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<br />STANDARD PUBLIC IMPROVEMENT AGREEMENT Page 3 of 13 <br />Draft 1- 1/29/2014; SL 4/23/2014 <br />agrees to cease using the construction yard, clear the site and restore it to its original condition, and to <br />remove therefrom all supplies, materials, equipment, or vehicles being stored or kept thereon. Owner agrees <br />not to use the construction yard in connection with the installation of improvements or construction of <br />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 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 Property, including streets being constructed and/or improved pursuant to <br />this agreement, free and clear of all building materials, dirt, mud, sand, gravel, rocks, bricks, stones, shingles, <br />roofing material, lumber, tool sheds, construction buildings and other similar items at all times during the <br />improvement and construction of the improvement and all buildings and other structures 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 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.