RecDoc 2020-075315 Improvement Agreement_910 Woodside (Valera Fooksman)_7.31.2020

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reasonable discretion, with authority to act for and on behalf of Developer, will be named in writing by Developer prior to commencement of the Work, will 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 will be consistent with the Improvement Plans and performed to the satisfaction of the City Engineer, in their reasonable discretion. City and its authorized agents will, at all times during the performance of the Work, have free access to the Property and the Work and will be allowed to examine the Work and all materials used and to be used in the Work. 10. City Costs; Deposit. Developer will pay to City the actual cost for all engineering, inspection, administration, plan check, laboratory and field-testing, construction, and other services furnished by City in connection with this Agreement, including those performed by consultants under contract with City ("City Costs"). Developer will deposit with City the sum of fifty thousand dollars ($50,000.00) ("Deposit") to compensate City for all City Costs. Developer understands that the Deposit is an estimate and further agrees to pay to City the actual cost of providing such services, in accordance with City's current fees. Developer will complete payment of such additional sum or sums for the services provided by City, if any, within ten (10) days after billing by City of the additional sum to be paid, and the amount payable will be increased by ten percent (10%) in the event payment is not made within such ten (10) day period. Any part of the Deposit or such additional sum or sums not utilized by City will be returned promptly to Developer. 11. Completion of Work. After Developer (a) completes the Work in accordance with the Improvement Plans and the terms and conditions of this Agreement, (b) repairs any private or public property damaged as a result of the Work or pays the full cost of such repair to the owner whose property was damaged and (c) obtains the written acceptance of such repair or payment from any owner whose private property was repaired by Developer or to whom Developer paid the full cost of such repair, Developer will provide City with a written notice of completion, together with copies of all written acceptances. 12. Final Acceptance. 12.1 Notice of Completion. Within thirty (30) days of receipt of Developer's written notification pursuant to Section 11 above, the City Engineer will inspect the Work and repairs and review the written acceptances, if any, and send Developer a written notice stating whether the Work and repairs are complete to the satisfaction of the City Engineer, in their reasonable discretion, and whether the written acceptances have been provided. If the Work and repairs are, in the opinion of the City Engineer, not complete and satisfactory, and/or written acceptances have not been provided, the City Engineer will list the deficiencies that Developer must correct to make the Work and repairs complete and satisfactory. Upon satisfactory completion of the Work and repairs and submittal of written acceptances, the City Engineer will send Developer a written notice of REV: 01-24-20 PR ATTY/AGR.2020.014/Valera Fooksman (Page 4 of 22)