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DES:dJk 09/03/97 (0i3/72) <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 tc 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, i%s <br />agents, employees or contractors) beyond Owner's abi[its, to <br />control, civil emergencies, natural disasters, or similar ac~s or <br />events. <br /> <br /> 9. SECURITY TO ~NSURE GUARANTEE. Owner agrees, as a <br />condition precedent to City's acceptance of any of the <br />2mprovements 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 cf Forty Thousand Two 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 witk the improvements for the said subdivision. <br />©wner understands that the Deposit is an est!mate and further <br /> <br /> <br />