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<br />Two Hundred Ten Thousand and No/100 Dollars ($210,000.00) 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 />under this Agreement. <br /> <br />10. <br /> <br />DEPOSIT FOR PLAN CHECK AND INSPECTION. <br /> <br />Owner <br /> <br />shall, <br /> <br />before the release of said final map by City for recordation, deposit with City the sum of <br />Sixty-four Thousand Three Hundred Fifty and No/100 Dollars ($64,350.00) ("Deposit"), <br /> <br />less all amounts previously paid City by Owner for such services, to compensate City <br />for all engineering, inspection, plan check, laboratory and field testing, construction, <br /> <br />and other services furnished by City in connection with the Improvements for the said <br />subdivision. Owner understands that the Deposit is an estimate and further agrees to <br /> <br />pay to City the actual cost of providing such services, in accordance with the City's <br />current fees. Owner agrees to complete payment of such additional sum or sums for <br /> <br />the services provided by City, if any, within ten (10) days after billing by City of the <br />additional sum to be paid and agrees that the amount payable shall be increased by <br /> <br />ten percent (10%) in the event payment is not made within such ten (10) day period. <br />Any part of the Deposit or such additional sum or sums not utilized by City shall be <br /> <br />returned promptly to Owner. <br /> <br />11. <br /> <br />FORCE MAJEURE. <br /> <br />Owner shall not be in default of any provision <br /> <br />of this Agreement or subject to any penalty hereunder where timely performance or <br />timely compliance is prevented by Acts of God, including natural disasters, and/or <br /> <br />unusually inclement weather, civil emergencies, inability to obtain materials (except for <br /> <br />such inability occasioned by the act, or failure to act, of Owner), change in <br />governmental regulations, fire or other casualty or similar acts which are beyond <br /> <br />Owner's reasonable ability to control; however, Owner shall be obligated to perform or <br /> <br />Agmt-357 <br />AKldjk <br />F :/5hared/Redwood/Cou ncil <br />5/22/00 5/31/00R <br /> <br />7 <br /> <br />1111111111111111111111 11111111111111111111111111111 I11I <br /> <br />2000-075923 <br />06/21/2000 02:54P <br />~G Page: 8 of 14 <br />