Dedicated Improvements Agreement - Provides City w Performance Bond Work at DT Library Branch in Right-of-Way - SJCL

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DocuSign Envelope ID: FAA370D6-92OF-4D65-929B-E553494073B7 WHEREAS, Owner intends to repair and/or replace the sidewalks, trails, curbs, lighting, landscaping, trees, brick pavers, and drive approaches, and patch the roadway in the R.O.W. ("Dedicated Improvements") as more particularly set forth on Exhibit A, which is attached hereto and incorporated herein by reference, upon the completion of its temporary occupancy or use of or in the relevant R.O.W.; and WHEREAS, Owner desires the temporary occupancy and partial temporary closure of the R.O.W. from time to time in order to facilitate Owner's project and construct the Dedicated Improvements in the R.O.W.; and WHEREAS, in order for the Board to grant long term occupancy of the R.O.W., this Agreement must be executed. NOW, THEREFORE, in consideration of the obligations, terms and conditions contained herein, and the above recitals which are incorporated into this Agreement, the adequacy of which consideration the parties expressly acknowledge, Owner and the City agree as follows: 1. Recitals The parties hereto acknowledge and agree that the foregoing recitals are incorporated herein as a part of this Agreement. 2. Construction Inspection The Owner has provided the City with Exhibit A, which depicts drawings of the Dedicated Improvements, which the City acknowledges conforms to the City's standards. The Owner shall allow the City to inspect the Dedicated Improvements during construction to ensure conformance to the agreed standards set forth in Exhibit A, in particular with regard to area planning, adequacy of design, and quality of construction. The Owner shall contact the City's Engineering Department