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<br />DES:djk: 04/16/96 <br /> <br />(004/70) <br /> <br />10. <br /> <br />DEPOSIT FOR PLAN CHECK AND <br /> <br />INSPECTION. <br /> <br />Owner <br /> <br />shall <br /> <br />deposit with City the sum of Six Thousand One Hundred Ten and <br /> <br />No/100 <br /> <br />Dollars <br /> <br />($6,110.00) <br /> <br />("Deposit") , <br /> <br />less <br /> <br />all <br /> <br />amounts <br /> <br />previously paid City by Owner for such services, to compensate <br /> <br />City for all engineering, inspection, plan check, laboratory and <br /> <br />field testing, construction, and other services furnished by City <br /> <br />in connection with the Improvements <br /> <br />for the said subdivision. <br /> <br />Owner understands that the Deposit is an estimate and further <br /> <br />agrees to pay to City the actual cost of providing such services, <br /> <br />in accordance with the City's current <br /> <br />fees. <br /> <br />Owner agrees <br /> <br />to <br /> <br />complete payment of such additional sum or sums for the services <br /> <br />provided by City, if any, within ten (10) days after billing by <br /> <br />City of the additional sum to be paid and agrees that the amount <br /> <br />payable shall be <br /> <br />increased by ten percent <br /> <br />(10%) <br /> <br />in the event <br /> <br />payment is not made within such ten (10) day period. <br /> <br />Any part of <br /> <br /> <br />the Deposit or such additional sum or sums not utilized by City <br /> <br />shall be returned promptly to Owner. <br /> <br />11. <br /> <br />IMMUNITY FROM ACTS <br /> <br />OF <br /> <br />GOD. <br /> <br />Owner <br /> <br />shall <br /> <br />not be <br /> <br />in <br /> <br />defaul t of any provision of this Agreement or subject to any <br /> <br />penalty hereunder where timely performance or timely compliance <br /> <br />is prevented by Acts of God, including natural disasters, and/or <br /> <br />unusually <br /> <br />inclement <br /> <br />weather, <br /> <br />civil <br /> <br />emergencies, <br /> <br />inability <br /> <br />to <br /> <br />obtain materials <br /> <br />(except <br /> <br />for such inability occasioned by the <br /> <br />act, <br /> <br />or <br /> <br />failure <br /> <br />to <br /> <br />act, <br /> <br />of <br /> <br />Owner) , <br /> <br />change <br /> <br />in <br /> <br />governmental <br /> <br />regulations, or similar acts which are beyond Owner's reasonable <br /> <br />ability to control; however, Owner shall be obligated to perform <br /> <br />or comply wi thin a reasonable time after the event or action <br /> <br />which precluded Owner from timely performance no longer exists. <br /> <br />8 <br /> <br />^< r <br />