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6.1. B. - Page 17 <br />particular description of the work and Improvements generally described in this <br />Agreement. Said final map, plans and specifications referenced in this paragraph are <br />hereby incorporated herein and made a part of this Agreement. Upon completion of the <br />aforementioned work, and prior to the release of any security required herein, Owner <br />shall furnish City with a complete set of plans and drawings showing the Improvements <br />in their actual or "as- built" condition and location. <br />9. GUARANTEE OF WORKMANSHIP AND MATERIALS. Owner agrees <br />that if, within a period of one (1) year after final acceptance of any work done under this <br />Agreement, the improvements furnished and /or installed or constructed or caused to be <br />constructed by Owner, or any of the work done under this Agreement, fails to fulfill any <br />of the requirements of this Agreement, or the plans and specifications referenced <br />herein, Owner shall upon receipt of a request in writing from City directing the work to <br />be done, without delay and without any cost to City, repair or replace or reconstruct any <br />defective or otherwise unsatisfactory part or parts of the Improvements or work. Should <br />Owner fail to act promptly to make such repair, replacement or reconstruction, or <br />otherwise to act in accordance with this requirement to repair, replace or reconstruct, or <br />should the exigencies of the case require that repair, replacement or reconstruction be <br />made before Owner can be notified, the City may, at its option, make the necessary <br />repair, replacement or reconstruction or perform the necessary work and Owner shall <br />pay the City the actual cost thereof plus fifteen percent (15 %). <br />Notwithstanding any provisions to the contrary as set forth in this Agreement, <br />Owner shall not be responsible for repair, replacement, or reconstruction of any <br />Improvements, necessitated by Acts of God, acts of third parties (other than Owner, its <br />ATTY /AGR/2012.014 /SUBDIVISION (IMPROVEMENT AGREEMENT 333 MAIN STREET <br />REV:VR 01/30/12 <br />Page 12 of 14 <br />