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<br /> DES:djk 06/04/96 (013/70) <br /> 10. DEPOSIT FOR PLAN CHECK AND INSPECTION. Owner shall <br /> deposit with City the sum of Seventy-two Thousand Five Hundred <br /> Twenty and No/lOO Dollars ($72,520.00) ("Deposit") , less all <br /> amounts previously paid City by Owner for such services, to <br /> compensate City for all engineering, inspection, plan check, <br /> laboratory and field testing, construction, and other services <br /> furnished by City in connection with the Improvements for the <br /> said subdivision. Owner understands that the Deposit is an <br /> estimate and further agrees to pay to City the actual cost of <br /> providing such services, in accordance with the City's current <br /> fees. Owner agrees to complete payment of such additional sum or <br /> sums for the services provided by City, if any, within ten (10 ) <br /> days after billing by City of the additional sum to be paid and <br /> agrees that the amount payable shall be increased by ten percent <br /> (10%) in the event payment is not made within such ten (10) day <br /> period. Any part of the Deposit or such additional sum or sums <br /> not utilized by City shall be returned promptly to Owner. <br /> II. IMMUNITY FROM ACTS OF GOD. Owner shall not be in <br /> default of any provision of this Agreement or subject to any <br /> penalty hereunder where timely performance or timely compliance <br /> is prevented by Acts of God, including natural disasters, and/or <br /> unusually inclement weather, civil emergencies, inability to <br /> obtain materials (except for such inability occasioned by the <br /> act, or failure to act, of Owner) , change in governmental <br /> regulations, or similar acts which are beyond Owner's reasonable <br /> ability to control; however, Owner shall be obligated to perform <br /> 9 <br /> ro' <br />