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under this Agreement until such time as all repairs have been completed or have been <br />paid for and written acceptances have been provided to the City Engineer. <br />7. Foreman or Superintendent. Developer will give personal attention to the <br />Work. A competent foreman or superintendent, satisfactory to the City Engineer in their <br />reasonable discretion, with authority to act for and on behalf of Developer, will be named <br />in writing by Developer prior to commencement of the Work, will be present on the <br />Property during the performance of the Work. The Developer will provide written notice <br />to the City Engineer in the event of a change in the named contract. <br />8. Examination of Work. All of the Work will be consistent with the <br />Improvement Plans and performed to the satisfaction of the City Engineer, in their <br />reasonable discretion. City and its authorized agents will, at all times during the <br />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 Costs Deposit. 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"), subject <br />to the terms and limitations in the Settlement Agreement, dated May 15, 2023. Developer <br />will deposit with City the sum of Fifty Thousand Dollars ($50,000.00) ("Deposit") to <br />compensate City for all City Costs. Developer understands that the Deposit is an estimate <br />and further agrees to pay to City the actual cost of providing such services, in accordance <br />with City's current fees. Developer will complete payment of such additional sum or sums <br />for the services provided by City, if any, within ten (10) days after billing by City of the <br />additional sum to be paid, and the amount payable will be increased by ten percent (10%) <br />in the event payment is not made within such ten (10) day period. Any part of the Deposit <br />or such additional sum or sums not utilized by City will be returned 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 />REV: 10-02-24 VR <br />ATTY/AGR 2024.178/Redwood Crossing LLC (557 E Bayshore IA) (Page 4 of 24) <br />