Agmt 2001 Ryland Homes Of California

Home

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, roofing 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 Agreement, or relieve or release those providing improvement security pursuant to this Agreement. The sureties in executing the bonds shall be deemed to stipulate and agree that no change, extension of time, alteration or addition to the term of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on the bond, and to waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. TRACT MAP 7053 RYLAND WOODCREEK SUBDNISION IMPROVEMENT AGREEMENT (PRNATE IMPROVEMENT) G:\_LD\_Maps\TM 7053\SUBIMPAGRprivate.doc Page 4 of 16