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<br />. <br /> <br />. <br /> <br />. <br /> <br />M,y-IT-l004 15:39 <br /> <br />From-PETERSON FRAM BERGMAN <br /> <br />6511/BlT5l <br /> <br />T-I/4 P.009/015 F-T9i <br /> <br />F. <br /> <br />Comply with other obligations for the AH Reuse Area access as may be <br />imposed by the federal government. <br /> <br />6.0 City Costs. Subject to the provisions of Section 6.0.(C), Developer ~;hall <br />reimburse the City for all costs which the City incurs during the term of this <br />Interim Agreement in the discharge of the dutics hereby imposed on the City <br />including, but not limited to, engineering, legal, and planning consultants; and <br />administrative time and expenses incurred by the City; and where deemed <br />appropriate by the City Council, travel incurred by City Officials occasioned by <br />attending meetings with third parties at Developer's request (all ht.'rein <br />"Reimbursable Expenses"), The City's estimated budget for reimbursable <br />expenses and billing rates is attached as Exhibit G. Changes to estimated budgets <br />shall be approved by the Developer and the City Administrator. <br /> <br />A. Restricted AccouDt. Upon execution of this Interim Agreement, <br />Developer shall deposit $100,000 with City which shall be placed in a <br />restricted account and may only be used by City for reimbursable expenses. <br />Prior to making a draw on a restricted account, City shall notity Developer. <br />The notice shall include a documentation of costs incurred. Each time the <br />balance in the restricted account drops below $50,000, Developer shall <br />deposit an additional $50,000, <br /> <br />D. <br /> <br />Avoidance of DuplicatioD, City agrees to keep Developer apprised of the <br />type of reimbursable expenses which are being incurred so that each party <br />can attempt to avoid a duplication of services and expenses; provided that, <br />the City, in its sole discretion, may determine which reimbursable costs are <br />necessary for the City to incur in order to satisty its obligations pursuant to <br />the terms of this Interim Agreement. <br /> <br />C, Developer Reimbursement. If this Intellm Agreement is terminated by <br />the City pursuant to the provisions of Section 8.0.(B)(I), and the City, <br />within three (3) years of such termination, selects another non- <br />governmental or private sector entity to plan, evaluate or develop all or a <br />major portion of the AH Reuse Area, the City shall reimbllTSe the <br />Developer for all or that portion of the planning consultant costs identified <br />on Exhibit C under the captions "DSU" or "URS Inc, . Planning" which <br />have been incurred. <br /> <br />7.0 Limitations. This Interim Agreement does not constitute a disposition of property <br />or any waiver of the exercise of control by the City, Execution of this Interim <br />Agreement by the City is merely an agreement t(l enter into a period of exclusive <br />negotiations according to the tenns hereof, reselVing discretion of final approval to <br />the City as to any Disposition and Development. Agreement and all proceedings <br />