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RecD00 2000-116763
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RecD00 2000-116763
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Last modified
7/18/2006 3:31:20 PM
Creation date
7/18/2006 3:24:38 PM
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Recorded Docs
Recorded Docs - Type
Agreement
Subject
Construction of Improvements - Towers @ Shores Ctr
Doc Num
2000-116763
Rec Date
9/20/2000
Parties
M.V. Golden State Towers, LLC and Spieker Properti
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<br />furnish City with a complete set of plans and drawings showing the <br /> <br />Improvements in their actual or "as built" condition and location. <br /> <br />7. Guarantee of Workmanship and Materials. Ground Lessee agrees <br /> <br />that if, within a period of one (1) year after final acceptance of any work done <br /> <br />under this Agreement, the improvements furnished and/or installed or <br /> <br />constructed or caused to be constructed by Ground Lessee, or any of the work <br /> <br />done under this Agreement, fails to fulfill any of the requirements of this <br /> <br />Agreement, or the plans and specifications referenced herein, Ground Lessee <br /> <br />shall, upon receipt of a request in writing from City directing the work to be done, <br /> <br />without delay and without any cost to City, repair or replace or reconstruct any <br /> <br />defective or otherwise unsatisfactory part or parts of the Improvements or work. <br /> <br />Should Ground Lessee fail to act promptly to make such repair, replacement, or <br /> <br />reconstruction, or otherwise to act in accordance with this requirement to repair, <br /> <br />replace, or reconstruct, or should the exigencies of the case require that repair, <br /> <br />replacement, or reconstruction be made before Ground Lessee can be notified, <br /> <br />the City may, at its option, make the necessary repair, replacement, or <br /> <br />reconstruction or perform the necessary work, and Ground Lessee shall pay to <br /> <br />City the actual cost of thereof plus fifteen (15) percent. <br /> <br />Notwithstanding any provision to the contrary as set forth in this <br /> <br />Agreement, Ground Lessee shall not be responsible for repair, replacement, or <br /> <br />reconstruction of any Improvements, necessitated by Acts of God, acts of third <br /> <br />parties (other than Ground Lessee, its agents, employees, or contractors) <br /> <br />F :\shared\RedwoodICouncil <br />Agmt-375 <br />FXS:ep <br />07/27/00, 08/02/00R, 08/14/00RR <br /> <br />7 <br /> <br />I III/II 1/11 11111111//1/1 1111/111 I!I/III 11/1111//11/111 I <br /> <br />2000-116763 <br />09/20/2000 11 :24A <br />AG Page: 8 of 14 <br />
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