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6.2.A. - Page 31 <br />7. Re airs. Developer agrees to repair or have repaired in a timely manner at its sole <br />cost and expense all public roads, streets, or other public or private property damaged as a result <br />of or incidental to the Work or in connection with the development of the Property, or to pay to <br />the property owner of any damaged road, street or property the fiill cost of such repair. In <br />addition, Developer shall obtain the written acceptance of such repair or payment from any <br />owner whose private or public property was repaired by Developer or to whom Developer has <br />paid the full cost of such repair in accordance with this Section 7. City shall be under no <br />obligation whatsoever to accept the Work completed under this Agreement until such time as all <br />repairs have been completed or have been paid for and written acceptances have been provided <br />to the City Engineer. <br />8. Foreman or Superintendent. Developer shall give personal attention to the Work. <br />A competent foreman or superintendent, satisfactory to the City Engineer in his reasonable <br />discretion, with authority to act for and on behalf of Developer, shall be named in writing by <br />Developer prior to commencement of the Work, shall be present on the Property during the <br />performance of the Work and may not be changed without advance notification to and the <br />concurrence of the City Engineer (except in the event of death, disability or termination of <br />employment, in which case any replacement personnel shall be approved by the City in its <br />reasonable judgement). <br />9. Examination of Work. All of the Work shall be consistent with the Improvement <br />Plans and performed to the satisfaction of the City Engineer, in his reasonable discretion. City <br />and its authorized agents shall, at all times during the performance of the Work, have reasonable <br />access to the Property and the Work and shall be allowed to examine the Work and all materials <br />used and to be used in the Work. <br />10. Citv Costs. Deposit. Developer shall pay to City the actual cost for all <br />engineering, inspection, administration, plan check, laboratory and field testing, construction, <br />and other services furnished by City in connection with this Agreement, including those <br />performed by consultants under contract with City ("City Costs"). Developer shall deposit with <br />City the sum of Sixty Thousand Six Hundred and No1100 Dollars ($60,600.00) ("Deposit") to <br />compensate City for all City Costs. Developer understands that the Deposit is an estimate and <br />further agrees to pay to City the actual cost of providing such services, in accordance with the <br />City's current fees. Developer agrees to complete payment of such additional sum or sums for <br />the services provided by City, if any, within ten (10) business days after billing by City of the <br />additional sum to be paid (which billing shall be accompanied by supporting documentation in <br />reasonable detail) and agrees that the amount payable shall be increased by ten percent (101%) in <br />the event payment is not made within forty-five (45) days following such billing. Any part of the <br />Deposit or such additional sum or sums not utilized by City shall be returned promptly to <br />Developer. <br />11. Completion of Work. After Developer (a) completes the Work in accordance <br />with the Improvement Plans and the terms and conditions of this Agreement, (b) repairs any <br />private or public property damaged as a result of the Work or pays the full cost of such repair to <br />the owner whose property was damaged and (c) obtains the written acceptance of such repair or <br />payment from any owner whose private property was repaired by Developer or to whom <br />REV: 06-22-1615 <br />Page 4 of 15 <br />ATTY/AGR.2016.159/Centrum Owners Association - IA <br />