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liability assumed by Owner under the terms of this agreement, including, but not <br />limited to, the provisions of paragraph 1 above. <br /> <br /> 5. Time is of the essence of this agreement; provided, however, that in <br />the event good cause is shown therefor to City by Subdivider, City may extend <br />the time in which the aforementioned improvements may be made and <br />completed under this agreement; provided, however, that said extensions of <br />time, if any, may be granted without notice to the surety, escrow agent, or <br />guarantor and any extensions so granted shall not relieve the surety, escrow <br />agent, or guarantor of any responsibility or guarantee and shall not affect the <br />bond, deposit, or instrument of credit given to secure Subdivider's performance <br />under this agreement. City shall be the sole and final judge of whether or not <br />good cause has been shown to entitle Subdivider to an extension of time <br />hereunder. Subdivider shall provide a copy of the agreement to surety or <br />otherwise inform surety of the above extension provisions of this agreement. <br /> <br /> 6. It is agreed that title and ownership of any and all improvements <br />constructed for the benefit of City hereunder by Subdivider shall vest absolutely <br />in City, upon completion and acceptance of such improvements by City. <br /> <br /> 7. All work provided for in this agreement and more specifically described <br />in the plans and specifications herein referenced shall be subject to the approval <br />and acceptance by the City Engineer before the release of any security required <br />herein. Upon completion of the aforementioned work, and prior to the release of <br />any security required herein, Subdivider shall furnish City with a complete set of <br /> <br />F:~shar ec~R edwood',Cou ncil 5 <br />Agmt*124 <br />FXS:rg <br />10/07/97 <br /> <br /> <br />