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Agmt99 Manzanita Associates
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Agmt99 Manzanita Associates
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Last modified
7/5/2005 3:02:31 PM
Creation date
5/19/2005 10:00:00 AM
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Template:
Agreement
Contractor Name
Manzanita Associates
PROJECT NAME
construction of Manzanita & Heller Streets - 338 Manzanita
RMP File Number
304
Date
4/21/1999
Reso Ref
13594
MO Ref
00-311
Box
5901
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<br />- <br /> <br />($16,340.00) ("Deposit"), less all amounts previously paid to City by owner for <br /> <br />such services, to compensate City for all engineering, inspection, plan check, <br /> <br />laboratory and field testing, construction, and other services furnished by City in <br /> <br />connection with the Improvements. Owner understands that the Deposit is an <br /> <br />estimate and further agrees to pay to City the actual cost of providing such <br /> <br />services, in accordance with the City's current fees. Owner agrees to complete <br /> <br />payment of such additional sum or sums for the services provided by City, if any, <br /> <br />within ten (10) days after billing by City of the additional sum to be paid and <br /> <br />agrees that the amount payable shall be increased by ten (10) percent in the <br /> <br />event payment is not made within such ten (10) day period. Any part of the <br /> <br />Deposit or such additional sum or sums not utilized by City shall be returned <br /> <br />promptly to Owner. <br /> <br />10. Time Extensions/Immunity from Acts o~. Owner shall not be <br /> <br />in default of any provision of this agreement or subject to any penalty hereunder <br /> <br />where timely performance or timely compliance is prevented by Acts of God, <br /> <br />including <br /> <br />natural disasters, <br /> <br />and/or unusually inclement weather" <br /> <br />civil <br /> <br />emergencies, inability to obtain materials (except for such inability occasioned by <br /> <br />the act, or failure to act, of Owner), change in governmental regulations, or <br /> <br />similar acts which are beyond Owner's reasonable ability to control; however, <br /> <br />Owner shall be obligated to perform or comply within a reasonable time after the <br /> <br />event or action which precluded Owner from timely performance no longer exists. <br /> <br />11. Independent Contractor. It is mutually understood and agreed that <br /> <br />neither Owner nor any of Owner's agents or contractors are, or sha II be, <br />Agmt-248 8 <br />F; \shared\Redwood\Cou n cil <br />FXS:djk <br />03/26/99 <br /> <br />.'..- """',,,. -" T- , <br />
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