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<br /> DES:djk 08 5/94 (025/63) <br /> DES:dft 8/.:S0/94R <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 Seventy-six Thousand and No/lOO Dollars ($276,OOO.OO) W <br />for all expressly conditioned Improvements to Owner's A <br /> secure <br /> - <br />compliance with the provisions of Paragraph 8 hereof, for 0') <br /> a <br /> - <br />period of (1) after final acceptance of the work done C <br /> one year t.C <br />under this agreement. cr <br /> 10. DEPOSIT FOR PLAN CHECK AND INSPECTION. Owner shall <br />deposit with City the sum of Seventy-six Thousand Eight Hundred <br />Ninety and No/100 Dollars ($76,890.00) ("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 /> 8 <br /> - <br />