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Hpr 11 U3 U1 : U-/p bDJ1u <br /> I. IMPROVEMENTS <br /> 1) SPECIFICATIONS <br /> Subject to DISTRICT review and approval OWNER may make improvements to DISTRICT <br /> facilities in order to carry out the purposes of this AGREEMENT. The DISTRICT shall be <br /> exempt from all costs relating to said improvements. Such improvements shall consist <br /> primarily of rubber gasketed reinforced concrete pipe installations in lieu of cast-in-place <br /> concrete pipelines and shall include all appurtenances necessary for the efficient delivery of <br /> irrigation water at "historical" flow rates. As to such improvements, OWNER shall be <br /> responsible for the completion and costs therefor with the actual work performed by <br /> OWNER and/or its CONTRACTORS, to DISTRICTS STANDARD(CONSTRUCTION) <br /> SPECIFICATIONS to those time constraints which are noted on "approved" PLANS and <br /> DRAWINGS prepared under OWNER's direction, which by their reference shall be <br /> considered as though written here-in-under. Additionally, OWNER shall,at OWNER's or <br /> successors in interest's cost (a) obtain necessary new casements,perform required surveys, <br /> (b)install,per DISTRICT STANDARD SPECIFICATIONS,suitable replacement pipelines <br /> and other facilities which will enable DISTRICT to properly irrigate lands situate <br /> downstream of Subject Property, all to be completed and ready for DISTRICT use on or <br /> before the start of the Irrigation Season and(c) fulfill the terms and conditions noted in the <br /> "STANDARD SPECIAL PROVLSIONS" and "SPECIAL DISTRICT BOARD OF <br /> DIRECTORS CONDITIONS" sections of this AGREEMENT identified as Exhibit"B"and <br /> Exhibit"C"respectively. Further, OWNER shall assure that the construction contract with <br /> OWNER'S CONTRACTORS contains "surety provisions"and"amounts"as required with <br /> in the DISTRICT's STA-IIDARD(CONSTRUCTION)SPECIFICATIONS. <br /> 2) CORRECTIVE ACTIONS <br /> OWNER further agrees that the facilities of the DISTRICT to which this encroachment <br /> applies will be left, following the encroachment, in as good or better condition than they <br /> were before this AGREFNfENT was entered into. In the event the Manager of the <br /> DISTRICT, in his sole discretion, determines that the facilities are not left in as good or <br /> better condition thanbefore this AGREEMENT was co.summated,OWNER agrees to take <br /> such corrective action as the Manager of the DISTRICT directs, at the sole expense of <br /> OWNER and at no expense to the DISTRICT. OWNER agrees in the event that he fails to <br /> iln.,.innmml A.,.' ,nt 2 of 21 <br />