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CEMEX Materials Pacific LLC 4/5/2017
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CEMEX Materials Pacific LLC 4/5/2017
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Last modified
7/21/2017 12:02:27 PM
Creation date
7/21/2017 12:00:33 PM
Metadata
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Contracts
Contractor's Name
CEMEX Materials Pacific LLC
Approval Date
4/5/2017
Council Approval Date
4/5/2017
Department
Administration
Department Project Manager
Paul Kaftanski
Subject / Project Title
Amendment and Restated Development Agreement
Tracking Number
0000775
Total Compensation
$0.00
Contract Type
Agreement
Retention Period
6 Years Then Destroy
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(1) All surveys, environmental, soils, engineering, or similar reports, <br /> studies, and assessments relating to the Transfer Lot(s) undertaken by or for <br /> Owner or its predecessors; <br /> (2) All agreements with respect to the condition of the Transfer Lots, <br /> the presence of Hazardous Substances or waste on the Transfer Lot(s), or any <br /> indemnity relating thereto; <br /> (3) All existing leases, rental agreements, licenses, occupancy <br /> agreements, or other agreements granting rights to use or occupy any portion of <br /> the Transfer Lot(s) and any amendments or letter agreements related thereto and <br /> all related guaranties, if any; and <br /> (4) All plans, documents, and specifications for any fill completed on <br /> the Transfer Lot(s). <br /> From the Effective Date through to the applicable Transfer Lot Closing Date, Owner shall <br /> provide to the City any additional information for the Transfer Lot(s) of the kind described in <br /> this subsection and obtained by Owner since the initial delivery of Owner's Deliverables. <br /> 1.4 Inspection Contingency. As used herein, the term"Inspection Period" or"Due <br /> Diligence Period" shall mean either the period commencing on the day following Owner's <br /> written notice to the City of its intent to convey the applicable Transfer Lot(s)to the City on a <br /> specific Closing Date, which such Closing Date is not more than 60 days after delivery of such <br /> notice, or following a Completion Notice. The Due Diligence Period terminates thirty(30) days <br /> after delivery of the notice. The notice triggering the Due Diligence Period must reference this <br /> Section 1.4 and must state the date the Due Diligence Period expires. The City's obligations <br /> under this Amendment are contingent on the City's satisfactory completion of its inspection, <br /> 11 <br />
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