Agmt 2001 SCS Development Co (2)

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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 modifications. 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 21st day of February , 2001, and for its completion to be on or before the 21st day of February , 2003. At least 15 calendar days prior 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 maybe used or within which supplies, materials, equipment or vehicles may be stored or kept thereon if City TRACT MAP 7175 CHERRY WOOD -PHASE 3 ABSTRACT OF SUBDIVISION IMPROVEMENT AGREEMENT (PRIVATE IMPROVEMENT) C:\MAPS\TM7175\SUBIMPAGRPRIVATE.DOC PAGE 3 OF 17