RecDoc 2012-040809 333 Main St RWC LLC

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particular description of the work and Improvements generally described in this Agreement. Said final map, plans and specifications referenced in this parag�aph are hereby incorporated herein and made a part of this Agreement. Upon completion of the aforementioned work, and prior to the release of any security required herein, Owner shall furnish City with a complete set of plans and drawings showing the Improvements in their actual or "as-builY' condition and location. 9. GUARANTEE OF WORKMANSHIP AND MATERIALS. Owner agrees that if, within a period of one (1) year after final acceptance of any work done under this Agreement, the improvements furnished and/or installed or constructed or caused to be constructed by Owner, or any of the work done under this Agreement, fails to fulfill any of the requirements of this Agreement, or the plans and specifications referenced herein, Owner shall upon receipt of a request in writing from City directing the work to be done, without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Improvements or work. Should Owner fail to act promptly to make such repair, replacement or reconstruction, or otherwise to act in accordance with this requirement to repair, replace or reconstruct, or shou{d the exigencies of the case require that repair, repiacement or reconstruction be made before Owner can be notified, the City may, at its option, make the necessary repair, replacement or reconstruction or perform the necessary work and Owner shall pay the City the actual cost thereof plus fifteen percent (15%). Notwithstanding any provisions to the contrary as set forth in this Agreement, Owner shall not be responsible for repair, replacement, or reconstruction of any Improvements, necessitated by Acts of God, acts of third parties (other than Owner, its ATTY/AGR/2072.074/SUBDIVISION IIMPROVEMENT AGREEMENT 333 MAIN STREET REV:VR Ot/30/12 Page 72 of 14