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RecDoc 2015-052074
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RecDoc 2015-052074
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6/15/2015 3:27:42 PM
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6/15/2015 3:27:40 PM
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Recorded Docs
Recorded Docs - Type
Agreement
Subject
Improvement Agmt 24 Hr. Fitness SunCap RWC LLC
Doc Num
2015-052074
Rec Date
5/20/2015
APN
054-023-080 and 054-023-090
Address
1050 Broadway St
Parties
SunCap Redwood City, LLC
MO Ref
15-059
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and the Work and shall be allowed to examine the Work and all materials used and to be used in the <br /> Work. <br /> 10. City Costs: Deposit. Developer shall pay to City the actual cost for all engineering, <br /> inspection, administration, plan check, laboratory and field testing, construction, and other services <br /> furnished by City in connection with this Agreement, including those performed by consultants under <br /> contract with City("City Costs").Developer shall deposit with City the sum of Twenty 5even Thousand <br /> Seven Hundred and No/100 Dollars ($27,700.00) ("Deposit") to compensate City for all City Costs. <br /> Developer understands that the Deposit is an estimate and fiuther agrees to pay to City the actual cost of <br /> providing such serviees, in accordance with the City's current fees. Developer agrees to complete <br /> payment of such additional sum or sums for the services provided by City, if any,within ten (10) days <br /> after billing by City of the additional sum to be paid and agrees that the amount payable shall be increased <br /> by ten percent(10%)in the event payment is not xnade within such ten(10) day period. Any part of the <br /> Deposit or sucb additional sum or sums not utilized by City shall be returned promptly to Developer. <br /> 11. Completion of Work. After Developer (a) completes the Work in accordance with the <br /> Improvement Plans and the terms and conditions of this Agreement, (b) repairs any private or public <br /> property damaged as a result of the Work or pays the full cost of such repair to the owner whose property <br /> was damaged and (c) obtains the written acceptance of such repair or payment from any owner whose <br /> private property was repaired by Developer or to whom Developer paid the full cost of such repair, <br /> Developer will provide City with a written notice of completion, together with copies of all written <br /> acceptances. <br /> 12. Fina1 Acceptance. <br /> 121 Notice of Completion. Within thirty(30)days of receipt of Developer's written <br /> notification pursuant to Section 11 above, the City Engineer sha11 inspect the Work and repairs <br /> and review the written acceptances, if any, and send Developer a written notice stating whether <br /> the Work and repairs are complete to the satisfaction of the City Engineer, in his reasonable <br /> discretion,and whether the written acceptances have been provided. If the Wark and repairs are, <br /> in the reasonable opinion of the City Engineer, not complete and satisfactory, and/or written <br /> acceptances have not been provided, the City Engineer will list the deficiencies that must be <br /> corrected to fmd the Work and repaairs complete and satisfactory.Upon satisfactory completion of <br /> the Work and repairs and submittal of written acceptances,the City Engineer will send Developer <br /> a written notice of satisfactory completion. The requirement for written acceptances may be <br /> waived by the City Engineer, in his reasonable discretion,if Developer has made commercially <br /> reasonable efforts to obtain such acceptances. The City Engineer's failure to respond to <br /> Developer's written notificarion within thirty (30) days will not be deemed a breach or default <br /> under ttus Agreement. <br /> 12 2 Acceptance of Tmprovements. After sending Developer a written notice of <br /> satisfactory completion pursuant to Section 12.1, the City Engineer will recornmend acceptance <br /> of the Improvements to the City Council. The acceptance of the Improvements, offers of <br /> dedication and right-of way, and easements, if any, shall be by resolution of the City Council, <br /> with the matter placed on the next available agenda for City Council action. Upon City Council's <br /> adoption of such resolurion, the City Engineer shall promptly record a notice, in a form to be <br /> approved by the City Attomey,in the Official Records of San Mateo County. <br /> 13. Performance.Labor and Materials and Warranty Security. <br /> REV:02-20-15 VR <br /> Page 4 of21 <br /> ATTY/AGR.2015.034/SunCap Redwood LLC(IA) <br />
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