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seven dollars and twenty two cents ($37,427 22). The Deposit will be applied towards the <br /> total cost of the Environmental Documents Applicant shall thereafter make payments to <br /> City for the balance of City's costs for preparation of the Environmental Documents within <br /> ten (10) days of the date City submits written invoices to Applicant <br /> Section 2 ComUliance Required Applicant acknowledges that City may require <br /> Applicant to supply data and information to determine whether Applicant's Project may <br /> have a significant effect on the environment, and to assist City and the consultant in <br /> preparing the Environmental Documents Applicant shall promptly comply with all such <br /> requests by City <br /> Section 3 Failure to Comply If, at any time, Applicant unreasonably delays <br /> in failing to provide City with information or data requested pursuant to Section 2 hereof, <br /> such unreasonable delay shall suspend the running of the time periods described in State <br /> CEQA Guidelines sections 15107 and 15108 for the period of such unreasonable delay <br /> Alternatively, Applicant acknowledges and agrees that City may, without liability to <br /> Applicant, disapprove the Project for Applicant's delay in satisfying City's requirements <br /> Section 4 Notices Any notice or other communication required, or which <br /> may be given, pursuant to this Agreement, shall be in writing Any such notice shall be <br /> deemed delivered(i)on the date of delivery in person, (ii)five (5)days after deposit in first <br /> class registered mail, with return receipt requested, (iii) on the actual delivery date if <br /> deposited with an overnight courier,or(iv) on the date sent by facsimile,if confirmed with <br /> a copy sent contemporaneously by first class, certified, registered or express mail, in each <br /> case properly posted and fully prepaid to the appropriate address set forth below, of such <br /> other address as a Party may provide notice in accordance with this section <br /> City Applicant <br /> Brian Desatnik, Director Bryan Avilla <br /> Development Services Department Newland Homes, LLC <br /> 35 Capon Street, Suite 20 3121 Michelson Drive, Suite 110 <br /> Redlands, CA 92373 Irvine, CA 92612 <br /> Section 5 Attorneys' Fees In the event any action is commenced to enforce or <br /> interpret any of the terms or conditions of this Agreement the prevailing Party shall, in <br /> addition to costs and any other relief, be entitled to recovery of its reasonable attorneys' <br /> fees, including fees for use of in-house counsel by the Parties <br /> Section 6 Entire Agreement/Amount This Agreement represents the entire <br /> agreement and understanding between the Parties as to the matters contained herein, and <br /> any prior negotiations, proposals or verbal agreements are superseded by this Agreement <br /> Any amendment to this Agreement shall be in writing, approved by the City Council of <br /> City and signed by City and Applicant <br /> Section 7 Governing Law This Agreement shall be governed by and construed <br /> in accordance with the laws of the State of California <br /> 2 <br />