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����y that the Deposit is an estimate and further agrees to pay to City the actual cost of <br /> providing such services, in accordance with the City's current fees. Owner agrees to <br /> complete payment of such additional sum or sums for the services provided by City, if <br /> any, within ten (10) days after billing by City of the additional sum to be paid and agrees <br /> that the amount payable shall be increased by ten (10) percent in the event payment is <br /> not made within such ten (10) day period. Any part of the Deposit or such additional <br /> sum or sums not utilized by City shall be retumed promptly to Owner. <br /> 10. Reimbursement for Redwood Shores Riaht-Turn Lane Construction. <br /> The City and Owner agreed that the City will include in the Redwood Shores Parkway <br /> widening project the construction of the right-turn lane to the Spieker Properties Site. <br /> For the purpose of reimbursing the City the construction cost of the right-turn lane, <br /> developer shall deposit Thirty Five Thousand and No/100 Dollars ($35,000.000) in cash. <br /> The final accounting shall be based on the actual construction and design cost of the <br /> work and it will be determined at the completion of the project. If the construction cost <br /> exceeds $35,000.00 additional monies shall be paid to the City by the developer. tf it is <br /> less than $35,000.00 the City shall reimburse the developer the difference between the <br /> actual cost and the deposited $35,000.00. <br /> 11. Time Extensions/Immunitv from Acts of God. Owner shall not be in <br /> default of any ,provision of this Agreement or subject to any penalty hereunder where <br /> timely performance or timely compliance is prevented by Acts of God, including natural <br /> disasters, and/or unusually inclement weather, civil emergencies, inability to obtain <br /> materials (except for such inability occasioned by the act, or failure to act, of Owner), <br /> change in governmental regulations, or similar acts which are beyond Owner's <br /> reasonable abifity to control; however, Owner shall be obligated to perform or comply <br /> F:�.shared�Redwood�Council 7 <br /> Agmt-375 <br /> FXS:ep <br /> 07l27/00, 08/02/OOR <br />