AgdaPkt 2016-12-12 Closed and Joint SA PFA

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6.2.A. - Page 5 In the event a conflict exists between the Improvement Plans and the requirements of Chapter 30 of the Redwood City Code, the stricter requirement or standard shall govern, as reasonably determined by the City Engineer. 4. Completion Date. 4 JL Developer will complete the Work within one year of the Effective Date. All Work will be completed in a good and workmanlike manner in accordance with accepted design and construction practices and consistent with the Improvement Plans. This completion date may be extended by City in its sole and absolute discretion at the request of Developer, which request shall be accompanied by a written assurance acceptable to the City Engineer that the securities required by Section 13 shall remain enforceable throughout the term of the extension. 42 Notwithstanding the preceding section 4.1, if delays occur in the construction of an improvement, through events or circumstances not within the direct control of Developer, Developer will not be considered to be in default of its obligations to construct the Improvement. Developer shall be excused for, among other things, any delays or defaults in the performance of this Agreement unavoidably caused by the City or any other governmental authority, acts of God, the elements, war, litigation, strikes, walkouts or other causes beyond Developer's control. 5. Estimated Cost of Work. The engineer's estimated cost of the Work is One Hundred Thirty Five Thousand Six Hundred Sixty Four and No/100 Dollars ($135,664.00) {"Estimated Cost of Work"). 6. Modifications to the Plans. Approval of this Agreement by City does not release Developer of its responsibility to correct mistakes, errors or omissions in the Improvement Plans. If, at any time, in the opinion of the City Engineer, in his reasonable discretion, the Improvement Plans are deemed inadequate in any respect, Developer agrees to make such modifications, changes or revisions as necessary in order to complete the Work in a good and workmanlike manner in accordance with accepted design and construction standards and consistent with the Conditions and Improvement Plans. 7. Repairs. Developer agrees to repair or have repaired in a timely manner at its sole cost and expense all public roads, streets, or other public or private property damaged as a result of or incidental to the Work or in connection with the development of the Property, or to pay to the property owner of any damaged road, street or property the full cost of such repair. In addition, Developer shall endeavor to obtain the written acceptance of such repair or payment from any owner whose private or public property was repaired by Developer or to whom Developer has paid the full cost of such repair in accordance with this Section 7. City shall be under no obligation whatsoever to accept the Work completed under this Agreement until such time as all repairs have been completed or have been paid for and written acceptances have been provided to the City Engineer. 8. Foreman or Superintendent. Developer shall give personal attention to the Work. A competent foreman or superintendent, satisfactory to the City Engineer in his reasonable discretion with authority to act for and on behalf of Developer, shall be named in writing by Developer prior to commencement of the Work, shall be present on the Property during the performance of the Work and may not be changed without advance notification to and the concurrence of the City Engineer. 9. Examination of Work. All of the Work shall be consistent with the Improvement Plans and performed to the satisfaction of the City Engineer, in his reasonable discretion. City and its authorized agents shall, at all times during the performance of the Work, have free access to the Property REV: 02-20-15 VR Page 3 of21 ATi-Y/AGR.2015.034ISunCap Redwood LLC (IA)