08 - Laserfiche WebLink

5. Grant of Right of Entry. The Reddys grant the City, including its officers, employees and agents, permission to enter onto their Property to undertake any modifications to the as-built condition of their residence to comply with the final design review decision, as well as correct encroachment and drainage issues, impacting the adjacent property, if the Reddys fail to make or diligently pursue such modifications themselves as provided in Section 4, above. The City or its agents shall provide the Reddys with 24 hour notice in advance of any such entry by posting notice on the Property. 6. Completion of Modifications. As the Reddys complete the modifications to the as-built condition of their residence—in order to comply with the final design review decision, and grading and drainage determinations—, the City's Director of Community Development, or his or her designee, may provide for the release of an appropriate portion of the cash deposit. The Reddys may submit invoices, inspection records, and other relevant information to assist the Director of Community Development or his or her designee in making a decision regarding release of funds. Upon completion of all modifications undertaken to comply with the City's final design review decision, as determined by the Director of Community Development, or his or her designee, the City shall issue the Reddys a permanent certificate of occupancy. 7. Notices. Except as provided in Section 5, above, all notices required or contemplated by this Agreement shall be in writing and shall be personally delivered or mailed to the respective party as set forth in this Section. Communications shall be deemed to be effective upon the first to occur of: (a) actual receipt by a Party; or(b) actual receipt at the address designated below; or(c)three working days following its deposit in the U.S. Mail, if sent via registered or certified mail to the address designated below. TO: City To: Reddys 123 Main Street, P. O. Box 520 3737 West Ruby Hill Drive Pleasanton, CA 94566 Pleasanton, CA Attn: Director of Community Dev. Attn: Anil Reddy 8. Severability. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held, by a court of competent jurisdiction, to be invalid or unenforceable, the Agreement shall be construed as not containing that term. The remainder of this Agreement shall remain in full force and effect; provided, however, this paragraph shall not be applied to the extent that it would result in a frustration of the Parties' intent under this Agreement.