RecDoc 2012-040809 333 Main St RWC LLC

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agents, employees or contractors) beyond Owner's ability to control, civil emergencies, natural disasters, or similar acts or events. 10. DEPOSIT FOR PLAN CHECK AND INSPECTION. Owner shall deposit with City the sum of Fifty Thousand and No/100 Dollars ($50,000.00) ("DeposiY') to compensate City for all engineering, inspection, plan check, laboratory and field testing, construction, and other services furnished by City in connection with the Improvements for the said subdivision. Owner understands that the Deposit is an estimate and further agrees to pay to City the actual cost of providing such services, in accordance with the City's current fees. Owner agrees to complete payment of such additional sum or sums for the services provided by City, if any, within ten (10) days after billing by City of the additional sum to be paid and agrees that the amount payable shall be increased by ten percent (10%) in the event payment is not made within such ten (10) day period. Any part of the Deposit or such additional sum or sums not utilized by City shall be returned promptly to Owner. 11. IMMUNITY FROM ACTS OF GOD. Owner shall not be in default of any provision of this Agreement or subject to any penalty hereunder where timely performance or timely compliance is prevented by Acts of God, including natural disasters, and/or unusually inclement weather, civil emergencies, inability to obtain materials (except for such inability occasioned by the act, or failure to act, of Owner), change in govemmental regulations, or similar acts which are beyond Owner's reasonable ability to control; however, Owner shall be obligated to perform or comply within a reasonable time after the event or action which precluded Owner from timely performance no longer exists. ATTYIAGRY2012.014/SUBDIVISION IIMPROVEMENT AGREEMENT 333 MAIN STREET REV:VR 01/30I72 Page 13 of 14