Agmt 2003 Bayside Business Center LP (3)

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AGREEMENTS 1. Performance of Work. Subdivider agrees to furnish, constnlct, and install at his own expense all required public improvements identified in the conditions to the approval of the subdivision, and as shown on the plans prepared by Center Line Land Surveying, Inc. identified as bayside Business Center-Site Development Plans, and specifications of said subdivision, a copy of which is on file in the Office of the City Engineer and is incorporated herein by reference and all other improvements required by the City Engineer based upon the standards imposed by Title VII, Chapter 8 of the San Leandro Municipal Code of 1985 and the Standard Specifications adopted by the City of San Leandro for public works. Subdivider's costs shall include all necessary relocation of existing utilities. 2. Work; Satisfaction of City En Ig~neer. All of the work on the required improvements is to be done at the places, with the materials, in the manner, and at the grades, all as shown upon the approved plans and specifications, and to the reasonable satisfaction of the City Engineer. 3. Work; Inspections; Fees. The City Engineer or his designee shall inspect all of the improvements made pursuant hereto to determine that they comply with all City regulations. Concurrently with the execution of this agreement, the Subdivider shall deposit with the City the sum of Twen - Thousand ($ 20,000.00 ) to cover the cost of inspection of the improvements. Subdivider hereby agrees to increase the amount of the deposit to pay City the actual cost of inspection if such costs should exceed the original deposit. Any unexpended amount will be returned to the Subdivider at the time of initial acceptance of the required improvements by the City Council. 4. Modification for Unforeseeable Circumstances. Subdivider reserves the right to modify said plans and specifications as the development progresses should unforeseen conditions occur, provided written approval is first obtained from the City Engineer. The City shall bear no responsibility whatsoever for work performed and rejected by the City Engineer. City reserves the right to make reasonable modifications to the plans and specifications whenever field conditions and/or public safety require such modifications. Subdivider shall pay City for all costs incurred in checking and inspection resulting from said modificatiar7s. TRACT Tv1AP 7382 SUBDIVISION IMPROVEMENT AGREEMENT (PRIVATE IMPROVEMENT) G:A_LD\ Tract Map & Parcel Map\Tm7382HohenerProp\SUBIMP(private)AGR.doc PAGE 2 OF 16