RecDoc 2021-108252 1548 Maple Street

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10. City Costs; Deposit. Developer shall 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 ONE HUNDRED THOUSAND DOLLARS ($100,000.00) ("Deposit") as security for Developer's obligation to pay all such City Costs. Developer understands that the Deposit is not an estimate of City Costs and further agrees to pay to City the actual cost of providing such services, in accordance with City's then current fees. From time to time following Developer's written request (but not more frequently than monthly), City shall provide Developer an itemized invoice for City Costs incurred. Developer will complete payment of such sum or sums for the services provided by or on behalf of City within ten (10) days after billing by City of the amount 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. City may withdraw from the Deposit amounts needed to timely pay or reimburse City for any City Costs not timely paid by Developer. In the event the Deposit balance falls below Thirty Thousand Dollars ($30,000), then within five (5) business days following City's request, Developer shall deposit additional immediately available funds with City so that the Deposit is maintained at a level sufficient to fund the next 90 days of anticipated City Costs as reasonably determined by City but in any event not less than $30,000. 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 Non-Blomquist Work or Blomquist Work, as applicable, 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 Non-Blomquist Work or Blomquist Work, as applicable, 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, or applicable portion thereof, and repairs and review the written acceptances, if any, and send Developer a written notice stating whether the Work or applicable portion thereof and repairs are complete to the satisfaction of the City Engineer, in his or her reasonable discretion, and whether the written acceptances have been provided. If the Work or applicable portion thereof 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 or applicable portion thereof and repairs complete and satisfactory. Upon satisfactory completion of the Work or applicable portion thereof and repairs and submittal of written acceptances, the City Engineer will send Developer a written notice of satisfactory completion. The requirement for written acceptances may be waived by the REV: 01-21-2021 PR ATTY/AGR.2021.010/1548 Maple LLC (Page 8 of 29)