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AgdaPkt 2018-09-10 Joint SA PFA
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AgdaPkt 2018-09-10 Joint SA PFA
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9/11/2018 8:39:31 AM
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CC Index
CC Index - Document Type
Agenda Packet
Date
9/10/2018
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6.2.A. - Page 6 <br />Thousand Two Hundred liifieen and 81/t00 Dollars ($158,215.81) ("Deposit") to compensate City for all <br />City Costs, Developer understands that the Deposit is an estimate and further agrees to pay to City the <br />actual cost of providing such services, in accordance with the City's current fees. Developer agrees to <br />complete payment of such additional sum or sums for the services provided by City, if any, within thirty <br />(30) days after billing by City of the additional sum to be paid and agrees that the amount payable shall be <br />increased by ten percent (10%) in the event payment is not made within such thirty (30) clay period. Ally <br />part of the 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 with the <br />Improvement flans 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 Developer or to whom Developer paid the Pull cost of such repair, <br />Developer will provide City with a written notice of completion, together with copies of all written <br />acceptances. <br />12. Final Accentance. <br />12.1 Not ice „of Completion, Within thirty (30) days of receipt of Developer's written <br />notification pursuant to Section I 1 above, the City Engineer shall inspect the Work and repairs <br />and review the written acceptances, if any, and send Developer a written notice stating whether <br />the 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 1ngineer 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 Developer a written <br />notice of satisfactory completion. The requirement for written acceptances may be waived by the <br />City Engineer, in his reasonable discretion, if Developer has made conuuercially reasonable <br />efforts to obtain such acceptances. The City Engineer's failure to respond to Developer's written <br />notification within thirty (30) days will not be deemed a breach or default under this Agreement. <br />122 Accentance of Improvements. After sending Developer 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 />adoption of such resolution, the City Engineer shall promptly record a notice, in a form to be <br />approved by the City Attorney, in the Official Records of San Mateo County. <br />13. Performance, Labor and, Materials and Warranty Security. <br />133 In accordance with Chapter 30 of the Redwood City Code, Developer will <br />furnish and deliver to City, within the times set forth below, the following security, each of which <br />must be issued by a surety company duly and regularly authorized to do general surety business <br />in the State of California, or such other surety as may be acceptable to the City Engineer. <br />(a) Performance Security. Developer shall furnish and deliver performance <br />security in the amount of Eight Million Seven Hundred Sixty Thousand Six Hundred <br />Eleven Dollars ($8,760,611.00), concurrently with the execution of this Agreement, <br />REV: 06-04-15 VR <br />Page 4 o f 7,0 <br />ATTY/AGR.2015.115/Blu Harbor <br />
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