Southtowns Record

SUPPORTING DOCUMENTS-3

Government
Town of Aurora
Board
Town Board
Meeting
Mar 23, 2026
Kind
Agenda packet
Topics
Zoning and land use, Parks and recreation, Water, sewer and drainage, Public safety, Budget and taxes, Roads and traffic, Audits and oversight

Original document

Same meeting

Text · page 34 of 64

Read the whole document on one page (all 64 pages, each with its own heading)

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will be liable to and shall pay Builder for all work and non-cancelable costs incurred by Builder
up through the date of cancelation. If Client paid a deposit (which is applicable only if expressly
so indicated above in the payment schedule section of this Agreement), the deposit or portion
thereof will be applied against the amount due to Builder for its work and costs. If the amount
of the deposit, if any, is greater than the amount due to Builder for its work and costs, the
remaining balance of the deposit shall be refunded to Client. If the amount of the deposit, if
any, is less than the amount due to Builder for its work and costs, Client shall promptly make
payment to Builder of such amount in excess of the deposit.

Client understands that if changes are determined to be necessary during the course of
construction, Client will discuss this with the Builder, and upon agreement as to additional
compensation to be paid to Builder and additional time to complete the project, a written
Change Order will be issued and executed by both parties. The Client will then become
responsible for all additional costs of the agreed upon changes in the Change Order.

If Customer requests and Builder agrees to extend the original Agreed Construction Completion
Date or Builder's work on the project is prevented or delayed by Customer for any reason such
that Builder cannot complete the project by the original Agreed Construction Completion Date,
Builder shall be entitled to impose, and Customer agrees to promptly pay, an equitable increase
in the price of the project. Any such increase is intended to compensate Builder for, among
other things, carrying costs of inventory, increases in the costs of goods or materials, and
increases in the cost of labor (which includes, but is not limited to, any requirement to pay
prevailing wages or higher prevailing wages or other amounts). Without limiting its other rights
and remedies, Builder shall be entitled to terminate this Agreement if the delay extends beyond
365 days from the original Agreed Construction Completion Date.

Builder will be responsible for all materials and equipment necessary for the completion of the
Building, as outlined in Addendum  1.

Title to and ownership of the Building and all parts and components which comprise the Building
remain with Builder until such time as all amounts due under this Agreement are paid in full by
Client.

Client acknowledges that the Building is manufactured by a third party and not by Builder,
Accordingly, Builder shall, to the fullest extent permitted by law, have no liability for any defects
in design, manufacture, or workmanship with respect to the Building.  However, in the event
that any defects are identified by Client to Builder in writing, Builder will, at Client’s request,
provide reasonable assistance by interfacing with the manufacturer.

Builder agrees to coordinate the construction with Client. Builder agrees that (a) any delays
which are not caused by Client or which are not due to a force majeure event or other
circumstances outside of Builder’s control, and/or (b) changes not specified in this Agreement
must be agreed upon by the Client.
If conditions at the Site are or at any time become unsuitable or are otherwise improper such
that the commencement or continuation of Builder’s is unreasonable, Builder will not
commence and/or may immediately cease and shall not resume the work.  In such event,