Inst 2015292873 - Laserfiche WebLink

Home

• additional costs actually incurred by City, within ninety (90) days after receipt from City of demand therefor, accompanied by copies of receipts and/or statements showing the additional costs actually incurred as a result of the Encroachment. Notwithstanding any provision of this Agreement to the contrary, other than as a result of the lawful exercise of the right of eminent domain, Developer shall not be required to remove any portion of the CVS Building or the Foundation. 12. Abandonment. If any portions of the Foundation located within the Encroachment are no longer used by Developer (or any tenant thereof), or are abandoned, for a period in excess of twenty-four (24) months, (damage by fire or other casualty excepted), Developer shall notify City and shall either promptly vacate and remove the Facilities at its own expense or, at City's reasonable discretion, may abandon some or all of the Foundation in place. After such removal or abandonment, Developer shall have no further obligations to the City. Notwithstanding the foregoing, as long as the CVS Building exists in place, the Foundation shall not be deemed abandoned. 13. Restoration of Sidewalk ROW. After any required removal of the Foundation, Developer shall, at its own cost, repair any damage to the Sidewalk ROW caused by the actions of Developer, leaving the same in a safe condition in accordance with the construction-related conditions and specifications as established by City according to its reasonable standard practices. Before proceeding with removal, Developer shall obtain, if applicable, an excavation permit from City. Within ten (10) days after completion of any such work, Developer shall give City notice thereof specifying the Sidewalk ROW affected and the location thereof, as well as the date of completion. 14. Fees. Developer shall furnish all information as required by the Engineering and Transportation Department Director and shall pay (in accordance with the rate in effect at the time of payment) all processing, field marking, engineering and inspection fees required in accordance with any work performed by Developer under this Agreement. 15. Damage. Developer shall be responsible for any actual damage to City street pavements, existing utilities, curbs, gutters, and sidewalks due to its maintenance, repair or removal of the Foundation, shall pay the costs for issuance of required permits and inspections, and shall repair, replace, and restore in kind the damaged improvements at Developer's sole expense. Developer shall notify the applicable utility providers of any damage caused by Developer's maintenance, repair, or removal of the Foundation, and of Developer's responsibility for such damages. Developer shall be responsible to all utility providers for any damage caused to facilities owned by such utility providers due to Developer's maintenance, repair, or removal of the Foundation. 16. Third Party Rights. If the Sidewalk ROW used by Developer has pre-existing installation(s) placed in the said Sidewalk ROW, Developer shall assume the responsibility to verify the location of the pre-existing installation and notify City and any third party of any future work proposed by Developer pursuant to the terms of this Agreement. 17. Records and Field Locations. Developer shall maintain accurate maps and improvement plans of the Foundation. Developer has submitted to City, and City acknowledges receipt of, 4 Encroachment Agreement