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<br /> Agreement for Construction of Splash Pad ���
<br /> This Agroement for the constructwn of a Splash Pad("AgreemenY)is between the buyer of the Splash Pad("ClienC),on the one hand,and Splash Zone,LLC
<br /> (`Contractor),on the other hand The terms and condRwns of the Agreement are set forth below
<br /> RESPONSIBILITY OF CLIENT
<br /> Chent shall prowde Contractor wiN aCequate access and a srte frce of debns or obstacles pnor to the start oi Ihe work Gient agrees lo pay to Contrector all
<br /> addi6onal cos[s mcurred as a result of ChenYs failure ro so provide
<br /> Chent shall be responsible to protect all trees,shrubs and other plants which Chent desires to save which occupy space�o be used m the construction ot the
<br /> splash pad
<br /> Clront agroes to assume all habdrty for damage to dnveway,curbs,walks,shrubs,sewers,spnnkler systems,dnp lines,patio,underground u4hty hnes,tences,
<br /> decanposed granite,lawn or any rorou4ng of�mgaLon water
<br /> ConVactor is not liabb for any damage to any part oi the splash pad caused by irtigation water,vandals,w any oMer persons or things not wRhin the control of Ne
<br /> ConVactor My splash pad eqwpment a appurtenances subJect to Ma Contract delrvereC to Ne)oD srte arc the ClienPs property and A removed or stolen is
<br /> Chent's rospons�btlrty
<br /> It shall be the rosponsibdity ot the qbnt to fumah a water source and power source for the construction oi the splash pad
<br /> ConVactor is not responsible for unusual sal condrtwns incluCing but not limited to t�e following caliche,subterranean water,floatatlon of splash pad due to
<br /> external water,granite,or other like and unusual sub-surface conditions,mass wncrete,unusually large boulders or the I�ke Client agrees to pay an addrtional
<br /> sum for these addRional items and/or any aswaated changes as an addrtwnal wst to Ihe contract pnce
<br /> Gradmg and d2mage beyond t�e splash pad area is the rosponsibihty oi the Clent
<br /> Excess soil will NOT De removed and will romain on the property unless otherwise spec�fied in wn4ng by Client befae start of excavation
<br /> WM the axcephon o1 minor greding fw the splash pad,ConVactor is not responsible for supplying fill dirt or providing excessrve gradmg unless specRed m Ne
<br /> wnVact
<br /> ConVactor agrees to construct Me splash pad dNgently,but Contrector shall not be rosponsible for delays or Camages cause0 by faiWre to pertorm work or fumish
<br /> matenals or eqwpment due to acts oi God,condrtions created by Mreat w of mclement weather,war,not,or other avtl d�sturbance,stnke,govemment prohibrtion,
<br /> Aelays caused by Chent,non�ssuance ot all reqwred permrts allectmg the splash pad,avadaDtlity oi consVuctron matenal,or other reasons beyond its control
<br /> Requests for any changes«additions to this agreement desired by Ne Client shall be made in wriLng at a pnce as mutually agreed and signed by both parties
<br /> and shall Decome part oi ihis agreemant
<br /> Coniractor shall have the nght to stop work and keep the pb Wk A payments are not made when due
<br /> ConVactor assumes no rosponsibihry or IiaDNty Por work peAormed by the Chent,eqwpment w matenals suppled by the Chent
<br /> In the event the payments reqwred hereunder are not pab m accordance wrth the reqmremen[s of this agreement,a crodrt sernce charge of one and one-haN
<br /> percent(1-1/2Y)per month,which is eighteen percent(18%)corresponding annual percentage rate,will be applied from the date such payment becomes due
<br /> In the event Contrador shall be required to employ an attorney to enforce collectron of any payment requrted to be made by Client to Contractor under this
<br /> agreement,Chent agroes to pay to ConVactor a reasonable amount for attomey's fees although legal ac0on erther was not�nstrtuted or not compbted to�udgment
<br /> This agreement togelher w�th Ihe signed Splash Zone Proposal constrtutes the full agreement benveen Ihe parhes The paNes are not bound by any other
<br /> statements or representations or orel expressan by any agent or person puryorting ro act fa or on behaH ot either party
<br /> Should any part on Ihis agreement be declared invalb for any reason,such decision s�all not aHect the validity of any remaining portions and shall remain in force
