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<br />Hundred Ten Thousand and No/100 Dollars ($110,000.00) 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 Fifty-five Thousand Three Hundred Fifty and No/100 Dollars ($55,350.00) <br /> <br />("Deposit"), less all amounts previously paid City by Owner for such services, to compensate <br /> <br />City for all engineering, inspection, plan check, laboratory and field testing, construction, and <br /> <br />other services furnished by City in connection with the Improvements for the said subdivision. <br /> <br />Owner understands that the Deposit is an estimate and further agrees to pay to City the actual <br /> <br />cost of providing such services, in accordance with the City's current fees. Owner agrees to <br /> <br />complete payment of such additional sum or sums for the services provided by City, if any, <br /> <br />within ten (10) days after billing by City of the additional sum to be paid and agrees that the <br /> <br />amount payable shall be increased by ten percent (10%) in the event payment is not made <br /> <br />utilized by City shall be returned promptly to Owner. <br /> <br /> <br />within such ten (10) day period. Any part of the Deposit or such additional sum or sums not <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 />timely compliance is prevented by Acts of God, including natural disasters, and/or unusually <br /> <br />inclement weather, civil emergencies, inability to obtain materials (except for such inability <br /> <br />occasioned by the act, or failure to act, of Owner), change in governmental regulations, or <br /> <br />similar acts which are beyond Owner's reasonable ability to control; however, Owner shall be <br /> <br />obligated to perform or comply within a reasonable time after the event or action which <br /> <br />precluded Owner from timely performance no longer exists. <br /> <br />-7- <br /> <br />Agmt-196 <br />DES:djk <br />F :/Shared/R edwood/Council1 Agmt <br />09/02198 <br /> <br />".... .-..-. .,.--,,--.,."..--.-.'.-"-..- .... ...--..- <br />