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<br />2. Timin!!: of Pavments. Property Owner shall pay City 25% percent of these fees <br />($35,000) at the time a Certificate of Occupancy is issued for the Project by City. The remaining <br />amount of $105,000 shall be paid to the City over a five-year period (60 months) with interest. <br />The outstanding principal shall accrue interest equal to prime (Bank of America) less 1.5%. The <br />interest rate shall be adjusted every six months. <br /> <br />Property Owner shall make sixty (60) monthly payments which shall be due on the 1 st of each <br />month, beginning with the month following the issuance of the certificate of occupancy. <br /> <br />3. PreDavments Without Penaltv. Property owner reserves the right to prepay all or part <br />of the principal amount without penalty at any time. All payments shall be applied first to the <br />interest due and then applied to the principal due and the remaining amount shall be applied to <br />late charges, if any. <br /> <br />4. Late Pavments. Property Owner shall be assessed a late charge of 4% per calendar <br />month, or fraction thereof, on the amount past due and remaining unpaid. In the event the <br />Property Owner fails to pay the interest on or principal amount when due, the unpaid principal <br />amount, together with accrued interest and late changes, shall become due and payable, at the <br />option of the City, without notice to the Property Owner. Failure of the City to exercise such <br />option shall not constitute a waiver of such default. <br /> <br />5. In-Lieu Parkin!!: Fund. Any payment made by Property Owner pursuant to this <br />Agreement shall be deposited by the City into a special fund which shall be used exclusively for <br />acquiring, developing, and maintaining off-street parking facilities available to the general public <br />within the downtown revitalization district. <br /> <br />6. Notices. All payments, notices, demands and requests required or permitted hereunder <br />shall be in writing and shall be served on the Owners at the following address: <br /> <br />If to the Property Owner: <br /> <br />Peak Property Main Street, LLC <br />Attention: Norman W. Cornett <br />1811 Santa Rita Road, Suite 100 <br />Pleasanton, California 94566 <br /> <br />If to the City: <br /> <br />City of Pleasanton <br />123 Main Street <br />Pleasanton, California 94566 <br /> <br />Any such notices shall be either (a) sent by certified mail, return receipt requested, in which case <br />notice shall be deemed delivered three (3) business days after deposit, postage prepaid in the <br />U.S. Mail, (b) sent by ovemight delivery using a nationally recognized overnight courier, in <br />which case it shall be deemed delivered one (1) business day after deposit with such courier, or <br />(c) sent by personal delivery. The above addresses may be changed by written notice to the other <br />party; provided, however, that no notice of a change of address shall be effective until actual <br />receipt of such notice. <br /> <br />2 <br />