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RecDoc 2013-028631
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RecDoc 2013-028631
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Last modified
3/4/2013 3:53:22 PM
Creation date
3/4/2013 3:53:20 PM
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Recorded Docs
Recorded Docs - Type
Agreement
Subject
Improvement Agmt
Doc Num
2013-028631
Rec Date
2/21/2013
Address
640 Veterans Boulevard
Parties
BRE Properties, Inc.
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revisions as 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 conditions and Improvement <br /> Plans. <br /> 7. 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 Work or in connection with the development of the Property, or to pay to the property <br /> owner of any damaged road, street or property the full cost of such repair. In addition, Developer shall <br /> obtain the written acceptance of such repair or payment from any owner whose private or public property <br /> was repaired by Developer or to whom Developer has paid the full cost of such repair in accordance with <br /> this Section 7. City shall be under no obligation whatsoever to accept the Work completed under this <br /> Agreement until such time as all repairs have been completed or have been paid for and written <br /> acceptances have been provided to the City Engineer. <br /> 8. Foreman or Superintendent. Developer shall give personal attention to the Work. A <br /> competent foreman or superintendent, satisfactory to the City Engineer in his reasonable discretion, with <br /> authority to act for and on behalf of Developer, shall be named in writing by Developer prior to <br /> commencement of the Work, shall be present on the Property during the performance of the Wark and <br /> may not be changed without advance notification to and the concurrence of the City Engineer. <br /> 9. Examination of Wark. All of the Work shall be consistent with the Improvement Plans <br /> and performed to the satisfaction of the City Engineer, in his reasonable discretion. City and its <br /> authorized agents shall, at all times during the performance of the Work, have free access to the Property <br /> and the Work and shall be allowed to examine the Work and all materials used and to be used in the <br /> Work. <br /> 10. Citv Costs; Deposit. Developer shall pay to City the actual cost for all engineering, <br /> inspection, administration, plan check, laboratory and field testing, construction, and other services <br /> furnished by City in connection with this Agreement, including those performed by consultants under <br /> contract with City ("City Costs"). Developer shall deposit with City the sum of Fifty Thousand and <br /> No/100 Dollars ($50,000.00) ("Deposit") to compensate City for all City Costs. Developer understands <br /> that the Deposit is an estimate and further agrees to pay to City the actual cost of providing such services, <br /> in accordance with the City's current fees. Developer agrees to complete payment of such additional sum <br /> or sums for the services provided by City, if any, within thirty(30)days of receipt after billing by City of <br /> the additional sum to be paid and agrees that the amount payable shall be increased by ten percent(10%) <br /> in the event payment is not made within such thirty (30) day period. Any part of the Deposit or such <br /> additional sum or sums not utilized by City shall be returned promptly to Developer. <br /> 11. Completion of Work. After Developer (a) completes the Work in accordance with the <br /> Improvement Plans and the terms and conditions of this Agreement, (b) repairs any private or public <br /> property damaged as a result of the Work or pays the full cost of such repair to the owner whose property <br /> was damaged and (c) obtains the written acceptance of such repair or payment from any owner whose <br /> private property was repaired by Developer or to whom Developer paid the full cost of such repair, <br /> Developer will provide City with a written notice of completion, together with copies of all written <br /> acceptances. <br /> 12. Final Acce tp ance. <br /> 12.1 Notice of Completion. Within thirty (30) days of receipt of Developer's written <br /> notification pursuant to Section 11 above, the City Engineer shall inspect the Work and repairs <br /> and review the written acceptances, if any, and send Developer a written notice stating whether <br /> ATTY/AGR/2013.005l640 VETERANS IMPROVEMENT AGREEMENT <br /> REV:01-09-13 VR <br /> Page 3 of 18 <br />
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