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<br /> DES:djk "1/01/95 (022/66) <br />necessary repair, replacement or reconstruction or perform the <br />necessary work and Owner shall pay to City the actual cost of <br />thereof plus fifteen percent (15%). <br /> Notwithstanding any provision to the contrary as set forth <br />in this Agreement, Owner shall not be responsible for repair, <br />replacement, or reconstruction of any Improvements, necessitated <br />by Acts of God, acts of third parties (other than Owner, its <br />agents, employees or contractors) beyond Owner's ability to <br />control, civil emergencies, natural disasters, or similar acts or <br />events. <br /> 9. SECURITY TO INSURE GUARANTEE. Owner agrees, as a <br />condition precedent to City's acceptance of any of the <br />Improvements which are the subject of this agreement, to furnish <br />and file with the City Clerk a bond or deposit in the amount of <br />Two Hundred Thirty Thousand Two Hundred and No/IOO Dollars <br />($230,200.00) for all expressly conditioned Improvements to <br />secure Owner's compliance with the provisions of Paragraph 8 <br />hereof, for a period of one (1) year after final acceptance of <br />the work done under this agreement. <br /> 10. DEPOSIT FOR PLAN CHECK AND INSPECTION. Owner shall <br />deposit with City the sum of Sixty-eight Thousand Two Hundred and <br />No/100 Dollars ($68,200.00) ("Deposi t") , less all amounts <br />previously paid City by Owner for such services, to compensate <br />City for all engineering, inspection, plan check, laboratory and <br />field testing, construction, and other services furnished by City <br />in connection with the Improvements for the said subdivision. <br />Owner understands that the Deposit is an estimate and further <br /> 8 <br /> . ----.,,' T- <br />