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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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Template:
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) Timing of Conveyance. The remaining Transfer Lots will be conveyed <br /> by Owner to the City on the following schedule, unless the parties mutually agree otherwise in <br /> writing: <br /> (1) The Transfer Lot Group shall be transferred to and accepted by the <br /> City on or before the Transfer Lot Group Closing Date; and <br /> (2) Transfer Lot 3 shall be transferred to and accepted by the City on <br /> or before January 31, 2021 (the "Transfer Lot 3 Closing Date"). <br /> As to Transfer Lot 3, Owner agrees to complete the Transfer Lot 3 Minimum Acceptance Work, <br /> and if Owner so elects under Section 1.2(d) and Section 1.4 the Transfer Lot 3 Maximum <br /> Acceptance Work(each, as so elected, also referred herein to as the "Transfer Lot 3 Work") as <br /> well as those conditions listed in Section 1.8, and notify the City of its readiness to convey <br /> Transfer Lot 3 to the City no later than sixty (60) days prior to the Transfer Lot 3 Closing Date. <br /> Except as stated in this Amendment or the Deeds, the respective conveyances include no <br /> warranties or other assurances. <br /> (c) TL Group Acceptance Standards Work. Owner has completed, in <br /> accordance with the State Department of Natural Resources ("DNR") Amended Reclamation <br /> Permit#70-010161 (the "Amended Permit"), the work shown in the approved plan set prepared <br /> by David Evans &Associates in reliance of GeoEngineers recommendations attached as <br /> Exhibit C (which shall replace and modify as to the Transfer Lot Group the requirements <br /> detailed on Exhibit C attached to the Development Agreement) (collectively, the "TL Group <br /> Approved Plans"). The TL Group Approved Plans delineate work that includes, but is not <br /> limited to, a rough grade elevation of the Transfer Lot Groups that is no greater than 511.5 feet <br /> (measured from the plane of each Transfer Lot with all elevations at NAVD of 1988 Datum), <br /> 6 <br />
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