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�1•3��� <br /> this Agreement, or the plans and specifications referenced herein, Owner shall upon receipt of a <br /> request in writing from City directing the work to be done, without delay and without any cost to <br /> City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of <br /> the Improvements or work. Should Owner fail to act promptly to make such repair, replacement <br /> or reconstruction, or otherwise to act in accordance with this requirement to repair, replace or <br /> reconstruct, or should the exigencies of the case require that repair, replacement or <br /> reconstruction be made before Owner can be notified, the City may, at its option, make the <br /> necessary repair, replacement or reconstruction or perform the necessary work and Owner shall <br /> pay the City the actual cost of thereof plus fifteen percent (15%). <br /> Notwithstanding any provisions to the contrary as set forth in this Agreement, Owner <br /> shall not be responsible for repair, replacement, or reconstruction of any Improvements, <br /> necessitated by Acts of God, acts of third parties (other than Owner, its agents, employees or <br /> contractors) beyond Owner's ability to control, civil emergencies, natural disasters, or similar <br /> acts or events. <br /> 9. SECURITY TO INSURE GUARANTEE. Owner agrees, as a condition <br /> precedent to City's acceptance of any of the Improvements which are the subject of this <br /> Agreemenf, to furnish and file with the City Clerk a bond or deposit in the amount of Thirty- <br /> seven Thousand Five Hundred and No/100 Dollars ($37,500.00) for all expressly conditioned <br /> Improvements to secure Owner's compliance with the provisions of Paragraph 8 hereof, for a <br /> period of one (1) year after final acceptance of the work done under this Agreement. <br /> 10. DEPOSIT FOR PLAN CHECK AND INSPECTION. Owner shall deposit with <br /> City the sum of Twenty-one Thousand Four Hundred and No/100 Dollars ($21,400.00) <br /> ("DeposiY'), less all amounts previously paid City by Owner for such services, to compensate <br /> City for all engineering, inspection, plan check, laboratory and field testing, construction, and <br /> other services furnished by City in connection with the Improvements for the said subdivision. <br /> -6- <br /> Agmt-373 <br /> DES:djk <br /> F:/Shared/R edwood/Counci I/Ag m t <br /> 07/25/00 <br /> _ ... ., <br />