AgdaPkt 2021.02.22 Joint SA PFA - Laserfiche WebLink

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6.E. - Page 32 of 53 F. On July 26, 2020, Developer submitted to the City an Encroachment Permit application to allow for undergrounding of utilities on Douglas Avenue; this application included preliminary joint trench plans entitled "SHC Douglas Ave Rule 20," prepared by Radius Design LLC and dated April 7, 2020 ("Improvement Plans"), which provide for new underground electrical service to replace existing overhead electrical service (collectively, "Improvements"). These Improvement Plans are concurrently under review by Pacific Gas & Electric Company ("PG&E"). G. Upon approval of the Tentative Map, Developer anticipates applying to the City for Final Map approval without having completed the required public improvements and, therefore, is entering into this Agreement with the City providing for the future construction and installation of the Improvements, as required by Government Code section 66462(a)(1). H. City and Developer desire to enter into this Agreement providing for the construction and installation of the Improvements in accordance with the Improvement Plans. AGREEMENT NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions set forth in this Agreement, the Parties hereto agree as follows: 1. Purpose. The purpose of this Agreement is to guarantee completion of the Improvements and ensure satisfactory performance by Developer of Developer's obligations to satisfy any conditions pertaining to the Improvements and required as of the Effective Date or by applicable law. 2. Property Subject to Agreement. The Property will be subject to this Agreement. 3. Duty to Install Improvements. Developer will construct, install and complete, or cause to be constructed, installed and completed, at the Developer's sole cost and expense, the Improvements, in accordance with the Improvement Plans (defined in Recital F above) and to the satisfaction of the City Engineer, in their reasonable discretion. Developer will also supply all labor and materials therefor, all in strict accordance with the terms and conditions of this Agreement. The Improvements will include, but are not necessarily limited to, all of the following: (a) Undergrounding of overhead electrical utilities and trenching; (b) all other work, improvements, or construction required by or specified in the abovementioned plans and specifications, conditions of permits and all construction, appurtenances and improvements necessary as reasonably determined by the City Engineer to complete the aforementioned improvements, both within and outside of the Property. The construction, installation and completion of the Improvements and all labor and materials furnished in connection therewith are hereinafter referred to collectively as the "Work." The Work and Improvements will be in strict compliance with the provisions of REV: 01-12-2021 PR ATTY/AGR.2021.006/Stanford Medical (Page 2 of 22) 337