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HomeMy WebLinkAbout06537 - SOL-PS LLC REIMB AGR FOR AMADO ROAD RECONSTRUCTION REIMBRUSEMENT AGREEMENT SOL-PS, LLC 23 Corporate Plaza, Suite 100 Newport Beach, CA 92660 FOR VALUE RECEIVED, the undersigned City of Palm Springs, Herein ("City°), hereby promises to pay SOL-PS, LLC, herein ("Developer"), the sum of Thirty One Thousand Nine Hundred and sixty six Dollars and Fifty Six Cents ($31,966.56), to reimburse Developer for the cost of constructing certain public improvements in the City of Palm Springs. Specifically, the work consists of the removal and reconstruction of a portion of Amado Road extending 18 feet South of Centerline and East of Avenida Caballeros 632 feet. a. Repayment by City. City shall pay the Developer in full the amount specified upon completion of the work to the satisfaction of the City Engineer/Director of Public Works in accordance with established City Standards and Standard Specifications for Public Works Construction "Greenbook" 2012. b. Severability. The unenforceability or invalidity of any provision or provisions of this Agreement as to any persons or circumstances shall not render that provision or those provisions unenforceable or invalid as to any other provisions or circumstances, and all provisions hereof, in all other respects, shall remain valid and enforceable. c. Modifications. Neither this Agreement nor any term hereof may be waived, amended, discharged, modified, changed or terminated orally; nor shall any waiver of any provision hereof be effective except by an instrument in writing signed by City and Developer. No delay or omission on the part of Developer in exercising any right hereunder shall operate as a waiver of such right or on any other right under this agreement. d. No Waiver by Developer. No Waiver of any breach, default or failure of condition under the terms of this Agreement or the obligation secured thereby shall be implied from any failure of the Developer to take, or any delay be implied from any failure by the Developer in taking action with respect to such breach, default or failure from any prior waiver of any similar or unrelated breach, default or failure. e. Governing Law. This Agreement has been executed and delivered by City in the State of California and is to be governed and construed in accordance with the laws thereof. IN WITNESS WHEREOF, Parties have executed this Agreement as of the date and year first above written. "DEVELOPER" I SOL-PS, LLC Date: B (name} ,Q y .• (Title) APPROVED BY C9 COUNCIL «ciTr' S •1 lid � ���� City of Pafm Springs Date: -5 gy: ' David H. Ready City Manager APPROVED AS TO FORM: ATTEST By: By: Douqfas C. Holland, mes Thompson, City Attorney City Clerk