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RecDoc 2016-099063 Improvement Agreement The Grove 50,80,88 Finger Ave
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RecDoc 2016-099063 Improvement Agreement The Grove 50,80,88 Finger Ave
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Last modified
10/25/2016 1:02:44 PM
Creation date
10/25/2016 12:53:44 PM
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Recorded Docs
Recorded Docs - Type
Agreement
Subject
Improvement Agreement 50, 80 and 88 Finger Avenue
Doc Num
2016-099063
Rec Date
9/27/2016
APN
052-061-200, 052-061-180, 052-061-170
Address
50, 80 and 88 Finger Avenue
Parties
Liberty Hall Lane Partners, LP
MO Ref
16-163
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completed under this Agreement until such time as all repairs have been completed or <br /> have been paid for and written acceptances have been provided to the City Engineer. <br /> 8 . Foreman or Superintendent. Developer shall give personal attention to <br /> the Work. A competent foreman or superintendent, satisfactory to the City Engineer in <br /> his reasonable discretion with authority to act for and on behalf of Developer, shall be <br /> named in writing by Developer prior to commencement of the Work, shall be present on <br /> the Property during the performance of the Work and may not be changed without <br /> advance notification to and the concurrence of the City Engineer. <br /> 9 . Examination of Work. All of the Work shall be consistent with the <br /> Improvement Plans and performed to the satisfaction of the City Engineer, in his <br /> reasonable discretion . City and its authorized agents shall , at all times during the <br /> performance of the Work, have free access to the Property and the Work and shall be <br /> allowed to examine the Work and all materials used and to be used in the Work. <br /> 10 . City Costs; Deposit. Developer shall pay to City the actual cost for all <br /> engineering, inspection , administration , plan check, laboratory and field testing , <br /> construction , and other services furnished by City in connection with this Agreement, <br /> including those performed by consultants under contract with City ("City Costs"). <br /> Developer shall deposit with City the sum of Seventeen Thousand and No/100 Dollars <br /> ($ 17,000 .00) ("Deposit") to compensate City for all City Costs. Developer understands <br /> that the Deposit is an estimate and further agrees to pay to City the actual cost of <br /> providing such services, in accordance with the City's current fees. Developer agrees <br /> to complete payment of such additional sum or sums for the services provided by City, if <br /> any, within ten ( 10) days after billing by City of the additional sum to be paid and agrees <br /> that the amount payable shall be increased by ten percent ( 10%) in the event payment <br /> is not made within such ten ( 10) day period . Any part of the Deposit or such additional <br /> sum or sums not utilized by City shall be returned promptly to Developer. <br /> 11 . Completion of Work. After Developer (a) completes the Work in <br /> accordance with the Improvement Plans and the terms and conditions of this <br /> Agreement, (b) repairs any private or public property damaged as a result of the Work <br /> or pays the full cost of such repair to the owner whose property was damaged and (c) <br /> obtains the written acceptance of such repair or payment from any owner whose private <br /> property was repaired by Developer or to whom Developer paid the full cost of such <br /> repair, Developer will provide City with a written notice of completion , together with <br /> copies of all written acceptances. <br /> 12 . Final Acceptance. <br /> 12 . 1 Notice of Completion . Within thirty (30) days of receipt of <br /> Developer's written notification pursuant to Section 11 above, the City Engineer <br /> shall inspect the Work and repairs and review the written acceptances, if any, <br /> and send Developer a written notice stating whether the Work and repairs are <br /> complete to the satisfaction of the City Engineer, in his reasonable discretion, <br /> and whether the written acceptances have been provided . If the Work and <br /> Page 4 of 23 <br /> REV: 08-11-16 VR <br /> A I I Y/AGR.2016.214/FINGER IMPROVEMENT AGREEMENT <br />
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