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. ` w VOL 1 93 PAGE2 agreement .upon the completion of proceedings under an assessment district act for the construction of improvements deemed by the City Engineer to be at least the equivalent of the improvements specified in said agreement and required to be constructed by the subdivider, and (d) for progress payments to the subdivider, or his order, from any deposit coney which the subdivider may have made in lieu of providing a surety bond, as pro- vided by the next succeeding section; provided, however, that no such progress payment shall be made for more than ninety percent (905) of the value of any installment of stork and provided that each such installment of work shall be co1' ploted to the satisfaction of the City Engineer. 6,42 The subdivider shall also file with the aforesaid agreement, to assure his full and faithful his full and faithful performance thereof, a bond for sued sum as the City Engineer shall deem sufficient to cover the Bost of said improvements and inspection, suoh bond shall be executed by a surety company authorised to transaeta surety business In the State of . California and must be satisfactory to and be approved by the City Attar-- _ ney as to form and by the City Managefo as to Sufficienty. In lieu of said bond the subdivider may deposit with the City Treasurer or recognized Title Company cash money in an amount fixed as aforesaid by the City En- gineer. Said cash monies to be released only on written inetruotione of the City Tanager of Redwood City. 64.3 In the event the subdivider shall fall to complete all improve- ment work in accordance with the provisions of this Ordinance and the City. shall have eos~ipleted same,s or if the subdivider shall fail to reimburse tke City for the cost of inspection, the city shall call on the surety for reimbursement or shall appropriate from any cash deposits fund$ for reim- bursement, In any such vase* if the amount of surety bend or cash deposit shall exceed all cost and expense incurred by the City it shall release the remainder of such bond or cash deposit and if. the amount of the surety bond Or cash deposit shall be loss than the cost and expense incurred by the City the subdivider shall be liable to the City for such difference. 6.44 Do extension of time, progress payments from cash deposits, or releases of surety bond or cash deposit shall be made except upo . certi► fieation by the City Engineer that irk covered thereby has been satis- factorily completed and upon reeonmaondation of the city reneger and ap- previa of the City Council. awnol VII. EXCEPTIOfS. 7.1 Application. . 7.11 fine, Planning Commission may reoommerid that the City Couneil alatherise conditional ezoeptione to any of. the reeuir.uents and rsgule- - t4ons set forth La this Ordin noes Application for any suoh isxception Shall be' made by a certified petition of the subdivider, Stating. fblly %he grounds of the application and the facts retied upon by the peti-. timer. U011 petition shall be filed frith the tentative ma of the sub- wivi$$en. In order for the property referr©d to in the petition to cone thin the provisions of this section, it shall be necessary that the Plaxuttrj Commission shall find the following facts with respect thereto: (a) That there are exceptional Circumstances or conditions affec- ting said property. (b) That the exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner. (0) That the granting of the exception will not be detrinmental to the public velfare or injurious to other property in the territory in which said property is situated. 7.2 Planning Connitssion Action. 7.21 In recommending such exceptions, the Planning Commission shall secure substantially the objectives of the regulation_;: to which the exeep • tions are granted, .as to light, air, wick the public health, safety, con- venience and general welfare. - 13 -