Gile Blk 1 Sewer
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GUARANTEE AGREEMENT
This Guarantee Agreement is entered into this 9th day of
October, 1997, by and between the CITY OF SALINA, KANSAS, (the
"City") and STEVENS CONTRACTORS, INC.
Recitals
A. In conjunction with the development of the Gi1e Addition
to the City of Salina, Stevens Contractors, Inc. has constructed a
pUblic sanitary sewer system to serve Lots 2 and 3, Block 1 in the
Gile Addition to the City of Salina, Kansas.
B. Upon approval of the sanitary sewer system by the City
Engineer, the City intends to accept and assume responsibility for
future maintenance of the sanitary sewer system, subject to the
terms and conditions of this Guarantee Agreement.
THE PARTIES therefore agree:
1. One Year Warranty. Stevens Contractors, Inc. agrees and
covenants that for a period of one year following final acceptance
of the sanitary sewer system by the City Engineer on behalf of the
City (the "Warranty Period" ), Stevens Contractors, Inc. shall
warrant, at its expense and free of charge to the City, against all
defects in materials or workmanship, or any improper, or defective
preparation of the ground upon which the sanitary sewer system is
constructed.
2. Response to Impairment in Service. In the case of any
failure of the sanitary sewer system as a result of the defects
described in paragraph 1 in such a manner that results in (a) any
humanly discernible impairment of sanitary sewer service or (b) the
release of sewage onto private property, Stevens Contractors, Inc.
shall promptly cause the sanitary sewer system to be repaired in a
manner acceptable to the City Engineer. If Stevens Contractors,
Inc. fails to promptly respond in such circumstance, the City may,
with or without notice to Stevens Contractors, Inc., cause the
sanitary sewer system to be repaired and present Stevens
Contractors, Inc. with a statement for any associated expense to
the City.
3. Response to Other Defects. In the case of any defects as
described in paragraph 1 (other than those addressed in paragraph
2) of which Stevens Contractors, Inc. is notified during the
Warranty Period, Stevens Contractors, Inc. shall, within a
reasonable period of time, cause the defect to be cured in a manner
acceptable to the City Engineer. If Stevens Contractors, Inc.
fails to cure the defect within 14 days from the date it is
notified of the defect, the City may give written notice to Stevens
Contractors, Inc. that if the defect is not cured within 30 days
thereafter, the City will cause the defect to be cured and present
Stevens Contractors, Inc. with a statement for any associated
expense to the City.
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4. Reimbursement of City. If the City incurs any expenses
pursuant to paragraphs 2 and/or 3, Stevens Contractors, Inc. agrees
to reimburse the City for those expenses within 10 days from the
date of receipt of a written statement from the City. If Stevens
Contractors, Inc. fails to make timely payment of the stated
amount, the City may file suit in the Saline County District Court
for the recovery of any such expenses and its legal fees.
5. Notices. All notices and demands shall be given in
writing either by personal service or by registered or certified
mail, postage prepaid, and return receipt requested. Notice shall
be considered given when received on the date appearing on the
return receipt, but if the receipt is not returned within five (5)
days, then forty-eight (48) hours after deposit in the mail.
Notices shall be addressed as appears below for each party:
CITY:
City Clerk
P. O. Box 736
Salina, KS 67402-0736
CONTRACTOR:
Stevens Contractors, Inc.
P. O. Box 6197
Salina, KS 67401-0197
7. Bindinq Effect. This Agreement shall extend to and bind
the heirs, beneficiaries, executors, administrators, trustees, and
assigns of the parties hereto.
EXECUTED by the duly authorized officials of the respective
parties hereto the day and year written above.
CITY OF SALINA, KANSAS
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ATTEST:
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C Y Clerk
STEVENS CONTRACTORS, INC.
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Charles E. Stevens, Jr.,
President