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(4)AR 050509 Agreement
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2009
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05/05/2009 06:00 PM
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Agreement/Piano Empire, Inc.
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(4)AR 050509 Agreement
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Last modified
2/23/2014 5:01:35 PM
Creation date
2/20/2014 12:15:38 AM
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Agenda Item
Item Number
4
Subject (2)
- Approval of Deferral of Conditions of Approval Agreement with Piano Empire, Inc., for the property located at 1405 West Valley Boulevard (Reference: File Index Number DAP-000-839).
Submitted On
4/30/2009
Submitted By
Sabdi Espinoza
Item Title
AR 050509 Agreement
ATRequest
2735
Status (2)
2
Department
City Clerk
Meeting Date
5/5/2009
Meeting Time
6:00:00 PM
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Conditions in Exhibit "C" prior to the issuance of a Business Occupancy Permit. In no event shall <br />the construction of the Immediate Conditions described in Exhibit "C" commence later than <br />May 10, 2009, unless the Parties mutually agree to amend this Agreement. <br />Owner shall construct or have constructed at his own costs, expense, and liability <br />subject to the terms of his underlying lease the Improvements described as Deferred Conditions <br />in Exhibit "C". The Deferred Conditions described in Exhibit "C" shall be completed no later <br />than nine months from the date of the issuance of the Business Occupancy Permit, unless the <br />Parties mutually agree to amend this Agreement. <br />Owner shall perform at its own cost, expense, and liability subject to the terms of his <br />underlying lease the maintenance of the Ongoing Conditions described in Exhibit C. The owner <br />is obligated to perform the maintenance of the Ongoing Conditions for the life of this <br />agreement. <br />1.1 Permits; Notices. Prior to commencing any work, Owner shall, at his sole <br />cost, expense, and liability subject to the terms of his underlying lease, obtain all necessary <br />permits and licenses and give all necessary and incidental notices required for the lawful <br />construction of the Improvements and performance of Owner's obligations under this <br />Agreement. Owner shall conduct the work in full compliance with the regulations, rules, and <br />other requirements contained in any permit or license issued to Owner. <br />1.2 Pre -approval of Plans and Specifications. Owner is prohibited from <br />commencing work on the Improvements until all plans and specifications for such <br />Improvements have been submitted to and approved by the City Planning Department. <br />Approval by the Planning Department shall not relieve Owner from ensuring that all <br />Improvements conform to all other requirements and standards set forth in this Agreement. <br />1.3 Quality of Work; Compliance With Laws and Codes. The construction <br />plans and specifications for the Improvements shall be prepared in accordance with all <br />applicable federal, state and local laws, ordinances, regulations, codes, standards, and other <br />requirements. The Improvements shall be completed in accordance with all approved maps, <br />plans, specifications, standard drawings, and special amendments thereto on file with City, as <br />well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, <br />and other requirements applicable at the time work is actually commenced. <br />1.4 Standard of Performance. Owner and its contractors, if any, shall <br />perform all work required constructing the Improvements under this Agreement in a skillful and <br />workmanlike manner, and consistent with the standards generally recognized as being <br />
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