8I Consent 2010 0301 - Laserfiche WebLink

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"Sanitary Sewer Realignment Plan" dated January 12, 2010, approved by the City, and on file in the office of the City Engineer, (all of the foregoing plans and specifications are hereinafter collectively referred to as the "Plans"), and (B) the other improvements (excluding the Private Improvements) shown on the Plans (hereafter, the "Public Improvements"), all in accordance with the requirements and conditions set forth in the Resolution, the San Leandro Municipal Code, and the Map Act. The Private Improvements and the Public Improvements are collectively referred to herein as the "Improvements." The City intends to accept the Improvements upon satisfactory completion thereof subject to the terms and conditions of this Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Incorporation of Recitals. The Parties acknowledge the truth of the foregoing Recitals, which are hereby incorporated herein and made a part of this Agreement. 2. Performance of Work; Compliance with Plans; Modifications. Owner shall furnish, construct and install at Owner's sole expense, all of the Improvements and all other improvements required by the City Engineer pursuant to this Agreement, in accordance with the Plans, the Resolution, and the Map Act, 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. All work on the Improvements shall be done at the places, with the materials, in the manner, and at the grades as shown upon the Plans and to the reasonable satisfaction of the City Engineer. Owner shall be solely responsible for the cost of any required relocation of existing utilities. Owner reserves the right to modify the Plans as development progresses if unforeseen conditions occur, provided that the prior written approval of the City Engineer is obtained. Owner shall submit any proposed changes to the Plans to the City Engineer's designated representative for review and approval. Construction shall not begin on modifications until the City Engineer approves the modified Plans in writing. City reserves the right to make reasonable modifications to the Plans whenever field conditions and/or public safety require such modifications. Owner shall pay City for all costs incurred in plan checking and inspection resulting from modifications requested by Owner or required by City pursuant to this Section 2. 3. Time for Performance; Extensions. Owner will ~ portion of the Improvements for which City issues following the date upon which City issues such permits, such Improvements within twelve (12) months following thereof, unless the commencement and/or completion approval of the City Engineer pursuant to this Section. :ommence construction of each permits within thirty (30) days and shall complete the work for commencement of construction dates are extended by written 1328680-7 2