Agmt 2001 SCS Development Co (2)

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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, roofmg material, lumber, tool sheds, construction buildings and other similar items at all times during the improvement and construction of the improvements and all buildings and other structures within said Subdivision. 8. Extension. The dates for commencement and completion of the work of construction may be extended as herein provided. The City Engineer shall extend said dates for delays in said work actually caused by riots, strikes, lockouts, fires, earthquakes, flood and conditions resulting therefrom. Extension of said dates for any other cause shall be made only by the City Council. The City Engineer and City Council shall be the sole and final judge as to whether good cause has been shown to entitle Subdivider to an extension. Any extension granted pursuant to this paragraph shall not obligate City in any manner to grant other requests for extension. 9. Request for Extension; Granting. Any request for extension of any commencement or completion date shall be in writing, shall fully state the facts and grounds relied upon for said extension, and shall be delivered to City in the manner hereinafter specified for services of notices. Extensions shall be granted in writing and any purported oral extension or purported oral agreement to make an extension shall not be valid for any purpose whatsoever. 10. Extension; No release of Obligations. In the event it is deemed necessary by the City to extend the time of commencement or completion of the work to be done under this Agreement beyond the dates specified herein, such extension shall in no way release any guarantee given by Subdivider pursuant to this TRACT MAP 7175 CHERRY WOOD -PHASE 3 ABSTRACT OF SUBDIVISION IMPROVEMENT AGREEMENT (PRIVATE IMPROVEMENT) C:\MAPS\TM7175\SUBIMPAGRPRIVATE.DOC PAGE 4 OF 17