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DES:d~~- 03/10/97 (013/72) <br />· . , _ DES:d>_ 03/12/97R <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 Five Hundred and No/100 Dollars <br /> ($256,500.00) 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 Seventy-three Thousand Two and <br /> No/100 Dollars ($73,200.00) ("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 /> Owner understands that the Deposit is an estimate and further <br /> <br /> 8 <br /> <br /> <br />