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amount will be returned to the Subdivider at the time of initial acceptance of the required <br />improvements by the City Council. <br />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 <br />written approval is first obtained from the City Engineer. The City shall bear no responsibility <br />whatsoever for work performed and rejected by the City Engineer. City reserves the right to make <br />reasonable modifications to the plans and specifications whenever field conditions and/or public safety <br />require such modifications. Subdivider shall pay City for all costs incurred in checking and inspection <br />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 before the 6th day of Ate, 1999, and for its <br />completion to be on or before the 6th day of April, 2000. At least 15 calendar days prior to the <br />commencement of work hereunder, Subdivider shall notify the City Engineer - in writing of the date <br />fixed by Subdivider for commencement thereof, in order that the City Engineer shall be able to provide <br />services for inspection. <br />6. Location of Construction Yard. Subdivider agrees to locate any construction yard for the <br />storage of equipment, vehicles, supplies and materials, or the preparation or fabrication thereof to be <br />used in connection with the installation of improvements for said subdivision or the construction of <br />buildings therein, in such a manner so as to cause a minimum of inconvenience to persons living in the <br />areas immediately adjacent to said subdivision, including installation of appropriate fencing and <br />screening and to obtain the approval of the City Engineer as to the proposed location and standards for <br />maintenance of the yard. Immediately upon completion of the last building to be constructed in the <br />subdivision, or unit thereof to which this agreement refers, Subdivider agrees to cease using the <br />B iu1;a\tm69651subinv2.aF Page 3 of 18 <br />