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<br />necessitated by Acts of God, acts of third parties (other than Owner, its agents, employees or <br /> <br />contractors) beyond Owner's ability to control, civil emergencies, natural disasters, or similar <br /> <br />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 Seven <br /> <br />Hundred Eighty Thousand and No/100 Dollars ($780,000,00) for all expressly conditioned <br /> <br />Improvements to secure Owner's compliance with the provisions of Paragraph 8 hereof, for a <br /> <br />period of one (1) year after final acceptance of the work done under this Agreement. <br /> <br />10. <br /> <br />DEPOSIT FOR PLAN CHECK AND INSPECTION. <br /> <br />Owner shall deposit with <br /> <br />City the sum of Three Hundred Fifteen Thousand Two Hundred and No/100 Dollars <br /> <br />($315,200.00) ("Deposit"), less all amounts previously paid 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 for the <br /> <br />said subdivision, Owner understands that the Deposit is an estimate and further agrees to pay <br /> <br />to City the actual cost of providing such services, in accordance with the City's current fees, <br /> <br />Owner agrees to complete payment of such additional sum or sums for the services provided <br /> <br />by City, if any, within ten (10) days after billing by City of the additional sum to be paid and <br /> <br />agrees that the amount payable shall be increased by ten percent (10%) in the event payment <br /> <br />is not made within such ten (10) day period. Any part of the Deposit or such additional sum or <br /> <br />sums not utilized by City shall be returned promptly to Owner, <br /> <br />11. <br /> <br />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 performance or <br /> <br />-7- <br /> <br />SH/RWC/Council <br />Agmt-360 <br />06/05/00 <br />06/09/00R <br />FXS/fs <br /> <br />IIIIIIIIIII!IIIIIIIIIIII 1111I11111111111111111111111111 <br /> <br />2000-089117 <br />07/21/2000 08 55R <br />RG Page: 8 of 13 <br />