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GENERAL TERMS
AND CONDITIONS FOR CONSTRUCTION PERMITS
For work to be dedicated to
the District |
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1. |
Permittee
agrees to pay appropriate fees to cover inspection, plan check,
connection and all other pertinent Dublin San Ramon Services
District (District) fees. The aforementioned fees are nonrefundable.
All such fees shall b forfeited three (3) years from the issuance
date of Permit if no construction or connection pursuant thereto
is performed or made and (i) a building permit for construction
of improvements on the land to be served by any water/sewer/recycled
water lines and appurtenances and/or connection hereinabove
described is not required by the City or County having jurisdiction
therefore; or (ii) such building permit is so required, but
has not been obtained within a three (3) year period. |
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2. |
Permittee
agrees to furnish to the District, and file with the District
Engineer, security in compliance with Section 6.2.03 and/or
7.2.06 of the District Code of Ordinances ("Security")
securing the faithful and timely performance by Permittee of
all work to be dedicated to the District per submitted plans;
the amount of said Security to be 100% of the cost of the work.
The aforementioned Securities shall include, in addition to
the face amounts, a guarantee of the payment of any reasonable
expenses and fees, including reasonable attorneys' fees, incurred
by the District in the event of successful enforcement of such
Securities. |
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3. |
Permittee
agrees to protect, indemnify and hold harmless the District,
its Board, officers, agents and employees, from any and all
liability, losses , damages, claims, causes of action or actions
arising out of any accident, occurrence or incident resulting
from, or alleged to have resulted from, work by the Permittee,
or the failure to perform or the negligent performance of any
contractual responsibility of the Permittee, including those
contractual responsibilities mandated by this application, or
any negligent action of the Permittee undertaken by the Permittee
as a result of, or in furtherance of work or other responsibility
of the Permittee. Permittee shall also protect, indemnify and
hold harmless the above parties for any liability or allegations
thereof for the use of any patent or patented article by Permittee
in their work. This duty to defend and hold harmless shall include
the responsibility to provide legal representation, the selection
of which shall be the discretion of the District. |
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4. |
Permittee
agrees to obtain and maintain in full force, and effect during
the term of the permit, at its own expense and risk, a general
comprehensive liability insurance policy, and further must agree
to furnish evidence of such an insurance policy by filing copies
of the declaration or information page, and the certificate
of insurance for such insurance policy with the District Engineer,
which declaration page or information page and certificate shall
be accompanied by such endorsements as may be necessary to show
compliance with all of the requirements of this paragraph. Such
insurance policy shall name the District, its Board, officers,
agents and employees, as insured or additional insured and shall
indemnify the District and said persons against liability for
loss or damage for bodily injury, including death and property
damage occasioned by the operation of the Permittee or its contractor
or sub-contractors under work, and shall be in the minimum limits
of $1,000,000 for bodily injury or death of any one person,
$1,000,000 for bodily injury or death arising out of any one
occurrence and property damage limits of not less than $1,000,000
arising out of any one occurrence. The insurance policy mentioned
herein shall contain a provision that the District shall receive
an unconditional notice in writing thirty (30) days in advance
of an insurer's intention to cancel or to materially change
the terms of said insurance policy. If such insurance policy
covers the Permittee, other entity or person in addition to
the District, such insurance policy shall contain the standard
form of cross liability or severability of interest endorsement
and shall also be evidenced on the insurance certificate. Such
insurance policy mentioned herein shall be primary to any other
valid and collectable insurance policy available to the District |
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5. |
Permittee
agrees that if, within a period of one (1) year after the final
acceptance by the District Board of Directors of the work to
be dedicated to the District by the Permittee, any part or all
of such work fails to fulfill any of the requirements of this
permit, or the plans referred to herein, Permittee will, upon
receipt of a request in writing from the District, without delay
and without any cost to the District, repair, replace or reconstruct
any defective or otherwise unsatisfactory part or parts of such
work. Should Permittee fail to act promptly to make such repair,
replacement or reconstruction or otherwise not act in accordance
with this requirement to repair, replace or reconstruct, or
should the exigencies of the case require repair, replacement
or reconstruction to be made before Permittee can be notified,
the District may, at its option, make the necessary repair,
replacement or reconstruction and the Permittee shall pay the
District the actual cost of such repair plus fifteen (15%) percent. |
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6. |
Permittee
agrees, as a condition precedent to the acceptance of any part
of the work to be dedicated to the District by the Permittee
to furnish and file with the District Engineer a good and sufficient
Security the amount of said Security to be (10%) percent of
the cost of the work to secure the Permittee's compliance with
the provisions of paragraph 5 hereof. |
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7. |
Permittee
warrants that all work to be dedicated to the District by the
Permittee shall be free and clear of all liens, security interests
or encumbrances; and the Permittee agrees as a condition precedent
to the acceptance of such work, that the title to such work
shall vest in the District in fee simple absolute and be free
and clear of all liens, security interests or encumbrances. |
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8. |
If potable
water, recycled water, sewer or any combination of these facilities
to be constructed by the Permittee, for dedication to the District,
are located outside the limits of the public right-of-way of
a city street, then Permitee or Owner (if other than Permittee)
agrees to make an irrevocable offer of dedication to DSRSD of
a potable water, recycled water and/or sewer line easement.
Such an offer is made at no cost to the District and shall be
in a manner and form acceptable to the District. Easements shall
be identified on improvement drawings and dedicated to DSRSD
on a tract map, or by separate instrument, which includes a
description and plat survey completed by a registered land surveyor.
In those cases where access to proposed District facilities
may be required across adjacent property, the Permittee agrees
to obtain and deliver to the District all easements or other
property interest necessary for securing the District's access
from adjacent property owners. Easements or other property interests
delivered to the District pursuant to this paragraph shall be
provided with subordination from any senior lien or encumbrance
in a form acceptable to the District prior to the District's
acceptance of facilities constructed pursuant to the permit. |
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