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• that they shall diligently pursue and make any and all modifications to the as-built condition of their residence in order to comply with the final decision from the design review process. This may include, but not be limited to, modifying the as-built condition to meet the Architectural Design Committee's original approval, as described in Exhibit B, and changes in grading or landscaping to address encroachment or drainage issues. The City's Director of Community Development, or his or her designee, shall reasonably determine when any required modification is completed. Failure to timely and diligently pursue and to make any and all modifications to the as-built condition, as required by a final decision from the design review process, shall be a default under this Agreement. 3. Temporary Certificate of Occupancy. Upon the Reddys deposit of the financial guaranty described in Section 4, below, the City shall endeavor to issue to the Reddys a temporary certificate of occupancy for their residence on the Property within two business days, pursuant to Pleasanton Municipal Code section 20.04.015 (Pleasanton Building Administrative Code amendments), Section 309A.4 (Temporary Certificate of Occupancy), upon determination by the City's Building and Safety Division that the residence may be safely occupied. (a) Upon issuance, the Reddys shall post the temporary certificate of occupancy on their residence, as required by the Pleasanton Municipal Code. (b)The Reddys acknowledge that any default under this Agreement is a basis for the City to suspend or revoke the temporary certificate of occupancy, as allowed by Pleasanton Municipal Code section 20.04.015, Section 309A.6 (Revocation). Upon suspension or revocation of the temporary certificate of occupancy, the Reddys acknowledge that they shall vacate their residence on the Property. 4. Financial Guaranty. a) As consideration for the City's issuance of the temporary certificate of occupancy, the Reddys shall deposit with the City a cash deposit of One Hundred Thousand Dollars ($100,000)which represents the estimated cost to modify the as-built condition of the Reddy residence to the Architectural Design Committee's originally approved design, as described in Exhibit B. As of June 28, 2013, the Reddys have deposited with the City the sum of Seventy Five Thousand Dollars ($75,000). The Reddys shall pay the remaining balance in five equal installments of Five Thousand Dollars 5