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<br />otherwise to act in accordance with this requirement to repair, replace or reconstruct, or <br /> <br />should the exigencies of the case require that repair, replacement or reconstruction be <br /> <br />made before Owner can be notified, the City may, at its option, make the necessary <br /> <br />repair, replacement or reconstruction or perform the necessary work and Owner shall <br /> <br />pay the City the actual cost thereof plus fifteen percent (15%). <br /> <br />Notwithstanding any provisions to the contrary as set forth in this Agreement, <br /> <br />Owner shall not be responsible for repair, replacement, or reconstruction of any <br /> <br />Improvements, necessitated by Acts of God, acts of third parties (other than Owner, its <br /> <br />agents, employees or contractors) beyond Owner's ability to control, civil emergencies, <br /> <br />natural disasters, or similar acts or events. <br /> <br />9. SECURITY TO INSURE GUARANTEE. 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 <br /> <br />Eleven Thousand Three Hundred Eighty and No/100 Dollars ($11,380.00) for all <br /> <br />expressly conditioned Improvements to secure Owner's compliance with the provisions <br /> <br />of Paragraph 8 hereof, for a period of one (1) year after final acceptance of the work <br /> <br />done under this Agreement. <br /> <br />10. DEPOSIT FOR PLAN CHECK AND INSPECTION. Owner shall deposit <br /> <br />with City the sum of Nine Thousand Three Hundred Fifty and No/100 Dollars <br /> <br />($9,350.00) ("Deposit") to compensate City for all engineering, inspection, plan check, <br /> <br />laboratory and field testing, construction, and other services furnished by City in <br /> <br />connection with the Improvements for the said subdivision. Owner understands that the <br /> <br />Deposit is an estimate and further agrees to pay to City the actual cost of providing <br /> <br />such services, in accordance with the City's current fees. Owner agrees to complete <br /> <br />Atty/Agr/2008.102 <br />101608 <br /> <br />8 <br />