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incurred shall not be subject to reimbursement, regardless of whether the Cost Cap has been met or not. I. Developer has deposited with City the amount of Fifty Thousand Dollars ($50,000.00) (the "Initial Deposit") to provide initial funding for the Services to be provided by the City Manager's Office, City Attorney's Office, Planning and Building Agency and Public Works Agency. This amount shall be applied to Services received from the aforementioned City Agencies. J. City shall provide Developer with a monthly statement of draws against the Initial Deposit described in Section 3.G. above, accompanied by invoices, time records, or other reasonable back-up therefor. K. It is understood and agreed that the City has begun work on the Project prior to execution and delivery of this Agreement. The fees, if any, incurred by the City in connection with the Project prior to such execution and delivery will be subject to reimbursement pursuant to this Agreement upon execution and delivery of this Agreement by all parties and the Initial Deposit of funds made by Developer pursuant to Section 3.G. 4. Deposit A. At any time that City determines in good faith that the sums then held in any deposits made pursuant to Section 3.G. above are inadequate to pay for the projected Services to be paid from such deposit over the succeeding two (2) month period (and subject to the Cost Cap), Developer shall replenish the relevant deposit with the amount requested by City in writing, which additional deposit amount for each such request shall not exceed Twenty -Five Thousand Dollars ($25,000) or such lesser amount as would cause the total of all deposits made by Developer to exceed the Cost Cap, within ten (10) business days of such written request. B. Should any deposit not be replenished in the time and amount specified as set forth in Section 4.A., the City may direct that all Services to be paid from the deposit applicable to such Services be halted until such time as such applicable deposit is replenished. C. All deposits, including the Initial Deposit, will be placed in a non-interest bearing trust account. Developer understands and agrees that City will not pay interest to Developer on the deposits, and Developer will not seek interest payments from City. D. No later than forty (40) days after the earliest to occur of: (1) final action is taken by City on the Project approving the Annexation, (2) Developer notifies the City in writing of its withdrawal of the Project applications, or (3) the Project is otherwise abandoned, City will provide Developer with a final accounting of costs and expenses for the Services provided, accompanied by invoices, time records or other reasonable back- up therefor, subject to Developer's right to review and reasonably approve or disapprove of same. If Developer disapproves any fee or cost, such disapproval shall not be automatically binding on the City, unless such cost or expense from City is manifestly 3651962803 3