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DES:djk 09/03/97 (013/72) <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 />Two Hundred Fifty-six Thousand Seven Hundred and No/100 Dollars <br />($256,700.00) for all expressly conditioned Improvements to <br />secure Owner's compliance with the provisions of Paragraph 8 <br />hereof, for a period of one (1) year after final acceptance of <br />the work done under this Agreement. <br /> <br /> 10. DEPOSIT FOR PLAN CHECK AND INSPECTION. Owner shall <br /> deposit with City the sum of Forty Thousand r£wo Hundred Fifty and <br /> No/100 Dollars ($40,250.00) ("Deposit") , less all amounts <br /> previously paid City by Owner for such services, to compensate <br /> City for all engineering, inspection, plan check, laboratory and <br /> field testing, construction, and other services furnished by.City <br /> in connection with the Improvements for the said subdivision. <br /> C. wner understands that the Deposit is an estimate and further <br /> <br /> 8 <br /> <br /> <br />