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maintenance responsibilities and other requirements are set forth in the "Declaration of
<br /> Covenants, Conditions & Restrictions of Kentfield Pacific Place".
<br /> 8. WORK SUBJECT TO APPROVAL. All work provided for in this
<br /> Agreement and more specifically described in the plans and specifications herein
<br /> referenced shall be subject to the approval and acceptance by the City Engineer before
<br /> the release of any security required herein. Reference is hereby made to (a) that
<br /> certain final map entitled, "Ken�eld Pacific Place", (b) those certain plans on file in the
<br /> office of the City Engineer entitled "Kentfield Pacific Place, Sheets C-1 through C-7,
<br /> dated August 15, 2011", and (c) those certain specifications entitled, "Engineering
<br /> Standards for the City of Redwood City", adopted December 4, 2006, for a more
<br /> particular description of the work and Improvements generally described in this
<br /> Agreement. Said final map, plans and specifications referenced in this paragraph are
<br /> hereby incorporated herein and made a part of this Agreement. Upon completion of the
<br /> aforementioned work, and prior to the release of any security required herein, Owner
<br /> shall furnish City with a complete set of plans and drawings showing the Improvements
<br /> in their actual or "as-built" condition and location.
<br /> 9. GUARANTEE OF WORKMANSHIP AND MATERIALS. Owner agrees
<br /> that if, within a period of one (1) year after final acceptance of any work done under this
<br /> Agreement, the improvements furnished and/or installed or constructed or caused to be
<br /> constructed by Owner, or any of the work done under this Agreement, fails to fulfill any
<br /> of the requirements of this Agreement, or the plans and specifications referenced
<br /> herein, Owner shall upon receipt of a request in writing from City directing the work to
<br /> be done, without delay and without any cost to City, repair or replace or reconstruct any
<br /> defective or otherwise unsatisfactory part or parts of the Improvements or work. Should
<br /> Owner fail to act promptly to make such repair, replacement or reconstruction, or
<br /> otherwise to act in accordance with this requirement to repair, replace or reconstruct, or
<br /> should the exigencies of the case require that repair, replacement or reconstruction be
<br /> made before Owner can be notified, the City may, at its option, make the necessary
<br /> repair, replacement or reconstruction or perform the necessary work and Owner shall
<br /> pay the City the actual cost thereof plus fifteen percent (15%).
<br /> Notwithstanding any provisions to the contrary as set forth in this Agreement,
<br /> Owner shall not be responsible for repair, replacement, or reconstruction of any
<br /> Improvements, necessitated by Acts of God, acts of third parties (other than Owner, its
<br /> agents, employees or contractors) beyond Owner's ability to control, civil emergencies,
<br /> natural disasters, or similar acts or events.
<br /> 10. DEPOSIT FOR PLAN CHECK AND INSPECTION. Owner shall deposit
<br /> with City the sum of Twenty Three Thousand Nine Hundred Fifty and 00/100 Dollars
<br /> ($23,950.00) ("Deposit") to compensate City for all engineering, inspection, plan check,
<br /> laboratory and field testing, construction, and other services furnished by City in
<br /> connection with the Improvements for the said subdivision. Owner understands that the
<br /> Deposit is an estimate and further agrees to pay to City the actual cost of providing such
<br /> services, in accordance with the City's current fees. Owner agrees to complete
<br /> payment of such additional sum or sums for the services provided by City, if any, within
<br /> ten (10) days after billing by City of the additional sum to be paid and agrees that the
<br /> ATTY/AGR/2011.134/KENTFIELD SUBDIVISION
<br /> REV:12/01/11 Page 7 of S
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