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<br />in accordance with this requirement to repair, replace, or reconstruct, or should the <br /> <br />exigencies of the case require that repair, replacement, or reconstruction be made <br /> <br />before Owner can be notified, the City may, at its option, make the necessary repair, <br /> <br />replacement, or reconstruction or perform the necessary work, and Owner shall pay to <br /> <br />City the actual cost of thereof plus fifteen (15) percent. <br /> <br />Notwithstanding any provision to the contrary as set forth in this Agreement, <br /> <br />Owner shall not be responsible for repair, replacement, or reconstruction of any <br /> <br />Improvements, necessitated by Acts of God, acts of third parties (other than Owner, its <br /> <br />agents, employees, or contractors) beyond Owner's ability to control, civil emergencies, <br /> <br />natural disasters, or similar acts or events. <br /> <br />8. Security to Insure Guarantee. Owner agrees, as a condition precedent to <br /> <br />City's acceptance of any of the Improvements which are the subject of this Agreement, <br /> <br />to furnish and file with the City Clerk a bond or deposit in the amount of One Hundred <br /> <br />Thirty-six Thousand Five Hundred and No/100 Dollars ($136,500.00) for all expressly <br /> <br />conditioned Improvements to secure Owner's compliance with the provisions of <br /> <br />Paragraph 7 hereof, for a period of one (1) year after final acceptance of the work done <br /> <br />under this Agreement. The bond or deposit may be furnished by Owner or its contractor. <br /> <br />9. Deposit for Plan Check and Inspection. Owner shall deposit with City the <br /> <br />sum of Forty-nine Thousand Two Hundred Thirty and No/100 Dollars ($49,230.00) <br /> <br />("Deposit"), less all amounts previously paid to City by owner for such services, to <br /> <br />compensate City for all engineering, inspection, plan check, laboratory and field testing, <br /> <br />construction, and other services furnished by City in connection with the Improvements. <br /> <br />Owner understands that the Deposit is an estimate and further agrees to pay to City the <br /> <br />actual cost of providing such services, in accordance with the City's current fees. Owner <br /> <br />agrees to complete payment of such additional sum or sums for the services provided by <br /> <br />Agmt-415 <br />F :/SharedlR edwood/Council <br />FXS:djk <br />10/24/00 <br /> <br />6 <br /> <br />'-"'" '1""'""-" <br />