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($5,000) each week, commencing July 5, 2013, until the full One Hundred <br /> Thousand Dollars ($100,000)deposit is lodged with the City. While held by <br /> the City, the Reddys' deposit shall earn simple interest at the Local Agency <br /> Investment Fund rate (seehtto://www.treasurer.ca.aov/amia-laif/laif- <br /> orogram.asp)and shall be credited for such interest earned. <br /> b) If the final design review decision modifies the items listed in Exhibit B, the <br /> Reddys and the City shall review the list to determine if: (i) more items need <br /> to be added and addition cash deposit made; or(ii) items may be removed <br /> and the cash deposit reduced accordingly. The amount needed for the cash <br /> deposit shall be determined in the reasonable discretion of the Director of <br /> Community Development or his or her designee. <br /> c) The Reddys grant permission to the City to withdraw funds from this cash <br /> deposit to pay for any modifications to the as-built condition of their residence <br /> to comply with the final design review decision, as well as encroachment and <br /> drainage issues impacting adjacent property, if the Reddys fail to commence <br /> or diligently pursue such modifications themselves within twenty(20) <br /> business days of the design review decision becoming final. After such <br /> failure, City shall provide the Reddys with five (5) business days' notice of the <br /> City's intent to draw down the cash deposit and commence the required <br /> modifications. The City shall maintain and make available for inspection by <br /> the Reddys copies of any receipts for work undertaken by the City or its <br /> agents pursuant to this provision. <br /> d) In the event that: 1)the Reddys fail to pursue or complete modifications tothe <br /> as-built condition of their residence to comply with the final design review <br /> decision, 2)City is compelled to cause such modifications to be made, and 3) <br /> the cash deposit is not sufficient to cover the costs of such modifications, then <br /> the Reddys shall within thirty(30)days of invoicing reimburse the City for <br /> such additional costs. In the event the Reddys do not timely pay such sum <br /> owing for such additional costs, the Reddys by entering into this Agreement <br /> specifically consent to City: 1)assessing an additional thirty percent late <br /> penalty and submitting collection of the entire sum due, i.e. additional costs of <br /> modifications plus the thirty percent penalty, to a collections agency to pursue <br /> collection; 2)collecting the sum owed through a lien on the property tax rolls; <br /> or 3) pursuing any and all equitable and legal remedies available to it. (The <br /> Reddys agree to recordation of this Agreement in the chain of title for the <br /> Property in order to ensure that item 2 above can be implemented should <br /> circumstances so warrant.) <br /> 6 <br />