RecDoc 2023-023545 200 Twin Dolphin Subdivision Improvement Agmt.

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and satisfactory. Upon satisfactory completion of the Work 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 City Engineer, in their reasonable discretion, if Developer has made commercially reasonable efforts to obtain such acceptances. The City Engineer's failure to respond to Developer's written notification within thirty (30) days will not be deemed a breach or default under this Agreement. 11.2 Acceptance of Improvements. After sending Developer a written notice of satisfactory completion pursuant to Section 11. 1, the City Engineer will recommend acceptance of the Improvements to the City Council. The acceptance of the Improvements, offers of dedication and right -of way, and easements, if any, will be by City Council action, with the matter placed on the next available agenda. Upon City Council action, the City Engineer will promptly record a notice, in a form to be approved by the City Attorney, in the Official Records of San Mateo County. 12. Performance, Labor and Materials and Warranty Security. 12.1 In accordance with Chapter 30 of the Redwood City Code, Developer will furnish and deliver to City, within the times set forth below, the following security, each of which must be issued by a surety company duly and regularly authorized to do general surety business in the State of California, or such other surety as may be acceptable to the City Engineer. (a) Performance Security. Developer will furnish and deliver performance security in the amount of Five Million Six Hundred Ninety -Five Thousand Seven Hundred Eight Dollars ($5,695,708.00), concurrently with the execution of this Agreement, which security must meet the requirements of Government Code section 66499.1 and Redwood City Code section 30.80 and be acceptable to the City Engineer. The security will be conditioned upon the faithful performance of this Agreement with respect to the Work and will be released by City in accordance with Section 13 (Partial Reduction or Release of Improvement Security) upon final acceptance of the Improvements as described in Subsection 11.2 and Developer's delivery of the Warranty Security described in Subsection 12.1(c). (b) Payment Security. Developer will furnish and deliver labor and materials security in the amount of Five Million Six Hundred Ninety -Five Thousand Seven Hundred Eight Dollars ($5,695,708.00), concurrently with the execution of this Agreement, which security must meet the requirements of Government Code section 66499.2 and Redwood City Code section 30.80 and be acceptable to the City Engineer. The security will secure payment to the contractor(s) and subcontractor(s) performing the Work and to all persons furnishing labor, materials or equipment to them. City will retain the security until both (i) City accepts the Work in accordance with Subsection 11.2 above and (ii) the statute of limitations to file an action under Civil Code section 8410 et seq. has expired. The security amount REV: 03-13-23 SK ATTY/AGR.2023 049/Trammell Crow Company (200 Twin Dolphin - SIA) (Page 5 of 24)