Agmt09 The Preserve Townhomes - Laserfiche WebLink

Browse Search

" Notwithstanding any provisions to the contrary as set forth in this Agreement, Owner shall not be responsible for repair, replacement, or reconstruction of any Improvements, necessitated by Acts of God, acts of third parties (other than Owner, its agents, employees or contractors) beyond Owner's ability to control, civil emergencies, natural disasters, or similar acts or events. 9. SECURITY TO INSURE GUARANTEE. Owner agrees, as a condition precedent to City's acceptance of any of the Improvements which are the subject of this Agreement, to furnish and file with the City Clerk a bond or deposit in the amount of One hundred ninety three thousand six hundred eighty one and 00/100 Dollars ($193,681.00) for all expressly conditioned Improvements to secure Owner's compliance with the provisions of Paragraph 8 hereof, for a period of one (1) year after final acceptance of the work done under this Agreement. 10. DEPOSIT FOR PLAN CHECK AND INSPECTION. Owner previously deposited with City the sum of One hundred twenty six thousand three hundred and 00/100 Dollars ($126,300.00) ("Deposit") to compensate City for all engineering, inspection, plan check, laboratory and field testing, construction, and other services furnished by City in connection with the Improvements for the said subdivision. Owner understands that the Deposit is an estimate and further agrees to pay to City the actual cost of providing such services, in accordance with the City's current fees. Owner agrees to complete payment of such additional sum or sums for the services provided by City, if any, within ten (10) days after billing by City of the additional sum to be paid and agrees that the amount payable shall be increased by ten percent (10%) in the event payment is not made within such ten (10) day period. Any part of the Deposit or such additional sum or sums not utilized by City shall be returned promptly to Owner. A TTY IAGR/2009.032 071309 8