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4. Modification for Unforeseeable Circumstances. Subdivider reserves the right to modify said <br /> plans and specifications as the development progresses should unforeseen conditions occur, provided written <br /> approval is first obtained from the City Engineer. The City shall bear no responsibilitywhatsoever for work <br /> performed and rejected by the City Engineer. City reserves the right to make reasonable modifications to <br /> the plans and specifications whenever field conditions and/or public safety require such modifications. <br /> Subdivider shall pay City for all costs incurred in checking and inspection resulting from said modifications. <br /> 5. Work: Time for Commencement and Performance. City hereby fixes the time for the <br /> commencement of the required work to be on or about the 6 th day of JUNE , 2000, and for its completion <br /> to be on or before the 5th day of JUNE , 2002. At least 15 calendar days prior to the commencement of <br /> work hereunder, Subdivider shall notify the City Engineer in writing of the date fixed by Subdivider for . <br /> commencement thereof, in order that the City Engineer shall be able to provide services for inspection. <br /> 6. Location of Construction Yard. Subdivider agrees to locate any construction yard for the storage <br /> of equipment, vehicles, supplies and materials, or the preparation or fabrication thereof, to be used in <br /> connection with the installation of improvements for said subdivision or the construction of buildings <br /> therein. in such a manner so as to cause a minimum of inconvenience to persons living in the areas <br /> immediately adjacent to said subdivision, including installation of appropriate fencing and screening and to <br /> obtain the approval of the City Engineer as to the proposed location and standards for maintenance of the <br /> yard. Immediately upon completion of the last building to be constructed in the subdivision, or unit thereof, <br /> to which this agreement refers, Subdivider agrees to cease using the construction yard clear the site and <br /> restore it to its original condition, and to remove therefrom all supplies, materials, equipment, or vehicles <br /> being stored or kept thereon. Subdivider agrees not to use the construction yard in connection with the <br /> installation of improvements or construction of buildings in any other subdivision, or any other unit of the <br /> subdivision to which this agreement refers. City may extend the time within which the construction yard <br /> may be used or within which supplies, materials. equipment or vehicles may be stored or kept thereon if City <br /> shall determine that the granting of such extension will not be detrimental to the public welfare. No <br /> TRACT MAP 7174 CHERRY WOOD — PHASE 2 <br /> SUBDIVISION IMPROVEMENT AGREEMENT (PRIVATE IMPROVEMENT) <br /> \ \ES\S YS \ USER V DHA LI W A [ATM IMPAGRprivate.doc <br /> Pagc 3 of 17 <br />