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particular description of the work and Improvements generally described in this <br /> Agreement. Said final map, plans and specifications referenced in this parag�aph 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-builY' 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. Shoufd <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 pertorm 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/AGRl2012.014/SUBDIVISION IIMPROVEMENT AGREEMENT 333 MAIN STREET <br /> REV:VR 01/30/12 <br /> Page 12 of 14 . <br />