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<br />9. <br /> <br />SECURITY TO INSURE GUARANTEE. <br /> <br />Owners 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 />Twelve Thousand Three Hundred and No/100 Dollars ($12,300,00) 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 />Owners <br /> <br />shall <br /> <br />deposit with City the sum of Nine Thousand Eight Hundred Fifty and No/100 Dollars <br /> <br />($9,850.00) ("Deposit") to compensate City for all engineering, inspection, plan check, <br /> <br />laboratory and field testing, construction, and other services furnished by City in <br /> <br />connection with the Improvements for the said subdivision. Owners understand that the <br /> <br />Deposit is an estimate and further agrees to pay to City the actual cost of providing <br /> <br />such services, in accordance with the City's current fees. Owners agrees to complete <br /> <br />payment of such additional sum or sums for the services provided by City, if any, within <br /> <br />ten (10) days after billing by City of the additional sum to be paid and agrees that the <br /> <br />amount payable shall be increased by ten percent (10%) in the event payment is not <br /> <br />made within such ten (10) day period. Any part of the Deposit or such additional sum <br /> <br />or sums not utilized by City shall be returned promptly to Owners. <br /> <br />11. <br /> <br />IMMUNITY FROM ACTS OF GOD. <br /> <br />Owners shall not be in default of <br /> <br />any provision of this Agreement or subject to any penalty hereunder where timely <br /> <br />performance or timely compliance is prevented by Acts of God, including natural <br /> <br />disasters, and/or unusually inclement weather, civil emergencies, inability to obtain <br /> <br />materials (except for such inability occasioned by the act, or failure to act, of Owners), <br /> <br />Atty/Agr/2005.070 <br />091205 <br /> <br />8 <br />