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3. Duty to Undertake Fill Importation. At such time as County develops the Property with <br />permanent improvements, County shall complete the Fill Importation, in accordance with improvement <br />plans and drawings to be prepared by County and submitted to the City Engineer for review and approval <br />not to be unreasonably withheld, conditioned or delayed ("Plans"). The Fill Importation and all labor and <br />materials furnished in connection therewith are hereinafter referred to collectively as the "Work." In the <br />event County proposes to develop the Property in phases, the parties will cooperate in good faith to agree <br />upon a schedule for phased installation of the Work. If, prior to County's development of permanent <br />improvements on the Property, City proposes to undertake adjacent street improvements which may include <br />elevation of the adjacent right of way, the parties will cooperate in good faith to agree upon a schedule for <br />County's accelerated performance of the Work. The Work shall be in compliance with the provisions of <br />Chapter 30 of the Redwood City Code. In the event a conflict exists between the Plans and the requirements <br />of Chapter 30 of the Redwood City Code, the requirement or standard as reasonably determined by the City <br />Engineer shall govern. The County may install a fill slope on the City's remainder parcel to facilitate raising <br />the 2.52 acre County parcel to a minimum elevation of 14 NAVD88, except that no fill may be installed <br />within any wetlands area. <br />4. Completion Timing. Except as otherwise agreed by City in its sole discretion, County will <br />complete the Work, or applicable phase thereof, prior to occupying all or any portion of the buildings or <br />improvements whose construction triggered the obligation to complete the Work. All Work will be <br />completed in a good and workmanlike manner in accordance with accepted design and construction <br />practices and consistent with the Plans. <br />Intentionally omitted. <br />6. Modifications to the Plans. County agrees to make such modifications, changes or <br />revisions as necessary in order to complete the Work in a good and workmanlike manner in accordance <br />with accepted design and construction standards and consistent with the Plans as approved by the City <br />Engineer. <br />7. Intentionally omitted, <br />Intentionally omitted. <br />9. Examination of Work. All of the Work shall be consistent with the Plans and performed <br />to the satisfaction of the City Engineer, in his or her reasonable discretion. City and its authorized agents <br />shall, at all times during the performance of the Work, have free access to the Work and the Property as <br />reasonably necessary to examine the Work, and shall be allowed to examine the Work and all materials <br />used and to be used in the Work. <br />10. City Costs. County shall pay to City, the actual cost for all engineering, inspection, <br />administration, plan check, laboratory and field testing, construction, and other services furnished by City <br />in connection with this Agreement, including those performed by consultants under contract with City <br />which consultants have been approved by County ("City Costs"). County agrees to complete payment of <br />such sums for the services provided by City within thirty (30) days after billing by City. <br />11. Completion of Work. After County (a) completes the Work or applicable phase thereof in <br />accordance with the Plans and the terms and conditions of this Agreement, (b) repairs any private or public <br />property damaged as a result of the Work or applicable phase thereof or pays the full cost of such repair to <br />the owner whose property was damaged and (c) obtains the written acceptance of such repair or payment <br />from any owner whose private property was repaired by County or to whom County paid the full cost of <br />REV: 01-21-2022 SK <br />ATTY/AGR.2022.010.1/City- County Land swap (Page 2 of 14) <br />