Agmt11 R.C.Peninsula Park, LLC - Laserfiche WebLink

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Section 5.08. Defective or Nonconforming Work. Any work which does not conform with the requirements of the approved Plans or which is found unacceptable or deficient by the City's Engineer shall be remedied or removed and replaced by the Developer at the Developer's sole cost and expense, together with any other work which may be displaced in so doing, and no compensation will be paid to the Developer for such removal, replacement or remedial work. All materials found inadequate or deficient by the City or the City's Engineer shall be immediately removed from the site. The Developer shall comply with any reasonable direction or order of the City or the City's Engineer concerning removal or replacement of any work found defective by the City not later than ten (10) consecutive days (or such longer period as may be reasonably required in the discretion of the City Engineer) following receipt of written notice of the deficient work by the City. The Developer shall promptly remedy all such deficiencies and complete all of the remedial work no later than ten (10) consecutive days (or such longer period as may be reasonably required in the discretion of the City Engineer) from receipt of the City's letter of non - conforming or unacceptable work unless an additional period of time is granted by the City. In the event the Developer fails to comply with any of these time periods, the City shall have the express authority to cause all non - conforming materials, rejected work, or unauthorized work to be remedied, removed, or replaced at the Developer's sole cost and expense and to deduct all fees and costs incurred by the City, including staff time, from any amounts otherwise payable to Developer under this Acquisition Agreement. Section 5.09. Modification or Designation of Discrete Components. Upon written request of the Developer, the City Engineer shall consider modification of the description of any Discrete Component or shall consider the delineation of new Discrete Components not currently designated in Exhibit B. So long as the modification is in conformance with the Development Agreement, does not diminish the overall Facilities to be provided by the Developer hereunder (in a material way such that the change invalidates any of the assumptions used in the appraisal conducted to sell the Bonds), and is consistent with any applicable provisions of Section 53313.51 of the Act, then the City Engineer, in his reasonable discretion, may approve the modification. It is expected that any such modification or designation will be solely for purposes of dividing up the work included in any Facility for purposes of acceptance and payment or in response to changes to the Development Agreement or the actual design of the work comprising the Project. In most instances, the City Engineer will only approve modifications or designations for payment purposes if (i) there will be an unusual period of time between the date of this Agreement or the approval of the design of the work and the completion and acceptance of such divided work or (ii) such modification or designation will better implement the phasing of the overall construction of the Facilities. ARTICLE VI OWNERSHIP AND TRANSFER OF DISTRICT FACILITIES Section 6.01. Facilities to be Owned by the City — Conveyance of Land and Easements to City. The City and the Developer shall cooperate in good faith to achieve conveyance and acceptance of Acceptable Title in a timely manner. Acceptable Title to all property on, in or over which each Facility will be located, shall be deeded over to the City by way of grant deed, quitclaim, irrevocable offer of dedication or dedication of such property, or easement thereon, if such conveyance of interest is approved by the City as being a sufficient -18-