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. , � i { � <br /> 4. Comple�ion Date. Developer will complete the Work within one ycar of the Effective <br /> Date, All Work will be cc>mpleted in a good and wot�nanlike manner in accordancce with accepted <br /> desiga and corrLSStruction practices and consistent with the ImprovemEnt Plans. This completian date m�y <br /> be extendod by the City Engineer in his or her sol� and absolute discretion at the roque�t of Devcloper, <br /> �vhich request sha11 be accompaniod by a written �ssuranco acctptable to the City Engincer that the <br /> securities required by Section 13 shall rem�in enforceablo throughout the term of the elctension. <br /> 5. Estimated Cost of Work. Tho enginecr's estimated cost of tho Work is One Million Two <br /> Hundred Five Thousand Five Hundr�d Forty-Seven and No/100 Dollars ($1,205,547.00) ("Estimated <br /> Cost of Work"). <br /> 6. Modi.ficat}ons,to the Plans. Approv�l of this Agreement by City does not rele�se <br /> Develaper of its responsibility to correct mistakes, errors or omissions in the Improvement Plans. If, at <br /> any time, in the opinion of the City Eagineer, in his reasonable discretion, the Improvement Plans arc <br /> �erned ia�dequate in any respect,Developer agc�ees to make such modifications,changes or revisions�s <br /> necessary in ord�r to complete the Work in a�ood and workmaalike manner in accordance with accepted <br /> design and construction standards and consistent with the Conditions and Improvemeat Plans. <br /> 7. airs. Developer agrees to repair or have repaired in a timely manner at its sok cost <br /> and oxpcnse all public roads, streets, or othcr public or private property damaged as a result of or <br /> ineidental to the Work or in connection with the development of the Property, or to p�y to the property <br /> owner of any ciamaged road, street ar properly the full cost of such repair. In addition, Developer sha11 <br /> obt�in the written acceptance of such repair or p�yment from any owaer whoso private or public property <br /> was itpaired by Developrr or to whom Developer h�s paid the full cost of such rtpair in accordance with <br /> ttus Section '7. City shall be under no obligation wha�tsoever to accept the Work cornpleted undtr this <br /> Agreernent until such time as all repairs have becn completod or have been paid for and writtcn <br /> acceptances have been provided to the City Engineer. <br /> 8. Foreman oz Superintenden� De�cloper sha11 give personal attention to the Work. A <br /> competent foreman or sup�rintendent, satisfactory to the City Engineer in lus reason�.ble discretion rovith <br /> authority to act for and on behalf of Developer, shall be named in writing by Developer prior to <br /> connmencement of the Work, shall be present on the Property during the performance of the Work and <br /> may not be changed without advanee notification to and the concurrence of the City Engineer. <br /> 9. Examination of Work. All of the Work sha11 be consistent with the Improvement Plans <br /> and perfornied to the satisfaction of the City Engineer, in his roasonable discretioa. City and its <br /> authoriud agent� shall,at all times during the perforinance of the Work,have free aecess to thc Property <br /> and the Work aad shall be allowed to examine the Work and all materials used and ta be used in the <br /> Work. <br /> 10. C� Costs;, Devasit. Developer shall pay to City the actual cost for all engineering, <br /> inspectian, administration, plan chock, laboratory and field testing, coastcuction, and other services <br /> furnished by City in connection with this Agreement, includiag those performed by consultants under <br /> contract with City ("City Costs'�. Developer shall dcposit with City the sum of Forty-Five Thousand <br /> Saven Hundrtd Twenty-Two and No/100 Dollars (�45,'722.00) ("Dep�it'� to cornpensate City for a11 <br /> City Costs. Dcveloper understands that the Deposit is an estimate and further agrees to pay to City the <br /> actval cost of providing such services, in accordance with the City's cun�cnt fees. Deweloper agrees to <br /> complete paymeat of such additional sum or sutns for the serviccs provided by City, if any, within tcn <br /> (10)days after billing by City of the additional sum to be paid�nd agree.�th�t the amount payable shall be <br /> increased by ten percent (10%0) in the event payment is not made witlun such ten (10) d�y period. Any <br /> F�V:01-31-16 VR <br /> Page 3 of19 <br /> ATTY/A�R.2016.009IRWC ECR Venture, LLC•IA <br />