RecDoc 2014-043259 Improvement Agmt 525 Middlefield Rd

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e that the Deposit is an estimate and further agrees to pay to City the actual cost of providing such services, in accordance with the City's current fees and/or fee schedules. Developer agrees to complete payment of such additional sum or sums for the services provided by City,if any,within ten(10)business 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 payxnent is not made within such ten(10)business day period.Upon City's acceptance of the Improvements, any part of the Deposit or such additional sum or sums not utilized by City shall be returned promptly to Developer. At the 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 Work in accordance with the Improvement Plans and the terms and conditions of this Agreement, (b) repairs any private or gublic property damaged as a result of the Work 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 or 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 Accentance. 12.1 Norice of Com lp etion. Within thirty (30) days of receipt of Developer's written notification pursuant to Section 11 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 discrerion, in accordance with the Improvement Plan and conditions of this Agreement, and whether the written acceptances have been provided(if available). If the Work 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 Work and repairs complete and satisfactory.Upon satisfactory completion of the Work and repairs and submittal of written acceptances (if applicable and available), the Ciry 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 demonstrates it has made commercially reasonable efforts to obtain such acceptances. The City Engineer's failure to respond to Developer's written notification within thirry(30) days will not be deemed a breach or default under this Agreement. 12.2 Accentance of Improvements. After sending Developer a written notice of satisfactory completion 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 Ciry Engineer shall promptly record a notice of accepta.nce of public improvements, in a form to be approved by the City Attorney,in the Official Records of San Mateo County. 13. Performance,I,abor and Materials and Warran SecuritX. 13.1 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 issued by a surety company duly and regularly authorized to do general surety business REV:03-31-14 VR Page 4 of 21 ATTY/AGR.2014.045/Indigo 525 Middlefield - Improvement Agreement