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9. Examination of Work. All of the Work will be consistent with the <br />Improvement Plans and performed to the satisfaction of the City Engineer, in their <br />reasonable discretion. City and its authorized agents will, at all times during the <br />performance of the Work, have free access to the Property and the Work and will be <br />allowed to examine the Work and all materials used and to be used in the Work. <br />10. City Costs: Deposit. Developer will pay to City the actual cost for all <br />engineering, inspection, administration, plan check, laboratory and field-testing, <br />construction, and other services furnished by City in connection with this Agreement, <br />including those performed by consultants under contract with City ("City Costs"). <br />Developer will deposit with City the sum of fifty thousand dollars ($50,000.00) ("Deposit") <br />to compensate City for all City Costs. Developer understands that the Deposit is an <br />estimate and further agrees to pay to City the actual cost of providing such services, in <br />accordance with City's current fees. Developer will complete payment of such additional <br />sum or sums for the services provided by City, if any, within ten (10) days after billing by <br />City of the additional sum to be paid, and the amount payable will be increased by ten <br />percent (10%) in the event payment is not made within such ten (10) day period. Any part <br />of the Deposit or such additional sum or sums not utilized by City will be returned promptly <br />to 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 <br />any private or public property damaged as a result of the Work or pays the full cost of <br />such repair to the owner whose property was damaged and (c) obtains the written <br />acceptance of such repair or payment from any owner whose private property was <br />repaired by Developer or to whom Developer paid the full cost of such repair, Developer <br />will provide City with a written notice of completion, together with copies of all written <br />acceptances. <br />12. Final Acceptance. <br />12.1 Notice of Completion. Within thirty (30) days of receipt of Developer's <br />written notification pursuant to Section 11 above, the City Engineer will inspect the <br />Work and repairs and review the written acceptances, if any, and send Developer <br />a written notice stating whether the Work and repairs are complete to the <br />satisfaction of the City Engineer, in their reasonable discretion, and whether the <br />written acceptances have been provided. If the Work and repairs are, in the opinion <br />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 Developer <br />must correct to make the Work and repairs complete and satisfactory. Upon <br />satisfactory completion of the Work and repairs and submittal of written <br />acceptances, the City Engineer will send Developer a written notice of satisfactory <br />completion. The requirement for written acceptances may be waived by the City <br />Engineer, in their reasonable discretion, if Developer has made commercially <br />reasonable efforts to obtain such acceptances. The City Engineer's failure to <br />respond to Developer's written notification within thirty (30) days will not be <br />deemed a breach or default under this Agreement. <br />REV: 12-16-19 PR <br />ATTY/AGR.2019.315Moodside Professional Center, LLC (Page 4 of 22) <br />