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<br />made before Owner can be notified, the City may, at its option, make the necessary <br /> <br />repair, replacement or reconstruction or perform the necessary work and Owner shall <br /> <br />pay the City the actual cost thereof plus fifteen percent (15%). <br /> <br />Notwithstanding any provisions 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 />9. <br /> <br />SECURITY TO INSURE GUARANTEE. <br /> <br />Owner agrees, as a condition <br /> <br />precedent to City's acceptance of any of the Improvements which are the subject of this <br /> <br />Agreement, to furnish and file with the City Clerk a bond or deposit in the amount of <br /> <br />Seven Thousand Seven Hundred and No/100 Dollars ($7,700,00) for all expressly <br /> <br />conditioned Improvements to secure Owner's compliance with the provisions of <br /> <br />Paragraph 8 hereof, for a period of one (1) year after final acceptance of the work done <br /> <br />under this Agreement. <br /> <br />10. <br /> <br />DEPOSIT FOR PLAN CHECK AND INSPECTION. <br /> <br />Owner shall deposit <br /> <br />with City the sum of Seven Thousand One Hundred and No/100 Dollars ($7,100.00) <br /> <br />("Deposit") to compensate City for all engineering, inspection, plan check, laboratory <br /> <br />and field testing, construction, and other services furnished by City in connection with <br /> <br />the Improvements for the said subdivision. Owner understands that the Deposit is an <br /> <br />estimate and further agrees to pay to City the actual cost of providing such services, in <br /> <br />accordance with the City's current fees. Owner agrees to complete payment of such <br /> <br />additional sum or sums for the services provided by City, if any, within ten (10) days <br /> <br />after billing by City of the additional sum to be paid and agrees that the amount payable <br /> <br />Atty/Agr/2005.028 <br />062805 <br /> <br />8 <br /> <br />T lfH <br />