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DES:dj) ~6/10/97 (017/72) <br /> ~6/18/97R <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 />Six Hundred Fifty-seven Thousand One Hundred and No/100 Dollars <br />($657,100.00) 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 One Hundred Forty-nine Thousand <br /> Three Hundred and No/100 Dollars ($149,300.00) ("Deposit"), less <br /> all amounts previously paid City by Owner for such services, to <br /> compensate City for all engineering, inspection, plan check, <br /> laboratory and field testing, construction, and other services <br /> furnished by City in connection with the Improvements for the <br /> said subdivision. Owner understands that the Deposit is an <br /> <br /> 8 <br /> <br /> <br />