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Agmt12 201 Marshall LLC
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Agmt12 201 Marshall LLC
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Last modified
8/13/2012 12:13:46 PM
Creation date
7/9/2012 9:39:17 AM
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Template:
Agreement
Contractor Name
201 Marshall LLC
PROJECT NAME
201 Marshall Street Improvement plans
RMP File Number
304
Date
6/11/2012
MO Ref
12-131
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(e) water system, complete <br /> (fl storm drainage system, complete <br /> (g) site lighting system, complete <br /> (h) street trees <br /> (i) landscaping and irrigation system complete <br /> (j) utility joint trenching <br /> (k) and all other work, improvements, or construction required by or mentioned in the <br /> abovementioned plans and specifications, conditions of permits and all construction, <br /> appurtenances and improvements necessary as reasonable determined by the City <br /> Engineer to complete the aforementioned improvements, both within and outside of <br /> the abovementioned subdivision. <br /> The construction, installation and completion of the Improvements and all labor and materials furnished <br /> in connection therewith are hereinafter referred to collectively as the "Work." The Work and <br /> Improvements shall be in strict compliance with the provisions of the Downtown Precise Plan. In the <br /> event a conflict exists between the Plans and the requirements of the Downtown Precise Plan, the stricter <br /> requirement or standard shall govern,as determined by the City Engineer. <br /> 3. Com�letion Date. Developer will complete the Work within twenty (20) months <br /> following the Effective Date. All Work will be completed in a good and workmanlike manner in <br /> accordance with the Improvement Plans. This completion date may be extended by City in its sole and <br /> absolute discretion at the request of Developer, which request shall be accompanied by a written <br /> assurance acceptable to the City Engineer that the securities required by Section 13 shall remain <br /> enforceable throughout the term of the extension. <br /> 4. Estimated Cost of Work. The engineer's estimated cost of the Work is Three Hundred <br /> Sixty Six Thousand Six Hundred Fifty and No/100 Dollars($366,650.00)(`Bstimated Cost of Work"). <br /> 5. Modifications to the Plans. Approval of this Agreement by City does not release <br /> Developer of its responsibility to correct mistakes, errors or omissions in the Improvement Plans. If, at <br /> any time, in the opinion of the City Engineer, in his reasonable discretion, the Improvement Plans are <br /> deemed inadequate in any respect, Developer agrees to make such modifications, changes or revisions as <br /> reasonably necessary in order to complete the Work in a good and workmanlike manner in accordance <br /> with accepted design and construction standards and consistent with the Downtown Precise Plan and <br /> Improvement Plans. <br /> 6. Repairs. Developer agrees to repair or have repaired in a timely manner at its sole cost <br /> and expense all public roads, streets, or other public or private property damaged as a result of or <br /> incidental to the Wark or in connection with the development of the Property. City shall be under no <br /> obligation whatsoever to accept the Work completed under this Agreement until such time as all repairs <br /> have been completed or have been paid for. <br /> 7. Foreman or Superintendent. A competent foreman or superintendent, satisfactory to the <br /> City Engineer in his reasonable discretion with authority to act for and on behalf of Developer, shall be <br /> named in writing by Developer prior to commencement of the Work, shall be present on the Property <br /> ATTY/AGR/2012.055/SUBDIVISION IMPROVEMENT AGREEMENT 201 MARSHALL <br /> REV:06-05-12 VR <br /> Page 2 of 16 <br />
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