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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 />9. City CostsLDepoosit. 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 Three Thousand Dollars ($3,000.00) <br />("Deposit") to compensate City for all City Costs. Developer understands that the Deposit <br />is an estimate and further agrees to pay to City the actual cost of providing such services, <br />in accordance with City's current fees. Developer will complete payment of such <br />additional sum or sums for the services provided by City, if any, within ten (10) days after <br />billing by City of the additional sum to be paid, and the amount payable will be increased <br />by ten percent (10%) in the event payment is not made within such ten (10) day period. <br />Any part of the Deposit or such additional sum or sums not utilized by City will be returned <br />promptly to Developer. <br />10. 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 />11. Final Acceptance. <br />11.1 Notice of Completion. Within thirty (30) days of receipt of Developer's <br />written notification pursuant to Section 10 (Completion of Work) above, the City <br />Engineer will inspect the Work and repairs and review the written acceptances, if <br />any, and send Developer a written notice stating whether the Work and repairs are <br />complete to the satisfaction of the City Engineer, in their reasonable discretion, <br />and whether the written acceptances have been provided. If the Work and repairs <br />are, in the opinion of the City Engineer, not complete and satisfactory, and/or <br />written acceptances have not been provided, the City Engineer will list the <br />deficiencies that Developer must correct to make the Work and repairs complete <br />and satisfactory. Upon satisfactory completion of the Work and repairs and <br />submittal of written acceptances, the City Engineer will send Developer a written <br />notice of satisfactory completion. The requirement for written acceptances may <br />be waived by the City Engineer, in their reasonable discretion, if Developer has <br />made commercially reasonable efforts to obtain such acceptances. The City <br />Engineer's failure to respond to Developer's written notification within thirty (30) <br />days will not be deemed a breach or default under this Agreement. <br />11.2 Acceptance of Improvements. After sending Developer a written <br />notice of satisfactory completion pursuant to Section 11.1, the City Engineer will <br />recommend acceptance of the Improvements to the City Council. The acceptance <br />of the Improvements, offers of dedication and right -of way, and easements, if any, <br />REV: 09-22-2022 SK <br />ATTY/AGR.2022.358/Noventi Qoz Properties LLC (Page 4 of 22) <br />