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<br />Reference is hereby made to (a) that certain final map entitled, "The Preserve <br /> <br />Townhomes ", (b) those certain plans on file in the office of the Manager, Engineering <br /> <br />and Construction entitled "The Preserve at Redwood Shores" and (c) those certain <br /> <br />specifications entitled, "Engineering Standards for the City of Redwood City", adopted <br /> <br />December 4, 2006, for a more particular description of the work and Improvements <br /> <br />generally described in this Agreement. Said final map, plans and specifications <br /> <br />referenced in this paragraph are hereby incorporated herein and made a part of this <br /> <br />Agreement. Upon completion of the aforementioned work, and prior to the release of <br /> <br />any security required herein, Owner shall furnish City with a complete set of plans and <br /> <br />drawings showing the Improvements in their actu.al or "as-built" condition and location. <br /> <br />8. GUARANTEE OF WORKMANSHIP AND MATERIALS. Owner agrees <br /> <br />that if, within a period of one (1) year after final acceptance of any work done under this <br /> <br />Agreement, the improvements furnished and/or installed or constructed or caused to be <br /> <br />constructed by Owner, or any of the work done under this Agreement, fails to fulfill any <br /> <br />of the requirements of this Agreement, or the plans and specifications referenced <br /> <br />herein, Owner shall upon receipt of a request in writing from City directing the work to <br /> <br />be done, without delay and without any cost to City, repair or replace or reconstruct any <br /> <br />defective or otherwise unsatisfactory part or parts of the Improvements or work. Should <br /> <br />Owner fail to act promptly to make such repair, replacement or reconstruction, or <br /> <br />otherwise to act in accordance with this requirement to repair, replace or reconstruct, or <br /> <br />should the exigencies of the case require that repair, replacement or reconstruction be <br /> <br />made before Owner can be notified, the City may, at its option, make the necessary <br /> <br />repair, replacement or reconstruction or perform the necessary work and Owner shall <br /> <br />pay the City the actual cost thereof plus fifteen percent (15%). <br /> <br />ATTY/AGR/2009.032 <br />071309 <br /> <br />7 <br />