RecDoc 2021-108252 1548 Maple Street

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the request of Developer, which request will be accompanied by a written assurance acceptable to the City Engineer that the securities required by Section 13 will remain enforceable throughout the term of the extension. 5. Estimated Cost of Work. The engineer's estimated cost of the Non- Blomquist Work is NINETEEN MILLION EIGHT HUNDRED FIFTY-NINE THOUSAND DOLLARS ($19,859,000) ("Estimated Cost of Non-Blomquist Work"). The engineer's estimated cost of the Blomquist Work as of the date of this Agreement is SEVEN MILLION TWENTY-TWO THOUSAND DOLLARS ($7,022,000) ("Estimated Cost of Blomquist Work"). 6. Modifications to the Plans. Approval of this Agreement by City does not release Developer from its responsibility to correct mistakes, errors or omissions in the Improvement Plans. If, at any time prior to the completion of the Work (or, if applicable, prior to the payment of the County/Developer Segments In Lieu Payment), in the opinion of the City Engineer, in his or her reasonable discretion, the Improvement Plans are deemed inadequate in any respect, Developer agrees to make such modifications, changes or revisions as necessary in order to complete the Work in a good and workmanlike manner in accordance with accepted design and construction standards and consistent with the Conditions and Improvement Plans. 7. Repairs. Developer shall either (a) repair or have repaired in a timely manner at its sole cost and expense all public roads, streets, or other public or private property damaged as a result of or incidental to the Work or in connection with the development of the Property, or (b) pay to the property owner of any damaged road, street or property the full cost of such repair. In addition, Developer will obtain the written acceptance of such repair or payment from any owner whose private or public property was repaired by Developer or to whom Developer has paid the full cost of such repair in accordance with this Section 7. City will be under no obligation whatsoever to accept all or any portion of the Work completed under this Agreement until such time as all repairs have been completed or have been paid for and written acceptances have been provided to the City Engineer. 8. Foreman or Superintendent. Developer shall give personal attention to the Work. A competent foreman or superintendent, satisfactory to the City Engineer in his or her 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 shall be consistent with the Improvement Plans and performed to the satisfaction of the City Engineer, in his or her 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. REV: 01-21-2021 PR ATTY/AGR.2021.010/1548 Maple LLC (Page 7 of 29)