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expressly conditioned Improvements to secure Owner's compliance with the provisions of <br />Paragraph 8 hereof, for a period of one (1) year after final acceptance of the work done ~under <br />this Agreement. <br /> <br /> 10. DEPOSIT FOR PLAN CHECK AND INSPECTION. Owner shall deposit with <br />City the sum of Seventy-three Thousand Three Hundred and No/100 Dollars ($73,300.00) <br />("Deposit"), less all amounts previously paid City by Owner for such services, to compensate <br />City for all engineering, inspection, plan check, laboratory and field testing, construction, and <br />other services furnished by City in connection with the Improvements for the said subdivision. <br />Owner understands that the Deposit is an estimate and further agrees to pay to City the actual <br />cost of providing such services, in accordance with the City's current fees. Owner agrees to <br />complete payment of such additional sum or sums for the services provided by City, if any, <br />within ten (10) days after billing by City of the additional sum to be paid and agrees that the <br />amount payable shall be increased by ten percent (10%) in the event payment is not made <br />within such ten (10) day period. Any part of the Deposit or such additional sum or sums not <br />utilized by City shall be returned promptly to Owner. <br /> <br /> 11. IMMUNITY FROMACTSOFGOD. Owner shall not be in default of any <br />provision of this Agreement or subject to any penalty hereunder where timely performance or <br />timely compliance is prevented by Acts of God, including natural disasters, and/or unusually <br />inclement weather, civil emergencies, inability to obtain materials (except for such inability <br />occasioned by the act, or failure to act, of Owner), change in governmental regulations, or <br />similar acts which are beyond Owner's reasonable ability to control; however, Owner shall be <br />obligated to perform or comply within a reasonable time after the event or action which <br />precluded Owner from timely performance no longer exists. <br /> <br /> -7- <br /> Agmt-201 <br /> DES:djk <br /> F:/Shared/Redwood/Council/Agmt <br /> 09/15/98 <br /> 09/21/98R <br /> <br /> <br />