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7. Foreman or Superintendent. Developer will give personal attention to the Work. A <br />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, and may not be changed without advance <br />notification to and the concurrence of the City Engineer. <br />8. Examination of Work. All of the Work will be consistent with the Improvement Plans <br />and performed to the satisfaction of the City Engineer, in their reasonable discretion. City <br />and its authorized agents will, at all times during the performance of the Work, have free <br />access to the Property and the Work and will be allowed to examine the Work and all <br />materials used and to be used in the Work. <br />9. City Costs, Deposit. Developer will pay to City the actual cost for all engineering, <br />inspection, administration, plan check, laboratory and field-testing, construction, and <br />other services furnished by City in connection with this Agreement, including those <br />performed by consultants under contract with City ("City Costs"). Developer will deposit <br />with City the sum of Fifty Thousand Dollars ($50,000.00) ("Deposit") to compensate City <br />for all City Costs. Developer understands that the Deposit is an estimate and further <br />agrees to pay to City the actual cost of providing such services, in accordance with City's <br />current fees. Developer will complete payment of such additional sum or sums for the <br />services provided by City, if any, within ten (10) days after billing by City of the additional <br />sum to be paid, and the amount payable will be increased by ten percent (10%) in the <br />event payment is not made within such ten (10) day period. Any part of the Deposit or <br />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 with <br />the Improvement Plans and the terms and conditions of this Agreement, (b) repairs any <br />private or public property damaged as a result of the Work or pays the full cost of such <br />repair to the owner whose property was damaged and (c) obtains the written acceptance <br />of such repair or payment from any owner whose private property was repaired by <br />Developer or to whom Developer paid the full cost of such repair, Developer will provide <br />City with a written notice of completion, together with copies of all written 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 />REV: 05-01-25 VR <br />ATTY/AGR.2025.091/879 Vista Drive Parterns, LLC (879 Vista Dr) (Page 4 of 23) <br />