I-1 - Construction and Dedication Agreement

H. Hawk Wash may not assign this Agreement or the obligations imposed by this Agreement without the written permission of the City Council or as otherwise provided in this Agreement. SECTION 5. ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION A. Hawk Wash shall submit to the City, for approval by the City Engineer, plans and specifications for the construction of the Detention Basin which have been prepared by a registered professional civil engineer. Hawk Wash shall obtain approval of the construction plans and all necessary permits from the appropriate city, state and federal agencies before proceeding with construction. In addition, Hawk Wash shall cause to have its engineer provide adequate field inspection personnel to ensure that an acceptable level of quality control is maintained. B. Hawk Wash shall pay all reasonable costs of City engineering administration, which will include review of Hawk Wash's final construction plans and specifications, monitoring of construction, and consultation with Hawk Wash and its engineer on the status, progress or other issues regarding the project. Hawk Wash shall pay for the reasonable construction observation performed by the City staff or consulting City Engineer. Construction observation will consist of examination of the proposed Detention Basin and other infrastructure improvements. The engineering administrative fee and construction observation fees to be paid by Hawk Wash shall be determined by the City, in part based on the standard hourly fee schedule in effect between the City Engineer and the City on file at City Hall and in part based on standard fees for other staff members that perform the duties noted above. The City shall provide the appropriate supporting documentation for these fees upon request by Hawk Wash. SECTION 6. HAWK WASH'S OBLIGATION AND DEFAULT A. Hawk Wash agrees and is fully obligated to perform as provided in this Agreement. Hawk Wash is liable and responsible for each and every obligation agreed to be undertaken pursuant to this Agreement. Failure of Hawk Wash, its employees, agents or assigns, to perform is not a defense for Hawk Wash against any action to be taken by the City. B. In the event of default by Hawk Wash regarding any work to be performed by Hawk Wash under this Agreement, the City may, at its option, perform the work and bill Hawk Wash for said work. Hawk Wash shall promptly reimburse the City for any expense incurred by the City, provided Hawk Wash, except in an emergency as determined by the City, is first given written notice of the work in default, and has not commenced the appropriate curative action and continued to diligently pursue the same to completion within fourteen (14) days of such notice. This Agreement is an authorization for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter upon the property. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part against the HW Property. SECTION 7. FEES