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NSW, THEREFORE, in consideration of the mutual promises expressed herein, the <br />parties agree as follows: <br />1. Within 90 days of the date of this Agreement, Segundo shall deposit with <br />the City $3,080 plus applicable California sales tax}, which sum represents the cost to <br />relocate the 5,000-gallon water tank from its present location to a different location on <br />the Rocha property. That location generally is depicted on the attached Exhibit C. "fhe <br />precise location shall be determined by the Director of Community Development with <br />consultation by Rocha and Segundo, <br />2. City shall notify Rocha of its receipt of the Segundo deposit, and within <br />90 days thereof, Rocha shall cause the 5,000-gallon water tank to be relocated. <br />3. When the relocation is completed to Rocha's satisfaction, Rocha shall notify <br />the City, and City shall release the Segundo deposit to Rocha. <br />4. For three years following the City's release of the Segundo deposit to Rocha, <br />Segundo shall pay Rocha any costs Rocha incurs to repair or replace the motor that <br />pumps the water from the Rocha well to the water tank. Rocha shall provide a copy of <br />the invoice to Segundo, and Segundo shall reimburse Rocha within 30 days thereafter. <br />5. The prevailing party in any action brought to enforce or construe the terms of <br />this Agreement may recover from the other party its reasonable costs and attorney's <br />fees expended in connection with such an action. <br />6. This writing constitutes the entire Agreement between the parties. Any <br />modification to the Agreement shall be ire writing and signed by all parties. <br />THIS AGREEMENT executed the date and year first written above. <br />Janny Rocha <br />Phillip Segundo <br />Joanna Segundo <br />2 <br />