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RecD98 1998-128977
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RecD98 1998-128977
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Last modified
7/19/2006 4:50:40 PM
Creation date
7/19/2006 4:49:41 PM
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Recorded Docs
Recorded Docs - Type
Agreement
Subject
Construction of Improvements-Parcel Map No. 98-2
Doc Num
1998-128977
Rec Date
8/13/1998
Parties
Martin/Campus Associates, L. P., a Delaware Limite
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<br />of this Agreement, or the plans and specifications referenced herein, Owners shall upon <br />receipt of a request in writing from City directing the work to be done, without delay and without <br /> <br />any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part <br /> <br />or parts of the Improvements or work. Should Owners fail to act promptly to make such repair, <br /> <br />replacement or reconstruction, or otherwise to act in accordance with this requirement to <br /> <br />repair, replace or reconstruct, or should the exigencies of the case require that repair, <br /> <br />replacement or reconstruction be made before Owners can be notified, the City may, at its <br /> <br />option, make the necessary repair, replacement or reconstruction or perform the necessary <br /> <br />work and Owners shall pay the City the actual cost of thereof plus fifteen percent (15%). <br /> <br />Notwithstanding any provisions to the contrary as set forth in this Agreement, Owners <br /> <br />shall not be responsible for repair, replacement, or reconstruction of any Improvements, <br /> <br />9. <br /> <br />SECURITY TO INSURE GUARANTEE. <br /> <br />Owners agree, as a condition <br /> <br /> <br />necessitated by Acts of God, acts of third parties (other than Owners, its agents, employees or <br /> <br />contractors) beyond Owners' ability to control, civil emergencies, natural disasters, or similar <br /> <br />acts or events. <br /> <br />precedent to City's acceptance of any of the Improvements which are the subject of this <br /> <br />Agreement, to furnish and file with the City Clerk a bond or deposit in the amount of One <br /> <br />Hundred Twenty-tow Thousand and No/100 Dollars ($122,00.00) for all expressly conditioned <br /> <br />Improvements to secure Owners' compliance with the provisions of Paragraph 8 hereof, for a <br /> <br />period of one (1) year after final acceptance of the work done under this Agreement. <br /> <br />10. <br /> <br />DEPOSIT FOR PLAN CHECK AND INSPECTION. <br /> <br />Owners shall deposit with <br /> <br />City the sum of Forty-six Thousand Forty and No/100 Dollars ($46,040.00) and No/100 Dollars <br /> <br />("Deposit"), less all amounts previously paid City by Owners for such services, to compensate <br /> <br />City for all engineering, inspection, plan check, laboratory and field testing, construction, and <br />other services furnished by City in connection with the Improvements for the said subdivision. <br /> <br />DEs:mge <br />G IshlShRedwoodiCouncil\Agmt-163 <br />06117198 <br /> <br />-6- <br />
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