Demolition Agreement_10.12.2018 - Laserfiche WebLink

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F. City and Developer desire to enter into this Agreement to allow for temporary occupancy of MOB2 in advance of the Demolition Work, and to guarantee the performance of the Demolition Work in accordance with this Agreement and the Conditions. AGREEMENT NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions set forth in this Agreement, the parties hereto agree as follows: 1. Purpose. The purpose of this Agreement is to guarantee demolition of the Tower MOB and Oak MOB in a timely manner and in accordance with the Conditions. 2. Duty to Demolish: Signal Removal. 2.1 Demolition Work. Developer will supply all labor and materials for the Demolition Work. All Demolition Work will include the removal of superstructures, foundations and utility connections and restoration of sites. 2.2 Tower MOB. Developer will obtain all required permits from OSHPD and comply with all OSHPD rules, regulations, and inspections. Developer will begin substantial work on the Tower Demolition within 6 months of a TCO being issued for the MOB2. 2.3 Oak MOB. Developer will obtain a demolition permit from the City and will begin substantial work on the Oak MOB Demolition within 6 months of a TCO being issued for the MOB2. 2.4 Signal Removal. Developer will obtain an encroachment permit from the City to remove the existing mid -block pedestrian crossing traffic signal on Maple Street and replace it temporarily with a marked mid -block crosswalk ( "Signal Removal "), to the satisfaction of the City Engineer, all in strict accordance with the terms and conditions of this Agreement. The Developer will supply all labor and materials for the Signal Removal. 3. Timing of Demolition Work and Signal Removal. Developer will complete the Demolition Work within two years of its commencement. The Developer will complete the Signal Removal within 90 days of the Effective Date of this Agreement. Either completion date may be extended by the City Engineer in his or her reasonable discretion at the request of Developer, which request shall be accompanied by a written assurance acceptable to the City Engineer that the securities required by Section 7 shall remain enforceable throughout the term of any extension. 4. Examination of Oak MOB Demolition. The Oak MOB Demolition shall be consistent with the Conditions and demolition permit, and performed and completed to the satisfaction of the City Engineer, in his or her reasonable discretion. City and its authorized agents shall, during normal business hours during the performance of the Oak MOB Demolition, have free access to the Property and shall be allowed to examine the Oak MOB Demolition work and all materials used and to be used in the Oak MOB Demolition. Access to the Oak MOB Demolition site by the City and its authorized agents is conditioned upon compliance of same with Developer's site safety protocols. Failure to comply with Developer's site safety protocols may result in the denial of site access. 5. Citv Costs; Deposit. Developer shall pay to City the actual cost for all, inspection, administration, plan check, laboratory and field testing, construction, and other services furnished by City in connection with the Oak MOB Demolition and the Signal Removal, including those performed by Page 2 of 13 REV: 07 -20-18 PR ATTY /AGR /2018.161 /KAISER MOB2 —DEMO AGREEMENT