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AgdaPkt 2017-09-11 Closed and Joint SA PFA
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AgdaPkt 2017-09-11 Closed and Joint SA PFA
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Last modified
9/21/2017 12:51:50 PM
Creation date
9/7/2017 6:06:39 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
9/11/2017
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6.1.A. - Page 6 <br /> be extended by the City Engineer in his or her sole and absolute discretion at the request of Developer, <br /> which request shall be accompanied by a written assurance acceptable to the City Engineer that the <br /> securities required by Section 13 shall remain enforceable throughout the term of the extension. <br /> 5. Estimated Cost of Work. The engineer's estimated cost of the Work is One Million Six <br /> Hundred Thirty-One Thousand One Hundred Sixty-Four and No/100 Dollars($1,631,164.00)("Estimated <br /> Cost of 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 or 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 technical respect, Developer agrees to make such modifications, changes or <br /> revisions as necessary in order to complete the Work in a good and workmanlike manner in accordance <br /> with accepted design and construction standards and consistent with the Conditions and Improvement <br /> Plans. <br /> 7. Repairs. Developer agrees to repair or have repaired in a timely manner at its sole cost <br /> and expense all public roads, streets, or other public or private property 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 full cost of such repair. In addition, Developer shall <br /> obtain the written acceptance of such repair or payment from any owner whose private or public property <br /> was repaired by Developer or to whom Developer has paid the full cost of such repair in accordance with <br /> this Section 7. City shall be under no obligation whatsoever to accept the Work completed under this <br /> Agreement until such time as all repairs have been completed or have been paid for and written <br /> acceptances have been provided to the City Engineer, <br /> 8. Foreman or SLiperintendent. Lessee shall give personal attention to the Work. A <br /> competent foreman or superintendent, satisfactory to the City Engineer in his reasonable discretion with <br /> authority to act for and on behalf of Lessee, shall be named in writing by Lessee prior to commencement <br /> of the Work, shall be present on the Property during the performance of the Work and may not be <br /> changed without advance notification to and the concurrence of the City Engineer. <br /> 9. Examination of Work. All of the Work shall be consistent with the Improvement PIans <br /> and performed to the satisfaction of the City Engineer,in his reasonable discretion.City and its authorized <br /> agents shall, at all times during the performance of the Work, have free access to the Property and the <br /> Work and shall be 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 engineering, <br /> inspection, administration, plan check, laboratory and field testing, construction, and other services <br /> furnished by City in connection with this Agreement, including those performed by consultants under <br /> contract with City ("City Costs"). Developer shall deposit with City the sum of Eighty-Six Thousand <br /> Nine Hundred Thirty-Four and 92/100 Dollars ($86,934.92) ("Deposit") to compensate City for all City <br /> Costs. Developer understands that the Deposit is an estimate and further agrees to pay to City the actual <br /> cost of providing such services, in accordance with the City's current fees. Developer agrees to complete <br /> payment of such additional sum or sums for the services provided by City, if any, within ten (10) days <br /> after billing by City of the additional sum to be paid and agrees that the amount payable shall be increased <br /> by ten percent (10%) in the event payment is not made within such ten (10) day period. Any part of the <br /> Deposit or such additional 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 accordance with the <br /> Improvement Plans and the terms and conditions of this Agreement, (b) repairs any private or public <br /> REV:08-31-17 PR <br /> Page of 22 <br /> ATTY/AGR.2017.195/Lane-Broadway, LLC-IA <br />
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