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<br />comply within a reasonable time after the event or action which precluded Owner from <br /> <br />timely performance no longer exists. <br /> <br />It is agreed that Owner shall not be in default if it is unable to complete a portion <br /> <br /> <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 /> <br /> <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 /> <br />small portion of relocated Franklin Street, consisting of approximately 215 square feet, <br />and more particularly identified in the "Acquisition for the Realignment of Franklin <br /> <br />Street Property Description" prepared by Brian Kangas Foulk dated August 27, 1999, <br />attached hereto and made a part hereof as Attachment "A" (the "Triangle Property") , is <br /> <br />owned by a third party. <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 />Agmt-357 <br />AKJdjk <br />F :/5hared/Redwood/Cou ncil <br />5/22/00 5/31/00R <br /> <br />8 <br /> <br />1111111111111111111111111111111111111111111111111111111 ~~~TI~~ ~r~?923 <br />