RES 09260 - Laserfiche WebLink

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