Gico Add Phase II
GUARANTEE AGREEMENT
This Guarantee Agreement is entered into this 3~ day of
~~ , 1998, by and between the CITY OF SALINA, KANSAS, (the
"City") and STEVENS CONTRACTORS, INC.
Recitals
A. In conjunction with the development of the Gico Addition
Phase II to the City of Salina, Stevens Contractors, Inc. has
constructed (1) public sanitary sewer system improvements, (2)
pUblic water system improvements, and (3) public streets
(collectively referred to as the "Improvements").
B. Upon approval of the Improvements by the City Engineer,
the City intends to accept and assume responsibility for future
maintenance of the Improvements, 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 Improvements 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 Improvements are constructed.
2. Response to Impairment in Service. In the case of any
failure of the Improvements as a result of the defects described in
paragraph 1 in such a manner that results in (a) any humanly
discernible impairment of water or sanitary sewer service or (b)
the release of water or sewage onto private property, Stevens
Contractors, Inc. shall promptly cause the Improvements 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 Improvements 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
T:)V
. Di~~~f U ties
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tor of Engineerin
General Services
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STEVENS CONTRACTORS, INC.
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Charles E. Stevens, Jr.,
President