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without delay and without any cost to City, repair or replace or reconstruct any defective 7� �, 13 <br /> or otherwise unsatisfactory part or parts of the Improvements or work. Should Owner fail <br /> to act promptly to make such repair, replacement, or reconstruction, or othervvise to act <br /> in accordance with this requirement to repair, replace, or reconstruct, or should the <br /> exigencies of the case require that repair, replacement, or reconstruction be made <br /> before Owner can be notified, the City may, at its option, make the necessary repair, <br /> replacement, or reconstruction or perform the necessary work, and Owner shall pay to <br /> City the actual cost of thereof plus fifteen (15) percent. <br /> Notwithstanding any provision to the contrary as set forth in this Agreement, <br /> Owner shall not be responsible for repair, replacement, or reconstruction of any <br /> Improvements, necessitated by Acts of God, acts of third parties (other than Owner, its <br /> agents, employees, or contractors) beyond Owner's ability to control, civil emergencies, <br /> natural disasters, or simifar acts or events. <br /> 8. Securitv to Insure Guarantee. Owner agrees, as a condition precedent to <br /> City's acceptance of any of the Improvements which are the subject of this Agreement, <br /> to furnish and file with the City Clerk a bond or deposit in the amount of Fifty Thousand <br /> and No/100 Dollars ($50,000.00) for all expressly conditioned Improvements to secure <br /> Owner's compliance with the provisions of Paragraph 7 hereof, for a period of one (1) <br /> year after final acceptance of the work done under this Agreement. The bond or deposit <br /> may be furnished by Owner or its contractor. <br /> 9. Deposit for Plan Check and Inspection. Owner shall deposit with City the <br /> sum of Forty Thousand and No/100 Dollars ($40,000.00) ("Deposit"), less all amounts <br /> previously paid to City by owner for such services, to compensate City for all <br /> engineering, inspection, plan check, laboratory and field testing, construction, and other <br /> services furnished by City in connection with the Improvements. Owner understands <br /> F:�shared\Redwood\Council 6 <br /> Agmt-375 <br /> FXS:ep <br /> 07/27/00, 08/02/OOR <br /> __._ ..__.. _.... _ <br />