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control measures, City is hereby authorized to expend all or any portion of <br />said deposit during construction of any phase of said project, and until the <br />initial acceptance of the final phase of said project. Upon notice by City, <br />and should it become necessary for City to utilize said deposit to correct <br />deficiencies, Subdivider shall pay sufficient monies to City to maintain this <br />cash deposit in full until initial acceptance of the final phase of said project. <br />Any unexpended amount will be returned to the Subdivider at the time all <br />bonds and securities are released for the final phase of said project. <br />(b) Grading Provisions. Subdivider shall retain the services of a soils engineer, <br />registered in the state of California, to perform soils testing during the grading of the <br />Marina Vista project. Said soils engineer shall provide the City's Chief Building <br />Official with the results of said testing on a weekly basis. All grading work shall be <br />done in conformance with the approved plans and specifications for the <br />improvement of the subdivision, and with the grading and erosion control standards <br />of the County of Alameda, the Association of Bay Area Governments (ABAG), and <br />the City of San Leandro. <br />(c) Partial Release of Improvement Security. The City Engineer is hereby authorized to <br />make not more than three (3) partial releases of the Improvement Security provided <br />by Subdivider pursuant to Paragraph 13., hereof. Partial releases shall only be <br />initiated upon written request by Subdivider, and shall be granted at the discretion of <br />the City Engineer. Upon receipt of said request, the City Engineer shall either: 1) <br />deny the request; or 2) determine the cost of the incomplete improvements and <br />TRACT MAP 6533 <br />MARINA VISTA - PHASE 5 <br />SUBDIVISION IMPROVEMENT AGREEMENT <br />C:\MAPS\TM6533\SUBIWAG.DOC <br />17 <br />