07-26-2017 Council Packet - Laserfiche WebLink

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This Agreement is entered into this 19th day of July 2017, between Cedar Creek Energy Corporation (“Company”), whose principal place of business is located at 1285 114th Avenue NW Suite 100, Coon Rapids, MN 55448, and City of Little Canada (“Customer”). Customer site address is 2858 Centerville Road, Little Canada, MN 55117 Customer hereby contracts with Company to provide labor and materials to improve the Property, as defined in the Proposal Agreement provided by Company to Customer (“the Work”). Customer agrees to the terms of the Proposal Agreement, specifically including the Proposal Price and Payment Terms, which terms form part of this Agreement and are specifically incorporated herein by reference. PAYMENT AND CONTRACT PRICE Customer agrees to pay Company the sum of $117,500.00 (“Total Price”) for the Work defined in the Proposal Agreement and attached Scope Addendum, and to make payment in accordance with Payment Schedule and Terms specified herein. Customer agrees to pay Company according to the Payment Terms contained in the Proposal Agreement. Invoices not paid when due will be subject to interest at the rate of the greater of 8 percent per annum or the maximum rate allowed by law. PAYMENT SCHEDULE AND TERMS The contract price shall be paid to the Company according to the following schedule. Event Amount Initial Engineering Payment $50,000.00 Prior to Delivery $50,000.00 Upon Final Inspection Approval $17,500.00 Contractor shall be responsible for obtaining any required permits, permissions, authorizations, or other approvals for proceeding with the Work. If Customer fails to pay Company any payment(s) due under the terms of this Agreement, Company may suspend its Work without further notice to Customer. Upon any suspension of Work by Company for nonpayment by Customer, Customer will remain liable to Company for all payments due up to the time that Work is suspended, and for all losses or damages sustained or suffered by Company, whether direct or consequential, including any costs to suspend or mobilize Work. Company shall restart work only upon payment by Customer of all money due to Company, including any losses damages sustained or suffered by Company. If Work remains suspended for a period of 14 days due to nonpayment by Customer, Company may, at its option, treat this Agreement as having been breached by Customer, and pursue all available remedies and damages. Customer represents and warrants that it is not aware of any pending or threatened litigation, action or administrative proceeding against them with respect the Property, nor is Customer aware of any basis or grounds for any such litigation, action or proceeding against them or the Property. No unpaid work, labor, or materials have been supplied to the Property upon which anyone could base a mechanics’ lien, equitable lien, or any other type of lien against the Property. COMMERCIAL CONTRACT AGREEMENT