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EXHIBIT D -4 <br />Form of Certificate of Acceptance <br />CERTIFICATE OF COMPLETION AND ACCEPTANCE <br />[Phase No. _] <br />This Certificate of Completion and Acceptance is made by the City of Redwood City <br />( "City ") and the City and County of San Francisco ( "CCSF "), each a California municipal <br />corporation, with respect to certain improvements constructed by CCSF within the City. <br />RECITALS <br />A. City and CCSF entered into that certain Memorandum of Agreement ( "MOA "), <br />dated for reference purposes only , 2009, with respect to construction of CCSF's <br />Bay Division Pipeline No.5 project through City's streets and other property. <br />B. Section 3.2(e) of the MOA requires CCSF to deliver and City to execute a <br />Certificate of Completion and Acceptance upon completion of construction of distinct phases of <br />the CCSF MOA Work (as that term is defined in the MOA). <br />C. City has inspected the phase of CCSF MOA Work described as <br />[insert brief description — intersection name, etc.] and more particularly described on <br />Exhibit A to this Certificate ( the "Improvements ") and determined that the Improvements have <br />been satisfactorily completed_ <br />NOW THEREFORE, City and CCSF each certify as follows: <br />1. CCSF certifies that, as of the date of this Certificate of Completion and <br />Acceptance, it has assigned or is in the process of assigning all warranties and guaranties related <br />to the Improvements as required by Section 3.2(e) of the MOA. <br />2. City hereby accepts ownership and control of the Improvements, including <br />responsibility for the operation and maintenance of the Improvements. <br />3. This Certificate is not a Notice of Completion as defined in California Civil Code <br />Section 3093. <br />4. Nothing contained in this Certificate of Completion and Acceptance shall modify <br />or alter in any way the provisions of the MOA. <br />5. CCSF does hereby represent to City that CCSF is the lawful owner of the <br />Improvements and that CCSF has the right to transfer the same as aforesaid and will warrant and <br />defend title thereto unto City. <br />DATED this day of 9 20 <br />CITY AND COUNTY OF SAN FRANCISCO, <br />a California municipal corporation <br />Loan <br />CITY OF REDWOOD CITY, <br />a California municipal corporation <br />I' m <br />D -4 -1 <br />City of Redwood City MOA ver 030910 <br />