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6.1.1. - Page 8 <br /> during tha p�rformance of the Work and may not be changed without advance notification to and the <br /> concurrencs of the City Engir�eer. <br /> $. Examination of Work. All af the Wark shall be consisten#with the rmprovemer�t Plans <br /> and performed to the satisfaction of the City Engineer, in his reasonable discretion. City and its <br /> authorized ag�nts shall, at all times during the per�orn�ance of the Work, have free access to the Property <br /> and the Work a�d shalI be allowed to examine the Work and all materials used and to b� used in the <br /> Wark. <br /> 9. Citv Costs; Deposit. De�reloper shall pay fa City the actual and reasanable cost for all <br /> engineering, inspec#ion, administration, pIan check, (aboratory and field testing, const�uction, at�d ather <br /> servioss furnished by City in connection with this Agreement, including those performed by consultants <br /> under contract witf� City ("City Costs"}. Developar shall deposit with City tl►e sum of Sixteen Thousand <br /> and No/100 Dollars ($16,000.00) ("Deposit") to c�rnpensate City for all City Costs. Developer <br /> understands that the Deposit is an esti�ate and further agrees to pay to City the actual cost of providing <br /> such services, in accordance with City's current fees, Developer ag�•ees to cornplete payme�t of such <br /> addifional sum or sums for the services �rovided by City, if any, within thirty (30} days after billing by <br /> City of the additional sum ta ba paid and agrees that the amaunt payable shall be increased by ten percent <br /> (10%} in the event payment is not made within such tlairty (30) day periad. Any part o�'the Deposit ar <br /> such additional sum or sums not utilized by City shall ba raturned promptly to Develaper. <br /> 1�. Co�pletion of Work. After Developer (a) completes the V47ork in aecQrdance with the <br /> Improveme�t Plans and th� terms and conditions o�this Agreement, (b} repairs any private or public <br /> property damaged as a result of the Work, Developer will provide City with a written notice of <br /> completion,together with copies of all written acceptances. <br /> 11. �'inal Acceptance. <br /> 1�.1 Notice of Conk�letion. Within thirty {30) days of�•eceipt of Developer's written <br /> notificatian pursuant to Section IO above, �ke City Engineer shall inspect the V�T�rk and repairs <br /> and review the written acceptances, if any, and sand Developer a wiritten notice stating whether <br /> tha Work and repairs are complete ta the satisfaction of the City Engineer, in his reasanabl� <br /> disc"retion, and whether the written acceptances have been pror�ided. If the Wor�and repairs are, <br /> in the opinion of the City Engineer, not complete and sa�isfactory, and/or written accep�ances <br /> have not been provided, t�e City Engineer will list the de�ciencies that must be corrected ta �nd <br /> the Work and repairs cornplete and satisfactory. Upon satisfactory connpletian of the Work and <br /> rapairs and submittal of wiritten acceptances, the City Engineer will send Developer a written <br /> natice of satisfac#o�y completion. The requirerrient for written accepta�ces tnay be waived by the <br /> City E�gineer, in his reasonabl$ discretion., if Developer has made commeroially reasonabte <br /> effarts to obtain such acceptances. The City Engineer's failure to�•espond to Devaloper's written <br /> notification within thirty(30}days will not b�deemed a breach or default under this Agreement. <br /> �1.2 Acceptance of Improvements. After sending Developer a written r�otice of <br /> satisfactory complerion pursuant to Section 11.1, the City Engineer wi11 recon�znend acceptance <br /> of the Improvemants ta the City Cauncil, The acceptance of the �mprovema�ts, offers of <br /> dedication and right-of way,and easements(except as expressly provided in S�ction 16 below}, if ' <br /> any, shall be by resolution af the City Council, with the matter placed on fhe next available <br /> agenda for City Council action. Upan City Council's adoption of such resolution, �e City <br /> Engineer shall promptly record a notice, in a form to be approved by the City Atta�ney, in the <br /> Of�cial Rscords of San Matea Coun#y. <br /> ATTYIAGW2012.0551SE1BD1VkSlO�f EIUIPROVEMENT AGREEIVIENT 20'f NiAFtSHAL� <br /> REV:Q6-05-12 VR <br /> Page 3 of 16 <br />