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buildings elsewhere. City may extend the time within which the construction yard may be used or within <br /> which supplies, materials, equipment or vehicles may be stored or kept thereon if City shall determine that <br /> the granting of such extension will not be detrimental to the public welfare. No extension will be made <br /> except on the basis of a written application made by Owner to the City Engineer stating fully the grounds <br /> and facts relied upon for such extension. <br /> 7. Rights -of -Way Free From Obstruction. Owner agrees to keep and maintain all areas <br /> within the improved or partially improved public streets or public rights-of-way contiguous and adjacent to <br /> and within the hereinabove referred to Property, 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 improvement and all buildings and other structures <br /> within said project. <br /> 8. Extension. The dates for commencement and completion of the work of construction may <br /> be 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 Engineer. The City Engineer shall be the sole <br /> and final judge as to whether good cause has been shown to entitle Owner to an extension. Any extension <br /> granted pursuant to this paragraph shall not obligate City in any manner to grant other requests for <br /> extension. <br /> 9. Request for Extension; Granting. Any request for extension of any commencement and <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 /> STANDARD PUBLIC IMPROVEMENT AGREEMENT Page 3 of 13 <br /> GALE/ \_AddresstM\Marina Blvd 1701 (Kaiser)\Ofsite improvement plans\l'ublic Improvement Agreement 2500 Mcrccd.doc <br />