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RecDoc 2020-059049
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RecDoc 2020-059049
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Last modified
2/26/2021 9:40:39 AM
Creation date
2/5/2021 9:32:49 AM
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Recorded Docs
Recorded Docs - Type
Agreement
Subject
Improvement Agreement
Doc Num
2020-059049 CONF
Rec Date
6/24/2020
Address
610 Walnut St
Parties
Windy Hill PV Five CM, LLC
MO Ref
20-081
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(1) all other work, improvements, or construction required by or specified in <br />the abovementioned plans and specifications, conditions of permits and <br />all construction, appurtenances and improvements necessary as <br />reasonably determined by the City Engineer to complete the <br />aforementioned improvements, both within and outside of the Property. <br />The construction, installation and completion of the Improvements and all labor <br />and materials furnished in connection therewith are hereinafter referred to collectively as <br />the "Work." The Work and Improvements will be in strict compliance with the provisions <br />of Chapter 30 of the Redwood City Code. In the event a conflict exists between the <br />Improvement Plans and the requirements of Chapter 30 of the Redwood City Code, the <br />stricter requirement or standard will govern, as determined by the City Engineer. <br />4. Completion Date. Developer will complete the Work within one year of the <br />Effective Date. All Work will be completed in a good and workmanlike manner in <br />accordance with accepted design and construction practices and consistent with the <br />Improvement Plans. This completion date may be extended by the City Engineer in their <br />sole and absolute discretion at the request of Developer, which request will be <br />accompanied by a written assurance acceptable to the City Engineer that the securities <br />required by Section 13 will remain enforceable throughout the term of the extension. <br />5. Estimated Cost. of Work. The engineer's estimated cost of the Work is Four <br />Hundred Sixty Three Thousand Three Hundred and Ninety Dollars ($463,390.00) <br />("Estimated Cost of Work"). <br />6. Modifications to the Plans. Approval of this Agreement by City does not <br />release Developer from its responsibility to correct mistakes, errors or omissions in the <br />Improvement Plans. If, at any time, in the opinion of the City Engineer, in their reasonable <br />discretion, the Improvement Plans are deemed inadequate in any respect, Developer <br />agrees to make such modifications, changes or revisions as necessary in order to <br />complete the Work in a good and workmanlike manner in accordance with accepted <br />design and construction standards and consistent with the Conditions and Improvement <br />Plans. <br />7. Repairs. Developer will either (a) repair or have repaired in a timely manner <br />at its sole cost and expense all public roads, streets, or other public or private property <br />damaged as a result of or incidental to the Work or in connection with the development <br />of the Property, or (b) pay to the property owner of any damaged road, street or property <br />the full cost of such repair. In addition, Developer will obtain the written acceptance of <br />such repair or payment from any owner whose private or public property was repaired by <br />Developer or to whom Developer has paid the full cost of such repair in accordance with <br />this Section 7. City will be under no obligation whatsoever to accept the Work completed <br />under this Agreement until such time as all repairs have been completed or have been <br />paid for and written acceptances have been provided to the City Engineer. <br />8. Foreman or Superintendent. Developer will give personal attention to the <br />Work. A competent foreman or superintendent, satisfactory to the City Engineer in their <br />REV: 05-13-2020 PR <br />ATTY/AGR.2020.077/IA - Windy Hill PV Five CM, LLC (Page 3 of 24) <br />
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