AgdaPkt 2013-11-18 Special - Laserfiche WebLink

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7.1 .D. - Page 8 accordance with the City's current fees and/or fee schedules. Developer agrees to complete payment of such additional sum or sums far the services provided by City, if any, within ten (10) business days after receipt of the invoice and account statement by City showing 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 ten(10)business day period. Upon the City's acceptance of the Ixnprovements, any part of the Deposit or such additional sum or sums not utilized by City shall be rebxrned promptly to Developer. At Developer's request, City shall provide an accounting of Developer's Deposit, showing disbursements and the balance of the Deposit or such additional sum or sums. 11. Completion of Work. After Developer (a) completes the Wark in accordance with the Ixnprovement Plans and the terms and conditions of this Agreement, (b) repairs any private or public property damaged as a result of the Wark or pays the full cost of such repair to the owner whose property was damaged and(c) obtains the written acceptance(or uses commercially reasonable efforts to obtain the written acceptance) of such repair or payment from any owner whose private property was repaired by Developer ar to whom Developer paid the full cost of such repair, Developer will provide City with a written notice of completion, together with copies of all written acceptances (if available following Developer's commercially reasonable efforts). 12. Final Acceptance. 12.1 Notice of Completion. Within thirty (30) days of receipt of Developer's written notification pursuant to Section 11 above,the City Engineer shall inspect the Wark and repairs and review the written acceptances, if any, and send Developer a written notice stating whether the Wark and repairs are complete to the satisfaction of the City Engineer, in his reasonable discretion, in accordance with the Improvement Plan and conditions of this Agreement, and whether the written acceptances have been provided(if available). If the Wark and repairs are,in the reasonable opinion of the City Engineer, not complete and satisfactory, and/or written acceptances have not been provided,the City Engineer will list the deficiencies that must be corrected to find the Wark and repairs complete and satisfactory. Upon satisfactory completion of the Wark and repairs and submittal of written acceptances (if applicable and available), the City Engineer will send Developer a written notice of satisfactory completion. The requirement for written acceptances may be waived by the City Engineer if Developer demonstrates it 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. 12.2 Accevtance of Imvrovements. After sending Developer a written notice of satisfactory completion of the Wark pursuant to Section 12.1, 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 of acceptance of public improvements, in a forxn to be approved by the City Attorney, in the Official Records of San Mateo County. 13. Performance. Labor and Materials and Warrantv Securitv. 131 In accordance with Chapter 30 of the Redwood City Code,Developer will furnish and deliver to City,within the times set forth below,the following security, each of which must be ATN/AGR/2013.217/IMPROVEMENT AGR 601 MAIN ST REV: 11-12-13 VR Page 4 0£24