1988-001SWDD - Laserfiche WebLink

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The District shall, at least every two (2) years, cause to be prepared by the Consulting Engineers a report or survey with respect to the management of the System, the sufficiency of the special assessments, fees and other charges in connection with the System, the proper maintenance of the System and the necessity for capital improvements and recommendations therefor. Such a report or survey shall also show any failure of the District to perform or comply with the covenants herein contained. If any such report or survey of the Consulting Engineers shall set forth that the provisions hereof or any reasonable recommendations of the Consulting Engineers have not been complied with, the District shall immediately take such reasonable steps as are necessary to comply with such requirements or recommendations. In making such report or survey the Consulting Engineers shall accept certified statements of the independent certified public accountants for the District. Copies of each report or survey shall be placed on file with the District and shall be open to the inspection of any Registered Owner of the Bonds or other interested party. During the period of construction of the 1988 Project, the Consulting Engineers shall determine that all phases of the 1988 Project are being constructed pursuant to the plans and specifications, monitor the progress of such construction, approve the form and content of construction contracts signed by the District, including any penalty payments required as a result of non-performance, and the payment bonds required, arrange for proper permits, clearance of other construction documents as may be necessary from local, state or federal jurisdictions, and approve expenditures from the Construction Fund, as hereinafter provided. When each phase of the 1988 Project has been substantially completed and placed in operation and use, the Consulting Engineers shall certify such fact to the District and the same shall be deemed to be the completion date of such phase of the 1988 Project. The Consulting Engineers shall also prepare a monthly progress report showing the status of the construction and acquisition of the 1988 Project, the construction contracts entered into therefor, an estimated time schedule for completion, the percentage of completion thereof, the estimated cost of completion of the 1988 Project and any other matters deemed advisable by the Consulting Engineers. O. NO COMPETING SYSTEMS. To the full extent permitted by law, the District will not grant, renew or cause, consent to, or allow the granting, renewal, extension or expansion of any franchise or permit to any person, firm, corporation or body, or agency or instrumentality whatsoever, for any system similar to 21