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will be returned to the Subdivider at the time of initial acceptance of the required improvements by <br />the City Council. <br />4. Modification for Unforeseeable Circumstances. Subdivider reserves the right to modify <br />said plans and specifications as the development progresses should unforeseen conditions occur, <br />provided written approval is first obtained from the City Engineer. The City shall bear no <br />responsibility whatsoever for work performed and rejected by the City Engineer. City reserves the <br />right to make reasonable modifications to the plans and specifications whenever field conditions <br />and/or public safety require such modifications. Subdivider shall pay City for all costs incurred in <br />checking and inspection 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 about the l9th day of Aught, 1997, and for its <br />completion to be on or before the 31 st day of December, 1998. At least 15 calendar days prior to <br />the commencement of work hereunder, Subdivider shall notify the City Engineer in writing of the <br />date fixed by Subdivider for commencement thereof, in order that the City Engineer shall be able to <br />provide 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 <br />be used in connection with the installation of improvements for said subdivision or the construction <br />of buildings therein, in such a manner so as to cause a minimum of inconvenience to persons living <br />in the areas immediately adjacent to said subdivision, including installation of appropriate fencing <br />and screening and to obtain the approval of the City Engineer as to the proposed location and <br />standards for maintenance of the yard. Immediately upon completion of the last building to be <br />S:\TM6636\SUBM1.AGR <br />3 <br />