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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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Entry Properties
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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(b) Slopes. <br /> (1) Transfer Lot Group. For a period of three (3) years after the <br /> Transfer Lot Group Closing Date, Owner expressly warrants the surface and <br /> subsurface stability of all slopes on each lot in the Transfer Lot Group. Owner <br /> shall provide reasonable maintenance of the slopes of each lot in said Transfer Lot <br /> Group for the duration of this three (3)-year warranty period, which shall include <br /> repair of sloughing or slope failures. Owner is responsible for slope failures on <br /> the South Slope caused by Owner removal of trees. Owner expressly warrants the <br /> surface and subsurface stability of any slope repairs required on the slopes of the <br /> Transfer Lot Group for an additional three (3) years. <br /> (2) Transfer Lot 3. For a period of three (3) years after the Transfer <br /> Lot 3 Closing Date, Owner expressly warrants the surface and subsurface stability <br /> of all slopes on Transfer Lot 3. Owner shall provide reasonable maintenance of <br /> the slopes of Transfer Lot 3 for the duration of this three (3)-year warranty period, <br /> which shall include repair of sloughing or slope failures. Owner expressly <br /> warrants the surface and subsurface stability of any slope repairs on Transfer Lot <br /> 3 for an additional three (3)years. <br /> (3) Obligation Carve-Outs. Owner shall not be responsible for sloughs <br /> or slope failures due to actions of the City or members of the public on or around <br /> the Transfer Lots. Owner shall also not be responsible for ordinary vegetation <br /> cultivation or management and/or landscaping replacement or replanting required <br /> under the applicable City codes, which shall be the obligation of the City. <br /> 16 <br />
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