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<br />s t::; - 1 "-1 <br /> <br />It is agreed that Owner shall not be in default if it is unable to complete a portion <br />of the work relating to Monroe Street because of the rights of third parties that preclude <br /> <br />performing work such as closing driveways or constructing curbs, and the failure to <br />complete such items because of such third party rights will not prevent Owner from <br /> <br />obtaining the release of security required hereunder, provided Owner shall have <br />performed all other work required hereunder. <br /> <br />12. <br /> <br />INDEPENDENT CONTRACTORS. <br /> <br />It is mutually understood and <br /> <br />agreed that neither Owner nor any of Owner's agents or contractors are, or shall be, <br />considered to be agents or employees of the City of Redwood City in connection with <br /> <br />the performance of Owner's obligations under this Agreement. <br /> <br />13. <br /> <br />ASSIGNABILITY. Owner may assign this Agreement subject to City's <br /> <br />approval, which shall not be unreasonably withheld. <br /> <br />14. ASSEMBLAGE OF FRANKLIN STREET <br /> <br />The parties mutually acknowledge that the Improvements to be constructed <br />hereunder are to be constructed on a portion of Franklin Street as relocated in <br /> <br />accordance with the plans and specifications for such Improvements and, further, that a <br />small portion of relocated Franklin Street, consisting of approximately 215 square feet, <br /> <br />and more particularly identified in the "Acquisition for the Realignment of Franklin Street <br />Property Description" prepared by Brian Kangas Foulk dated August 27, 1999, attached <br /> <br />hereto and made a part hereof as Attachment "A" (the "Triangle Property"), is owned by <br />a third party. <br /> <br />The parties acknowledge that it will be necessary to acquire, by negotiation or <br /> <br />condemnation, <br /> <br />and to convey to City fee title to the Triangle Property <br /> <br />for <br /> <br />establishment of the public right-of-way over Franklin Street, in order to complete the <br />assemblage of Franklin Street and to allow Owner to complete the Improvements <br /> <br />required by this Agreement. Owner agrees to pay the full costs, including legal costs, <br />Agmt-357 8 <br />AKldjk <br />F :/Shared/Redwood/Cou ncil <br />5/22/00 5/31/00R <br />