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performance by the Developer. The City reserves the right to draw in whole or in <br />part on any portion of the Plan B Security for the purpose of payment of costs <br />incurred by the City resulting from a default not cured by the Developer within the <br />applicable cure period or Plan B Grace Period after providing the Developer with <br />10 days' prior written notice of its intent to do so. <br />Promptly upon completion of the Plan B Improvements in all material respects as <br />reasonably determined by the City (and in no event more than 30 days after such <br />completion in all material respects), the City shall release any remaining balance of <br />the Plan B Security to Developer. Additionally, upon such completion, the <br />Developer shall deliver to the City a two (2) year maintenance bond in an amount <br />reasonably suitable to ensure the quality of the Work for the Plan B Improvements <br />during such two-year period. <br />D. Fixed Fee <br />In addition to the Plan A Security and Plan B Security, the Developer shall deposit <br />with the City a fixed amount equal to the estimated costs to be incurred by the City <br />for planning, engineering services, inspection, supervision and administration costs <br />as shown on Exhibit E (the "Fixed Fee"). <br />The Fixed Fee shall be deposited with the City by the Developer within three (3) <br />days after the City's execution of this Development Agreement. Upon notification <br />by the City that the Fixed Fee balance has been depleted, the Developer shall submit <br />additional amounts to reimburse any additional charges in cured by the City in <br />connection with the Project. <br />E. Schedule of Work; General Provisions <br />1. The Developer shall submit a written schedule indicating the progress schedule and <br />order of completion of the "Plan A Activities" and the "Plan B Improvements" <br />consistent with the terms of this Development Agreement. It is further agreed that <br />upon receipt of written notice from the Developer of the existence of causes which <br />are not the result of Developer's or its agents', contractors', or subcontractors' <br />negligence or intentional acts, or for which the Developer has no control and which <br />will delay the completion of the Work, the City Council, at its reasonable discretion, <br />may extend the dates herein before specified for completion and that any security <br />required shall be continued by the Developer to cover the Work during this <br />extension of time. It is distinctly understood and agreed that all work covered by <br />this Development Agreement shall be done at no expense to the City except as may <br />be provided in the Project PUD Approvals provided in Exhibit F and incorporated <br />herein by reference. Copies of all bids, change orders, contracts, progress payment <br />verification, suppliers, subcontractors, etc. relating to the Work shall be forwarded <br />to the City Engineer for his or her files. <br />2. The Developer shall not do any work or furnish any materials not covered by the <br />plans and specifications and Project PUD Approvals, for which reimbursement is <br />8 <br />623964v4 <br />