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3.07 Costs of Escrow and Closing. <br />Developer shall pay all title insurance premiums, and one-half ('/z) of the <br />conveyance and transfer taxes, recording fees, and escrow fees. Agency shall pay one- <br />half ('/z) of the conveyance and transfer taxes, recording fees, and escrow fee. <br />3.08 Payment of Deposit. <br />No later than seven (7) business days following the execution of this <br />Agreement, Developer shall deposit earnest money in the sum of Five Thousand <br />Dollars ($5,000.00) (the "Deposit") in an interest bearing account with Placer Title <br />Company, 801 Davis Street, San Leandro, CA 94577. <br />3.09 Purpose of Deposit. <br />The Parties understand and agree that the failure of the Developer to <br />commence construction of the Improvements within the times provided for in this <br />Part will result in losses or damages to the Agency by reason of lost property tax <br />increment revenue, lost sales tax revenue and the failure to obtain the redevelopment <br />of the Property and that the losses and damages from such failure would be extremely <br />difficult to calculate or estimate; it is for that reason that the Parties have agreed to <br />the provisions of this Article Three of Part On as indi ted by their initials below. <br />AGENCY: C DEVELOPER\k L—J, .,.. <br />3.10' --Draw of Deposit. <br />The Agency shall have the right to draw the Deposit if the Developer breaches <br />the Agreement as set forth in Section 6.04 of this Part prior to close of escrow. <br />3.11 Release of Deposit. <br />A. The Deposit shall be applied to the Purchase Price upon close of escrow <br />if all conditions precedent are satisfied or waived. <br />B. The Deposit shall be immediately returned to Developer in the event <br />this Agreement is terminated because any of the conditions precedent set forth in <br />Article Two of this Part One are not satisfied or waived within the time frame set <br />forth therein. <br />Disposition and Development Page 9 of 30 <br />Agreement - Vanuatu Properties Draft December 4, 1997 <br />