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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 notice of <br />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 />will be by City Council action, with the matter placed on the next available agenda. <br />Upon City Council action, the City Engineer will promptly record a notice, in a form <br />to be approved by the City Attorney, in the Official Records of San Mateo County. <br />12. Performance, Labor and Materials and Warranty Security. <br />12.1 In accordance with Chapter 30 of the Redwood City Code, Developer will <br />furnish and deliver to City, within the times set forth below, the following security, <br />each of which must be issued by a surety company duly and regularly authorized <br />to do general surety business in the State of California, or such other surety as <br />may be acceptable to the City Engineer. <br />(a) Performance Security. Developer will furnish and deliver <br />performance security in the amount of Five Million Nine Hundred Seventy - <br />Eight Thousand Nine Hundred Ninety Dollars ($5,978,990), concurrently <br />with the execution of this Agreement, which security must meet the <br />requirements of Government Code section 66499.1 and Redwood City <br />Code section 30.80 and be acceptable to the City Engineer. The security <br />will be conditioned upon the faithful performance of this Agreement with <br />respect to the Work and will be released by City in accordance with Section <br />13 (Partial Reduction or Release of Improvement Security) upon final <br />acceptance of the Improvements as described in Subsection 11.2 and <br />Developer's delivery of the Warranty Security described in Subsection <br />12.1(c). <br />(b) Payment Security. Developer will furnish and deliver labor and <br />materials security in the amount of Five Million Nine Hundred Seventy -Eight <br />Thousand Nine Hundred Ninety Dollars ($5,978,990), concurrently with the <br />execution of this Agreement, which security must meet the requirements of <br />Government Code section 66499.2 and Redwood City Code section 30.80 <br />and be acceptable to the City Engineer. The security will secure payment <br />to the contractor(s) and subcontractor(s) performing the Work and to all <br />persons furnishing labor, materials or equipment to them. City will retain the <br />REV: 10-25-24 VR <br />Page 5 of 23 <br />