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extension will be made except on the basis of a written application made by Subdivider to the City Engineer <br /> stating fully the grounds and facts relied upon for such extension. <br /> 7. Rights -of -Way Free From Obstruction Subdivider agrees to keep and maintain all areas within <br /> the improved or partially improved public streets or public rights -of -way contiguous and adjacent to and <br /> within the hereinabove referred to Subdivision, including streets being constructed and/or improved <br /> pursuant to this agreement. free and clear of all building materials, dirt, mud, sand, gravel, rocks, bricks, <br /> stones, shingles, roofing material, lumber, tool sheds, construction buildings and other similar items at all <br /> times during the improvement and construction of the improvements and all buildings and other structures <br /> within said Subdivision. <br /> 8. Extension. The dates for commencement and completion of the work of construction may be <br /> extended as herein provided. The City Engineer shall extend said dates for delays in said work actually <br /> caused by riots, strikes, lockouts, fires, earthquakes, flood and conditions resulting therefrom. Extension of <br /> said dates for any other cause shall be made only by the City Council. The City Engineer and City Council <br /> shall be the sole and final judge as to whether good cause has been shown to entitle Subdivider to an <br /> extension. Any extension granted pursuant to this paragraph shall not obligate City in any manner to grant <br /> other requests for extension. <br /> 9. Request for Extension: Granting. Any request for extension of any commencement or <br /> completion date shall be in writing, shall fully state the facts and grounds relied upon for said extension, and <br /> shall be delivered to City in the manner hereinafter specified for services of notices. Extensions shall be <br /> granted in writing and any purported oral extension or purported oral agreement to make an extension shall <br /> not be valid for any purpose whatsoever. <br /> 10. Extension: No Release of Obligations In the event it is deemed necessary by the City to extend <br /> the time of commencement or completion of the work to be done under this Agreement beyond the dates <br /> specified herein, such extension shall in no way release any guarantee given by Subdivider pursuant to this <br /> Agreement, or relieve or release those providing improvement security pursuant to this Agreement. The <br /> TRACT MAP 7174 CHERRY WOOD— PHASE <br /> SUBDIVISION IMPROVEMENT AGREEMENT (PRIVATE IMPROVEMENT) <br /> \ \ES\S YS\US E RU DHALI W AL \TM\Tm7078\S UB IM PAGRpri varc.doc <br /> Page 4 of 17 <br />