Inst 2010 Agmt CIPP - Laserfiche WebLink

Home

Any dispute regarding this Agreement shall be filed and heard in Alameda Superior Court or in the federal court for the Northern District of California. 15.9 Abstract. Concurrently with the execution of this Agreement, Owner has executed, and has caused to be acknowledged, an abstract of this Agreement. Owner agrees that City may record such abstract in the Official Records of Alameda County. 15.10 Additional Terms and Conditions. This Agreement is subject to the following additional terms and conditions: (a) All Improvements shall be completed to the satisfaction of the City Engineer prior to the issuance of final building inspection approvals by the Chief Building Official of the City of San Leandro. (b) If any portion of the work to be performed pursuant to this Agreement will not be completed prior to October 15 of any calendar year, Owner shall provide, on or before September 1 of such year, an Amended Erosion and Sedimentation Control Plan to the City Engineer for review and approval. Such Plan shall include, without limitation, delineation of areas of work that will not be completed prior to October 15, and the erosion and sedimentation control measures proposed to protect such areas and surrounding areas from erosion and/or sedimentation. (c) City reserves the right to restrict or prohibit any or all construction of Improvements, site improvements, and/or buildings during the wet construction season (defined as October 15 through April 15, inclusive) if the City Engineer, in the exercise of his sole discretion, determines that such construction activities will generate pollutant- bearing runoff, erosion and/or sedimentation. (d) During construction activities, Owner shall provide traffic controls pursuant to the traffic control plan as approved by the City Engineer. (e) Owner agrees to take all steps necessary to mitigate the potential generation of air-borne dust or debris during the performance of the work hereunder. Owner further agrees that the City Engineer, in his sole discretion, may order all or any portion of the work to be suspended in the event air-borne dust or debris leaves the work area and causes a nuisance to adjoining property owners or the public at large. Such suspensions shall remain in effect until the City Engineer is fully satisfied that the work practices causing the air-borne dust or debris have been satisfactorily mitigated and the adversely affected properties or areas have been thoroughly cleaned. (f) Construction activity shall be limited to between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, except that no work shall be done on official City holidays (excluding weekdays that City offices are closed due to furloughs). Work outside these hours requires written authorization by the City Engineer. 1328680-7 16