Agmt12 201 Marshall LLC - Laserfiche WebLink

Browse Search

during the performance of the Work and may not be changed without advance notification to and the concurrence of the City Engineer. 8. Examination of Work. All of the Work shall be consistent with the Improvement Plans and performed to the satisfaction of the City Engineer, in his reasonable discretion. City and its authorized agents shall, at all times during the performance of the Work, have free access to the Property and the Work and shall be allowed to examine the Work and all materials used and to be used in the Work. 9. City Costs; Deposit. Developer shall pay to City the actual and reasonable cost for all engineering, inspection, administration, plan check, laboratory and field testing, construction, and other services furnished by City in connection with this Agreement, including those performed by consultants under contract with City ("City Costs"). Developer shall deposit with City the sum of Sixteen Thousand and No/100 Dollars ($16,000.00) ("Deposit") to compensate City for all City Costs. Developer understands that the Deposit is an estimate and further agrees to pay to City the actual cost of providing such services, in accordance with City's current fees. Developer agrees to complete payment of such additional sum or sums for the services provided by City, if any, within thirty (30) days after billing by City of the additional sum to be paid and agrees that the amount payable shall be increased by ten percent (10%) in the event payment is not made within such thirty (30) day period. Any part of the Deposit or such additional sum or sums not utilized by City shall be returned promptly to Developer. 10. Completion of Work. After Developer (a) completes the Work in accordance with the Improvement Plans and the terms and conditions of this Agreement, (b) repairs any private or public property damaged as a result of the Work, Developer will provide City with a written notice of completion,together with copies of all written acceptances. 11. Final Acceptance. 11.1 Notice of Comkletion. Within thirty (30) days of receipt of Developer's written notification pursuant to Section 10 above, the City Engineer shall inspect the Work and repairs and review the written acceptances, if any, and send Developer a written notice stating whether the Work and repairs are complete to the satisfaction of the City Engineer, in his reasonable discretion, and whether the written acceptances have been provided. If the Work and repairs are, in the opinion of the City Engineer, not complete and satisfactory, andlor written acceptances have not been provided,the City Engineer will list the deficiencies that must be corrected to find the Work and repairs complete and satisfactory. Upon satisfactory completion of the Work and repairs and submittal of written acceptances, the City Engineer will send Developer a written notice of satisfactory completion. The requirement for written acceptances may be waived by the City Engineer, in his reasonable discretion, if Developer has made commercially reasonable efforts to obtain such acceptances. The City Engineer's failure to respond to Developer's written notification within thirty(30)days will not be deemed a breach or default under this Agreement. 11.2 Acceptance of Improvements. After sending Developer a written notice of satisfactory completion pursuant to Section 11.1, the City Engineer will recommend acceptance of the Improvements to the City Council. The acceptance of the Improvements, offers of dedication and right-of way, and easements(except as expressly provided in Section 16 below), if any, shall be by resolution of the City Council, with the matter placed on the next available agenda for City Council action. Upon City Council's adoption of such resolution, the City Engineer shall promptly record a notice, in a form to be approved by the City Attorney, in the Official Records of San Mateo County. ATTY/AGR/2012.055lSUBDIVISION IMPROVEMENT AGREEMENT 201 MARSHALL REV:06-05-12 VR Page 3 of 16