Agmt 2005 Maybelle Properties LLC

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5. Work; Time for Commencement and Performance. City hereby fixes the time for the commencement of the required work to be on or about the 2005 and for its completion to be on or before the Nov . 7 , 2006. At least 15 calendar days priar to the commencement of work hereunder, Subdivider shall notify the City Engineer in writing of the date fixed by Subdivider for commencement thereof, in order that the City Engineer shall be able to provide services for inspection. 6. Location of Construction Yard. Subdivider agrees to locate any construction yard for the storage of equipment, vehicles, supplies and materials, or the preparation or fabrication thereof, to be used in connection with the installation of improvements for said subdivision or the construction of buildings therein, in such a manner so as to cause a minimum of inconvenience to persons living in the areas immediately adjacent to said subdivision, including installation of appropriate fencing and screening and to obtain the approval of the City Engineer as to the proposed location and standards for maintenance of the yard. Immediately upon completion of the last building to be constructed in the subdivision, or unit thereof, to which this agreement refers, Subdivider agrees to cease using the construction yard clear the site and restore it to its original condition, and to remove therefrom all supplies, materials, equipment, or vehicles being stored or kept thereon. Subdivider agrees not to use the construction yard in connection with the installation of improvements or construction of buildings in any other subdivision, or any other unit of the subdivision to which this agreement refers. City may extend the time within which the construction yard may be used or within which supplies, materials, equipment or vehicles may be stored or kept thereon if City shall determine that the granting of such extension will not be detrimental to the public welfare. No extension will be made except on the basis of a written application made by Subdivider to the City Engineer stating fully the grounds and facts relied upon for such extension. 7. Rights-of-Way Free From Obstruction. Subdivider agrees to keep and maintain all areas within the improved or partially improved public streets or public rights-of--way contiguous and adjacent to and within the hereinabove referred to Subdivision, including streets being constructed and/or improved pursuant to this agreement, free and clear of all building materials, dirt, mud, sand, gravel, rocks, bricks, stones, shingles, roofing material, lumber, tool sheds, construction buildings and other similar items at all TRACT MAP 7560 SUBDIVISION IMPROVEMENT AGREEMENT G:A LD\_Tract Map & Parcel MapATM7560-82 Chumalia St\SUffiMP.AGR.doc PAGE 3 OF 16