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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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review, examination, and investigation of all matters pertaining to such Transfer Lot(s), <br /> including, without limitation: conducting soil, geotechnical, and environmental studies and <br /> assessments; reviewing the documents and information provided by Owner hereunder; and <br /> conducting or undertaking any other analysis the City deems necessary or advisable to determine <br /> that the condition of the applicable Transfer Lot(s) is consistent with the terms of this <br /> Amendment. The City shall perform and complete, at its expense, all of its due diligence, and if <br /> the City determines in its own discretion that the applicable Acceptance Standards Work for such <br /> Transfer Lot(s) is not consistent with the terms of this Amendment, the City shall give written <br /> notice thereof to Owner on or before 5:00 p.m., Seattle time, on the last day of the Due Diligence <br /> Period, and Owner shall then cure such inconsistencies prior to the Closing Date. If the City <br /> does not deliver such notice to Owner on or before the expiration of the Due Diligence Period, <br /> this inspection contingency shall be deemed to have been waived, and if applicable,the <br /> conveyance of the applicable Transfer Lot(s) on the applicable Transfer Lot Closing Date shall <br /> continue in full force and effect. <br /> 1.5 Access. During the Inspection Period,the City and its employees, agents, <br /> consultants, and advisers may enter upon the applicable Transfer Lot(s) and make such <br /> inspections and tests (including soil borings and environmental tests) of the Transfer Lot(s) as <br /> the City deems desirable. Owner shall provide the City and the City's employees, agents, <br /> consultants, and advisers with reasonable access to the Transfer Lot(s) and shall provide <br /> reasonable access to all known information respecting the Transfer Lot(s) in Owner's possession <br /> or control. To the extent not covered by insurance,the City shall indemnify, defend, and hold <br /> Owner harmless from and against any claims for personal injury or death or property damage <br /> caused by the City's exercise of its right to access the Transfer Lot(s) under this Section, except <br /> 12 <br />
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