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<br />this Agreement, or the plans and specifications referenced herein, Owner shall upon receipt of <br /> <br />a request in writing from City directing the work to be done, without delay and without any cost <br /> <br />to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts <br /> <br />of the Improvements or work. <br /> <br />Should Owner fail to act promptly to make such repair, <br /> <br />replacement or reconstruction, or otherwise to act in accordance with this requirement to <br /> <br />repair, replace or reconstruct, or should the exigencies of the case require that repair, <br /> <br />replacement or reconstruction be made before Owner can be notified, the City may, at its <br /> <br />option, make the necessary repair, replacement or reconstruction or perform the necessary <br /> <br />work and Owner shall pay the City the actual cost of thereof plus fifteen percent (15%). <br /> <br />Notwithstanding any provisions to the contrary as set forth in this Agreement, Owner <br /> <br />shall not be responsible for repair, replacement, or reconstruction of any Improvements, <br /> <br />9. <br /> <br />SECURITY TO INSURE GUARANTEE. <br /> <br />Owner agrees, as a condition <br /> <br /> <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 />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 Ten <br /> <br />Thousand and No/100 Dollars ($10,000.00) for all expressly conditioned Improvements to <br /> <br />secure Owner's compliance with the provisions of Paragraph 8 hereof, for a period of one (1) <br /> <br />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 Eight Thousand Seven Hundred and No/100 Dollars ($8,700.00) ("Deposit"), <br /> <br />less all amounts previously paid City by Owner for such services, to compensate City for all <br /> <br />engineering, inspection, plan check, laboratory and field testing, construction, and other <br /> <br />services furnished by City in connection with the Improvements for the said subdivision. <br /> <br />-6- <br /> <br />Agreement - Valota Estates <br />11/7/97 <br />