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<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 />Forty Eight Thousand One Hundred and No/100 Dollars ($48,100.00) 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. DEPOSIT FOR PLAN CHECK AND INSPECTION. Owner shall deposit <br /> <br />with City the sum of Thirty Five Thousand Seven Hundred and No/100 Dollars <br /> <br />($35,700.00) ("Deposit"), less all amounts previously paid City by Owner for such <br /> <br />services, to compensate City for all engineering, inspection, plan check, laboratory and <br /> <br />field testing, construction, and other services furnished by City in connection with the <br /> <br />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 />shall be increased by ten percent (10%) in the event payment is not made within such <br /> <br />ten (10) day period. Any part of the Deposit or such additional sum or sums not utilized <br /> <br />by City shall be returned promptly to Owner. <br /> <br />11. IMMUNITY FROM ACTS OF GOD. Owner shall not be in default of any <br /> <br />provision of this Agreement or subject to any penalty hereunder where timely <br /> <br />Atty/Agr/2005.065 <br />083005 <br /> <br />9 <br /> <br />sllibrary/agreementslsubdivision/Subdivision- Toyon Way <br />