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6.3.A. - Page 14 <br /> 4. Completion Date. Developer will complete the Work within one year of the Effective <br /> Date. All Work will be completed in a good and workmanlike manner in accordance with accepted <br /> design and construction practices and consistent with the Improvement Plans. This completion date may <br /> be extended by the City Engineer in his or her sole and absolute discretion at the request of Developer, <br /> which request shall be accompanied by a written assurance acceptable to the City Engineer that the <br /> securities required by Section 13 shall remain enforceable throughout the term of the extension. <br /> 5. Estimated Cost of Work. The engineer's estimated cost of the Work is One Million One <br /> Hundred Forty-One Thousand Six Hundred Fourteen and No/100 Dollars ($1,141,614.00) ("Estimated <br /> Cost of Work"). <br /> 6. Modifications to the Plans. Approval of this Agreement by City does not release <br /> Developer of its responsibility to correct mistakes, errors or omissions in the Improvement Plans. If, at <br /> any time, in the opinion of the City Engineer, in his reasonable discretion, the Improvement Plans are <br /> deemed inadequate in any respect, Developer agrees to make such modifications,changes or revisions as <br /> necessary in order to complete the Work in a good and workmanlike manner in accordance with accepted <br /> design and construction standards and consistent with the Conditions and Improvement Plans. <br /> 7. Repairs. Developer agrees to repair or have repaired in a timely manner at its sole cost <br /> and expense all public roads, streets, or other public or private property damaged as a result of or <br /> incidental to the Work or in connection with the development of the Property, or to pay to the property <br /> owner of any damaged road, street or property the full cost of such repair. In addition,Developer shall <br /> obtain the written acceptance of such repair or payment from any owner whose private or public property <br /> was repaired by Developer or to whom Developer has paid the full cost of such repair in accordance with <br /> this Section 7. City shall be under no obligation whatsoever to accept the Work completed under this <br /> Agreement until such time as all repairs have been completed ar have been paid for and written <br /> acceptances have been provided to the City Engineer. <br /> 8. Foreman or Superintendent. Developer shall give personal attention to the Work. A <br /> competent foreman or superintendent, satisfactory to the City Engineer in his reasonable discretion with <br /> authority to act for and on behalf of Developer, shall be named in writing by Developer prior to <br /> commencement of the Work, shall be present on the Property during the performance of the Work and <br /> may not be changed without advance notification to and the concurrence of the City Engineer. <br /> 9. Examination of Work. All of the Work shall be consistent with the Improvement Plans <br /> and performed to the satisfaction of the City Engineer, in his reasonable discretion. City and its <br /> authorized agents shall, at all times during the performance of the Work, have free access to the Property <br /> 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 Forty-Four Thousand <br /> Three Hundred Sixteen and No/100 Dollars ($44,316.00) ("Deposit") to compensate City for all City <br /> Costs. Developer understands that the Deposit is an estimate and further agrees to pay to City the actual <br /> cost of providing such services, 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 made within such ten (10) day period. Any part of the <br /> Deposit or such additional sum or sums not utilized by City shall be returned promptly to Developer. <br /> REV:10-08-15 VR <br /> ATTY/AGR/2015.224/HAMILTIN&WINSLOW PROPERTIES,LLP—IA <br /> Page 30119 <br />