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<br />City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of <br /> <br />the Improvements or work. <br /> <br />Should Owner fail to act promptly to make such repair, <br /> <br />replacement, or reconstruction, or otherwise to act in accordance with this requirement to <br /> <br />repair, replace, or reconstruct, or should the exigencies of the case require that repair, <br /> <br />replacement, or reconstruction be made before Owner can be notified, the City may, at its <br /> <br />option, make the necessary repair, replacement, or reconstruction or perform the necessary <br /> <br />work, and Owner shall pay to City the actual cost of thereof plus fifteen (15) percent. <br /> <br />Notwithstanding any provision to the contrary as set forth in this Agreement, Owner shall <br /> <br />not be responsible for repair, replacement, or reconstruction of any Improvements, necessitated <br /> <br />by Acts of God, acts of third parties (other than Owner, its agents, employees, or contractors) <br /> <br />beyond Owner's ability to control, civil emergencies, natural disasters, or similar acts or events. <br /> <br />8. Security to Insure Guarantee. Owner agrees, as a condition precedent to City's <br /> <br />acceptance of any of the Improvements which are the subject of this Agreement, to furnish and <br /> <br />file with the City Clerk a bond or deposit in the amount of One Hundred Sixty-four Thousand Six <br /> <br />Hundred and No/100 Dollars ($164,600.00) for all expressly conditioned Improvements to <br /> <br />secure Owner's compliance with the provisions of Paragraph 7 hereof, for a period of one (1) <br /> <br />year after final acceptance of the work done under this Agreement. The bond or deposit shall <br /> <br />be furnished by Owner. <br /> <br />9. Deposit for Plan Check and Inspection. Owner shall deposit with City the sum of <br /> <br />Fifty-five Thousand Eight Hundred and No/100 Dollars ($55,800.00) ("Deposit"), less all <br /> <br />amounts previously paid to City by Owner for such services, to compensate City for all <br /> <br />engineering, inspection, plan check, laboratory and field testing, construction, and other <br /> <br />services furnished by City in connection with the Improvements. Owner understands that the <br /> <br />Deposit is an estimate and further agrees to pay to City the actual cost of providing such <br /> <br />Agmt-447 <br />F:\sh\sh\Redwood\Council <br />FXS:djk <br />02/13/01 <br /> <br />6 <br />