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which shall include the approximately one thousand nine hundred (1900) lineal feet of
<br />eighteen (18) foot wide paved roadway with shoulders, Versa-Lok masonry walls that aze
<br />necessary for roadway construction (and not Threehand's residential building pads), joint
<br />trench utilities (including dry utilities, such as electrical, telephone, gas, cable), storm
<br />drainage improvements, and water and sewer utility lines, as described more particulazly
<br />in Section 4 ofthe Ftrst Amendment to the Purchase and Sales Agreement between the
<br />City and Threehand (collectively the "Improvements").
<br />2. Time for Comoletion. After the City provides Tlu•eehand notice that the
<br />rough grading for the access road has been completed and water tank construction is
<br />substantially complete, Threehand shall have thirty (30) days to mobilize for
<br />commencement of construction and then shall complete the Improvements within one
<br />hundred and sixty (160) working days of mobilization; and Threehand acknowledges that
<br />no work, delivery of materials, or activities may occur at the construction site on
<br />weekends or federal holidays.
<br />A. Extensions. The completion date shall be extended, for a reasonable
<br />amount of time, due to events, such as weather, acts of God, strikes, material shortages,
<br />labor disputes, lockouts, riots, acts of waz, epidemics, governmental regulations, fire,
<br />earthquakes or other event, beyond the control of Threehand as may be determined in the
<br />reasonable judgment ofthe City Engineer. The "Completion Date" shall be the 160
<br />working days, as provided above, plus any approved extensions.
<br />B. Actual Damaees. If Threehand fails to complete the Improvements by
<br />the Completion Date, Threehand shall pay to the City all actual costs incurred by the City
<br />for a temporary waterline pipe and temporary overhead electrical service line for the
<br />water tank after the expiration of the Completion Date. The City may deduct such actual
<br />costs owed to the City from any reimbursement payments, including the management fee,
<br />otherwise payable to Threehand under this Agreement. Nothing contained herein shall
<br />limit the City's rights or remedies against Threehand for any default, including failure to
<br />complete the Improvements by the Completion Date. This provision for actual damages
<br />shall not be applicable nor act as a limitation upon the City if Threehand abandons the
<br />work. In such event, Threehand shall be liable to the City for all losses incurred.
<br />3. Reimbursement. Attached is a Preliminary Engineer's Estimate prepared
<br />by Aliquot, dated September 14, 2006, (the "Estimate") that sets forth the estimated cost
<br />of the Improvements, including, on some line items, the estimated quantities. City shall
<br />reimburse Threehand for the Improvements actually constructed, but in an amount no
<br />more than $1,887,905.53. Threehand specifically acknowledges that regardless of the
<br />actual cost ofthe Improvements, the City's obligation to reimburse Threehand for the
<br />Improvements, including design, construction support, the General Contractor's charges,
<br />consultant services, change orders, public utility processing and inspection fees,
<br />insurance, project management costs asset forth in the Estimate, and business license
<br />fees, shall not excced $1,887,905.53.
<br />A. Consultants. When Threehand retains Aliquot, Sainte Claire Custom
<br />Homes ("General Contractor"), an arborist, a geotechnical engineer and a joint trench
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