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DES:djk 01/23/97 (022/66) <br /> <br />necessary repair, replacement or reconstruction or perform the <br />necessary work and Owner shall pay to City the actual cost of <br />thereof plus fifteen percent (15%). <br /> <br /> Notwithstanding any provision to the contrary as set forth <br />in this Agreement, Owner shall not be responsible for repair, <br />replacement, or reconstruction of any Improvements, necessitated <br />by Acts of God, acts of third parties (other than Owner, its <br />agents, employees or contractors) beyond Owner's ability to <br />control, civil emergencies, natural disasters, or similar acts or <br />events. <br /> <br /> 9. SECURITY TO INSURE GUARANTEE. Owner agrees, as a <br />condition precedent to City's acceptance of any of the <br />Improvements which are the subject of this Agreement, to furnish <br />and file with the City Clerk a bond or deposit in the amount of <br />One Hundred Sixty-one Thousand and No/100 Dollars ($161,000.00) <br />for all expressly conditioned Improvements to secure Owner's <br />compliance with the provisions of Paragraph $ hereof, for a <br />period of one (1) year after final acceptance of the work done <br />under this Agreement. <br /> <br /> 10. DEPOSIT FOR PLAN CHECK AND INSPECTION. Owner shall <br />deposit with City the sum of Fifty-five Thousand Forty and No/100 <br />Dollars ($55,040.00) ("Deposit"), less all amounts previously <br />paid City by Owner for such services, to compensate City for all <br />engineering, inspection, plan check, laboratory and field <br />testing, construction, and other services furnished by City in <br />connection with the Improvements for the said subdivision. Owner <br />understands that the Deposit is an estimate and further agrees to <br /> <br /> <br />