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otherwise excavate or perform any other construction on the Tie-back License Area or Tie Back Parcels in a manner that will adversely impact the structural support and integrity of any of the City's improvements and (ii) that all Project improvements shall be designed on a stand-alone basis and shall not rely on the Tie-Back Anchor System or any other improvements located on the Tie Back Parcels. 7. Timing to Install Tie-backs. All work and entry upon or over the Tie-back License Area shall be done under the supervision of Developer. Developer anticipates that the work contemplated by this Agreement for the installation of the Tie-Back Anchor System shall be completed within one year of this Agreement. The time periods set forth in this Section are estimates only. Developer's failure to complete the work described in Section 4 shall in no way whatsoever adversely affect City's and/or Developer's rights and obligations as indicated and granted pursuant to this Agreement. a "As-Built" Drawings. Prior to issuance of a Certificate of Occupancy, Developer shall provide City with "as-built" drawings indicating the actual installed location of the Tie-Back Anchor System and all subterranean encroachments into the Tie-back License Area arising from the work performed under this Agreement. Developer hereby warrants that City may rely on the "as-built" drawings for any future construction that City(or others)may undertake within the Tie-back License Area. 9. Repair and Restoration. If at any time, any ground instability occurs as a result of the Developer's use of the Tie-back License Area, Developer shall, at its sole cost and expense, perform any and all such work as may be necessary to repair or remedy such instability to City's satisfaction. This obligation shall survive termination of this Agreement. 10. Nature of Shoring Licenses. The licenses and permissions granted herein shall commence upon execution of this Agreement and shall continue until the de-tension of the Tie- Back Anchor System is complete in compliance with Section 4 of this Agreement. These licenses and permissions shall not constitute, in any event, an easement or encumbrance against the Tie- back License Area. 11. License Fee. Developer agrees to pay the City a one-time fee in the amount of$5,000 concurrently with the execution of this Agreement to cover the City's plan review and administrative costs to issue and administer this Agreement. The City hereby acknowledges and agrees that no other or separate fee shall be paid to City in connection with this Agreement. 12 Performance Deposit. Within ten (10) days of execution of this Agreement, Developer shall furnish a security, acceptable to the City (e.g. cash or cashier's check), in the amount of twenty-five thousand dollars($25,000)("Performance Deposit")to the City. In the event Developer shall for any reason become unable to, or fail in any way to, perform as required by this Agreement, City may draw upon the Performance Deposit and use such funds to complete the Developer's obligations outlined in this Agreement. Developer shall be responsible for all costs and expenses incurred by the City that exceed the amount of the Performance Deposit. The price charged by the City in performance of Developer's obligations shall be sufficient to reimburse the City for performing such services for the full cost thereof, including labor, material, equipment costs or rentals and a reasonable allowance for overhead. The Performance Deposit shall be returned to the Developer only upon Developer's performance as required by this Agreement and the submission and approval of"as-built" plans. 13 Relationship of Parties. It is understood that the contractual relationship between City, on one part, and Developer, on the other part, is such that the Developer is an independent contractor and not the agent of City. 14. Attorneys' Fees and Costs. If legal action by either party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing party shall be entitled 3