with all City, state and federal laws and regulations, including but not limited to zoning ordinances and environmental regulations. The City may, at its option, refuse to allow construction or development work on the Detention Basin until Hawk Wash complies with the appropriate law or regulation. Upon the City's demand, Hawk Wash shall cease work until there is compliance. B. Third parties shall have no recourse against the City or Hawk Wash under this Agreement. C. Breach of the terms of this Agreement by Hawk Wash shall be grounds for denial of applications, building permits, occupancy permits or other permits. D. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. E. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers must be in writing, signed by both parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or a release. F. Hawk Wash shall take out and maintain public liability and property damage insurance policies covering personal injury, including death, and claims for property damage which may arise out of Hawk Wash’s work or the work of its subcontractors or by one directly or indirectly employed by any of them. G. Hawk Wash shall record the original copy of this Agreement, with all requisite signatures.