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the Work, shall be present on the Property during the performance of the Work and may not be changed <br />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 rimes 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. Citv Costs: Denosit. Butler shall pay to City the actual cost for all engineering, <br />inspection, administration, plan check, laboratory and field testing, construction, and other services <br />furnislied by City in connection with this Agreement, including those performed by consultants under <br />contract with City ("City Costs"). Butler shall deposit with City the sum of Forty Two Thousand and <br />No/100 Dollars ($42,000.00) ("Deposit") to compensate City for all City Costs. Butler understands that <br />the Deposit is an estimate and further agrees to pay to City the actual cost of providing such services, in <br />accordance with the City's current fees. Butler agrees to complete payment of such additional sum or <br />sums for the services provided by City, if any, within ten (10) days after billing by City of the additional <br />sum to be paid and agrees that the amount payable shall be increased by ten percent (10%) in the event <br />payment is not made within such ten (10) day period. Any part of the Deposit or such additional sum or <br />sums not utilized by City shall be returned promptly to Butler. <br />11. Completion of Work. After Butler (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 Butler or to whom Butler paid the full cost of such repair, Butler will <br />provide City with a written notice of completion, together with copies of all written acceptances. <br />12. Final Acceptance. <br />12.1 Notice of Completion. Within thirty (30) days of receipt of Butler's written <br />notification pursuant to Section 11 above, the City Engineer shall inspect the Work and repairs <br />and review the written acceptances, if any, and send Butler a written notice stating whether the <br />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 Work and repairs are, <br />in the opinion of the City Engineer, not complete and satisfactory, and/or written acceptances <br />have not been provided, the City Engineer will list the deficiencies that must be corrected to find <br />the Work and repairs complete and satisfactory. Upon satisfactory completion of the Work and <br />repairs and submittal of written acceptances, the City Engineer will send Butler a written notice <br />of satisfactory completion. The requirement for written acceptances may be waived by the City <br />Engineer, in his reasonable discretion, if Butler has made commercially reasonable efforts to <br />obtain such acceptances. The City Engineer's failure to respond to Butler's written notification <br />within thirty (30) days will not be deemed a breach or default under this Agreement. <br />12.2 Accentance of Improvements. After sending Butler a written notice of <br />satisfactory completion pursuant to Section 12.1, the City Engineer will recommend 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 />ATTY/AGR/2017.029/1629 MAIN STREET—SUBDIVISION IMPROVEMENT <br />REV: 02-06-17 PR <br />Page 4 of 27 <br />