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6.C, = Page 7 of 37 <br />in accordance with the City's current fees. Developer agrees to complete payment of such additional sunt <br />or sums for the services provided by City, if any, within ten (10) days after billing by City of the <br />additional sura to be paid and agrees that the amount payable shall be increased by ten percent (10%) in <br />the event payment is not made within such ten (10) day period. Any part of the Deposit or such <br />additional sum or sums not utilized by City shall be returned promptly to Developer. <br />11. Completion of Work. After Developer (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 fi€ll 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 full 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 Acceptance. <br />32.1 Notice of Completion. Within thirty (30) days of receipt of Developer's written <br />notification pursuant to Section I I 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 Engineer will Iist 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 commercially 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 />12.2 Acceptance of Irnproyements. 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 />13.1 hi 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 />€nest 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 Two Hundred Fifty Thousand Dollars ($250,000), concurrently <br />with the execution of this Agreement, which security must meet the requirements of <br />Government Code section 66499.1 and Redwood City Code Section 30.80 and be <br />ATTY/AGRl2015.1271718 CANYON SUBDIVISION IMPROVEMENT AGREEMENT <br />KEV:08-22-15 VR <br />Page 4 of 20 <br />57 <br />