RecDoc 2013-166678 See placeholder Assignment and Assumption Agmt above

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_ ___. _ The construction,installation and completion of the Improvements and all labor and materials furnished in connection therewith are hereinafter referred to collectively as the"Work." The Wark and Improvements shall be in strict compliance with the provisions of Chapter 30 of the Redwood City Code. In the event a conflict exists between the Improvement Plans and the requirements of Chapter 30 of the Redwood City Code,the stricter requirement or standard shall govern, as determined by the City Engineer. 4. Completion Date. Developer will complete the Work within two years of the Effective Date. All Work will be completed in a good and workmanlike manner in accordance with accepted design and construction practices and consistent with the Improvement Plans. This completion date may be eactended by the City Engineer in his/her sole and absolute discretion at the request of Developer, which request sha11 be accompanied by a written assurance acceptable to the City Engineer that the securities required by Section 13 shall remain enforceable throughout the term of the extension. 5. Estimated Cost of Work. The engineer's estimated cost of the Work is Nine Hundred and Eighty Seven Thousand One Hundred and Sixty Seven Dollars($987,167.00)(`Bstimated Cost of Work"). 6. Modifications to the Plans. Approval of this Agreement by City does not release Developer of its responsibility to correct mistakes,errors or omissions in the Improvement Plans. If,at any time prior to the completion of the Work, in the opinion of the City Engineer, in his reasonable discretion, the Improvement Plans are deemed inadequate for failure to satisfy design and construction standards commonly required by the City, Developer agrees to make such modifications, changes or revisions as necessary in order to complete the Work in a good and workmanlike manner in accordance with accepted design and construction standards and consistent with the Conditions and Improvement Plans. 7. Repairs. Developer agrees to repair or have repaired in a timely manner at its sole cost and expense all public roads, streets, or other public or private property damaged as a result of or incidental to the Work or in connection with the development of the Property, or to pay to the property owner of any damaged road,street or property the full cost of such repair. In addition,Developer shall use commercially reasonable efforts to obtain the written acceptance of such repair or payment from any owner whose private or public property was repaired by Developer ar to whom Developer has paid the full cost of such repair in accordance with this Section 7. City shall be under no obligation whatsoever to accept the Work completed under this Agreement until such time as all repairs have been completed ar have been paid for and written acceptances have been provided to the City Engineer or Developer has demonstrated that it has used commercially reasonable efforts to secure such acceptances as set forth in Section 12.1. 8. Foreman or Superintendent. Developer shall give personal attention to the Work. A competent foreman or superintendent with authority to act for and on behalf of Developer shall be named in writing by Developer prior to commencement of the Work, shall be present on the Property during the performance of the Work and may not be changed without advance notification to the City Engineer. 9. Examination of Work. All of the Wark 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 Wark and shall be allowed to examine the Wark and all materials used and to be used in the Work. 10. City Costs; Deposit. Developer shall pay to City the actual costs 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 Fifty Thousand and No/100 Dollars ($50,000.00) ("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 ATTY/AGR/2013.217/IMPROVEMENT AGR 601 MAIN ST REV:11-12-13 VR Page 3 of 24