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RecDoc 2015-052074
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RecDoc 2015-052074
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Last modified
6/15/2015 3:27:42 PM
Creation date
6/15/2015 3:27:40 PM
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Recorded Docs
Recorded Docs - Type
Agreement
Subject
Improvement Agmt 24 Hr. Fitness SunCap RWC LLC
Doc Num
2015-052074
Rec Date
5/20/2015
APN
054-023-080 and 054-023-090
Address
1050 Broadway St
Parties
SunCap Redwood City, LLC
MO Ref
15-059
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In the event a conflict exists between the Improvement Plans and the requirements of Chapter 30 of the <br /> Redwood City Code, the stricter requirement or standard shall govern, as reasonably determined by the <br /> City Engineer. <br /> 4. Completion Date. <br /> 41 Developer will complete the Work within one year of the Effective Date. All <br /> Work will be completed in a good and worlm�anlike manner in accordance with accepted design <br /> and construction practices and consistent with the Improvement Plans. This completion date may <br /> be extended by City in its sole and absolute discreiion at the request of Developer,which request <br /> shall be accompanied by a written assurance acceptable to the City Engineer that the securities <br /> required by Section 13 shall remain enforceable throughout the term of the�tension. <br /> 4 2 Notwithstanding the preceding section 4.1,if delays occur in the construction of <br /> an Improvement, through events or circumstances not within the direct control of Developer, <br /> � Developer will not be considered to be in default of its obligations to construct the Improvement. <br /> Developer shall be excused for,among other things,any delays or defaults in the performance of <br /> this Agreement unavoidably caused by the City or any other governmental authority,acts of God, <br /> the elements,war,litigarion,strikes,walkouts or other causes beyond Developer's control. <br /> 5. Estimated Cost of Work. The engineer's estimated cost of the Work is One Hundred <br /> Thirty Five Thousand Six Hundred Sixty Four and No/100 Dollars ($135,664.00) ("Estimated Cost of <br /> Work"). <br /> 6. Modifications to the Plans. Approval of this Agreement by City does not release <br /> Developer of its responsibility to correct mistakes, errors ar omissions in the Improvement Plans. If,at <br /> any time, in the opinion of the City Engineer, in his reasonable discretion, the Improvement Plans are <br /> deemed inadequate in any respect,Developer agrees to make such modifcations,changes or revisions as <br /> necessary in order to comptete the Work in a good and worlananlike manner in accordance with accepted <br /> design and construction standards and consistent with the Conditions and Improvement Plans. <br /> 7. Reuairs. Developer agrees to repair or have repaired in a timely manner at its sole cost <br /> and expense a11 public roads, streets, or other public or private properiy damaged as a result of or <br /> incidental to the Work or in connection with the development of the Property, or to pay to the property <br /> owner of any damaged road, street or property the fu11 cost of such repair. In addition,Developer shall <br /> endeavor to obtain the written acceptance of such repair or payment from any owner whose private or <br /> public property was repaired by Developer or to whom Developer has paid the full cost of such repair in <br /> accordance with this Section 7. City shall be under no obligation whatscever to accept the Work <br /> completed under this Agreement wnril such time as all repairs have been completed or have been paid for <br /> and written acceptances have been provided to the City Engineer. <br /> 8. Forernan or Suuerintendent. Developer shall give personal attention to the Work. A <br /> competent foreman or superintendent, satisfactory to the City Engineer in lris reasonable discretion with <br /> authority to act for and on behalf of Developer, shall be named in writing by Developer prior to <br /> commencement of the Work, shall be present on the Property during the performance of the Work and <br /> may not be changed without advance notification to and the concu�rence of the City Engineer. <br /> 9. Examination of Work. All of the Work sha.11 be consistent with the Improvement Plans <br /> and performed to the satisfaction of the City Engineer, in his reasonable discretion. City and its <br /> authorized agents shall,at all times during the performance of the Work,have free access to the Propeity <br /> REV:02-20-15 VR <br /> Page3 of21 <br /> ATTY/AGR.2015.034/SunCap Redwood LLC(IA) <br />
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