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� <br /> addirional sum to be paid and agrees that the armount payabla shall be increased by ten pez•cent(10%}in <br /> the event payment is not made within such fifteen (15) day period. Any part of the Deposit or such <br /> additional sum or sums not utilized by City shall ba returned pi•omptly to Developer. <br /> 11. Completion of Work, After Developer (a) completes the Work in accordance wi�h the <br /> Improvement Plans and the terms and conditions of this Agreement, (b) repairs any private or publio <br /> property damaged as a result of the Work or pays the full cost of such repair to the owner whose property <br /> was damaged and {c) obtains the wi7tten accBptance o£such repair or payment from any owner whose <br /> private property was repaired by Developer or to whom Developer paid the full cost of such repair, <br /> Developer will provide City with a written notice of oompletion, together with copies of all written <br /> acceptances. <br /> 12. Final Acceptanca. <br /> 12.1 Natice of Completion. Within thirry(30} days of receipt of Developer's written <br /> notification pursuant to Section 11 above,the City Engineer shall inspect the Work and repairs <br /> and review the writtan acceptances, if any, and send Developer a written notice stating whether <br /> the Work and repairs are complete to the satisfaction of the City Engineer, in ius raasonable <br /> discretion,and whether the written acceptances have bean provided. If the Work and repairs are, <br /> in the opinion af the City Engineer, not complete and saf.isfactory, and/or written acceptances <br /> have not been provicied,the City Enginear will tist the deficiencies that must be corrected to find <br /> tlie Work and repairs complete and satisfactory. Upon satisfactory compledon of the Work and <br /> repairs and submittal of written acceptances, tha City Engineer wilf send Developer a written <br /> notice of satisfactory completion, The requirement for written accepfiances may be waived by the <br /> City Engineer, in his reasonable discretion, if Developer has made commercially reasonabla <br /> efforts to obtain such acceptances. The City Enginear's failure to respond to Developer's written <br /> nofification within thirty{30}days will not be deemed a breach or default under this Agreement. <br /> 12.2 Acceptance of Improvements. Aftar sending Developer a written notice of <br /> satisfactory completion pursuant to Section 12.1,the City Engineer will recommend acceptance <br /> of the Impxovements to tha City Council. The acceptance of the Improvements, offers of <br /> dedication and right of way,and easements(except as expressly provided in Section 16 below),if <br /> any, shall be by resolution of the City Council, with the xnatter placed on the next available <br /> agenda for Ci#y Council actian. Upon City Council's adoption of such resoluhon, fhe City <br /> Engineer sha(1 promptly record a notice which provides for acceptance of the improvements,in a <br /> form to be approved by the City Attorney,in the Officiai Recocds of San Mateo County. <br /> 13. Parformance.Labor and Materials and Warrantv Securitx. <br /> 131 In accordance with Chapter 30 of the Redwood City Code, Developer will <br /> furnish and deliver to City,within the times set forth below,the following security,eaeh of which <br /> must be issued hy a surety company duly and regulariy authorized to do general surety business <br /> in the State of California,or such other surety as may be acceptable to the City Engineer. <br /> (a) Pei�formance Securitv. Developer shall £urnish and deliver performance <br /> securiiy in the arr�ount of Six Hundred Eighty Nine Thousand Three Hundred Sixty <br /> Dollars($b89,360.00),concurrently with the execution of this Agreement,which security <br /> must meet the requirements of Government Code seotion 66499.1 and Redwood City <br /> Code Section 30.80 and be acceptable to the City Engineer. The s$curiiy shall be <br /> conditioned upon the faithful parformance of this Agreement with respect to the Work <br /> and shall be released by City in accordance with Seotion 14 below upon final acceptance <br /> ATTY/AGR/2012.065/2580�CR(URBAN HQUSING)SUBpIVISION EMPROVEMENTAGREEN{ENT <br /> REV:66-05-i2 VR <br /> Page 4 of 16 <br />