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