<br /> and aBect as d the mvalid portion had been eliminateC
<br /> Client agrees to allow Contractor to place a Splas�Zone sign on Chents property dunng construction and use pkturos ot splash pad taken before,dunng and after
<br /> construction m marketing and other matenal unless otherwise specfied m wnting
<br /> When the splash pad is completed(suAace material applied and start-up onentation)this contract shall have been completed
<br /> LIMITED WARRANTY
<br /> MATERIALS AND WORKMANSHIP
<br /> Splash Zone LI.0 warrants m the onginal Cl�ent all labor,matenals,and equipment ro be free oi de(ects tor a penod of two(2)years tiom the date the splash pad
<br /> is complete,when subJect to onginal Client's reasonable care and necessary maintenance Upon wntten not�ce to Splash Zone LLC by the onginal Client within
<br /> Mat lwo(2)year penoG,Splash Zone LLC wAI remedy nny detect m matenal or workmanship without charge wdMn a reasonable time prowded the orgmal Chent
<br /> has complred with all Terms of this Agreement,including payment in tull
<br /> LIMITATIONS
<br /> No wananty eutends to any part of the splash pad,Rs eqmpment or appurtenances theroto w�ich aro caused by any of Ihe idlowmg condNons or events
<br /> 1 Defects or taiWres caused by abuse,lack of reasonable care,lack of necessary mamtenance,improper operauon,vandahsm,acts of God,or normal wear
<br /> 2 Damages or fa�Wres to plumb�ng Imes,filter,motors anC pumps caused by freezing
<br /> 3 Damages or faduros causeC by subs4tuhng or addi�on of eqwpment or service not expressly auNonzed which affect the operehon w designed use oi Ihe
<br /> splash pad
<br /> � Discobratron,staining,check cracks,cracks and impeAecLons inhent in splash pad dxks and concrete producLs Only crecks exceeding in vndth the
<br /> Nickness ot a dime will be repaired by ConVactor at no cost to Ne onginal wnsumer wrthin the limited wartanry penod
<br /> 5 Minor high and/or low spots in ihe concrete or surface matenal which accumulate less than'h"inch of standing water
<br /> 6 Damages or taAures caused by surface or subterranean drainage under or around said splash pad or earth fill movement,explosions,wrecking,expansrve
<br /> soil,and the 6ke,and not occasroned by Contrector
<br /> 7 In some locahons,expansrve sod may exist Damage caused to the splash patl as a resWt oi ezpansrve sod wtll be at the ChenPs ezpense,except tor the
<br /> concrete shell,shall be Cont2ctor's expense Client may secure at his expense an independent soil analysis to tletermine whether expansrve soil ex�sts in
<br /> the splash pad bcahon WiNout a sod analysis,ConVactor assumes no habtliry regarding de�ermmahon oi existence of expansrve sotl
<br /> 8 ConVactor expressy denies any responsibility or liabi6ty ta inGdental or consequential damages ansing out of or as a result of Ne use a ownership of the
<br /> splash pad
<br /> 9 Damage by the elements or acts ot God,war,crvtl disturbances,unusual abuse/neglect,incortect operehon w lack of care of Me splash patl or eqmpment
<br /> PERFORMANCE
<br /> In the event of defect m matenals or workmanship wrthm the above stated wavanty penod,and upon wntten notice to Splash Zone LLC,at 7319 S Alwood,Ste
<br /> 103,Mesa,AZ 85212,by the org�nal Client,Contractor will remedy any defect in matenal or workmanship without charge to the ongmal Chent with exceptions
<br /> hsted here wRhm,wiM m a reasonabb amount of hme,pmvided the ongmal C6ent has comphed wrth all terms of this contrec[,mcludmg payment m full
<br /> NOTICE
<br /> Chent is en�tled to a copy of this Agreement at the hme it is signed Client may rancel this agroement at any 4me pnor to midnight of the thvd business day aRer
<br /> the date of this trensaction by faxing a wnrien cancellatron request to 866-8693942 This prowsion is not albwed A construcUon of Ne splash pad has begun or
<br /> wtll begm pnor to the third business day
<br /> Sgned Date
<br /> Splash Zone,LLC(Contractor)
<br /> Signed Date
<br /> Client(Buyer)
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<br /> SPLASH ZONE,LLC �siq s ar,�oon,srE 103 NiEsn,<,z s5ziz
<br /> T 800 98S 3031 F 866 869-3942 � www SplashZone tom
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