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<br />1O, Deposit for Plan Check and Inspection. Concurrently with the <br /> <br />execution hereof, Irvine shall deposit with City the sum of <br /> <br />Twenty-seven <br /> <br />Thousand Seven Hundred Eighty-two Dollars ($27,782) ("Deposit"), less all <br /> <br />amounts previously paid to City by or on behalf of Irvine for the following: all <br /> <br />engineering, inspection, plan check, laboratory and field testing, construction, <br /> <br />and other services furnished by City in connection with the Street Improvements <br /> <br />and the Development. Irvine understands that the Deposit is an estimate, and <br /> <br />further agrees to pay to City the actual cost of providing such services, in <br /> <br />accordance with the City's current fee schedule therefor. Irvine agrees to pay <br /> <br />such additional sum or sums as may be required for the services provided by <br /> <br />City, within ten (10) days after billing by City for such additional sums and <br /> <br />Deposit or such additional sums not required to compensate City shall be <br /> <br /> <br />agrees that the amount payable shall be increased by ten (10) percent in the <br /> <br />event payment is not made within such ten (10) day period. Any part of the <br /> <br />returned promptly to Irvine. <br /> <br />11, Time Extensions/lmmunitv from Acts of God. Irvine shall not be in <br /> <br />default of any provision of this agreement or subject to any penalty hereunder <br /> <br />where timely performance or timely compliance is prevented by Acts of God, <br /> <br />including natural disasters, <br /> <br />and/or unusually inclement weather, <br /> <br />civil <br /> <br />emergencies, inability to obtain materials (except for such inability occasioned <br /> <br />by the act, or failure to act, of Irvine), change in governmental regulations, or <br /> <br />similar acts which are beyond Irvine's reasonable ability to control; however, <br /> <br />G : \shared\R edwood\Cou nci I <br />Agmt-142 <br />DES:rg <br />03l09/98;O3/13/98R <br />,O4l10I98R; 05/07/98RRR:O6.101/98RRRR <br /> <br />9 <br />