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CCP 10-25-2004
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CCP 10-25-2004
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<br />'- <br /> <br />Ie <br /> <br />. <br /> <br />E. <br /> <br />Developer shall indemnify and hold the City harmless for any damages <br />caused by Developer's entry onto the AH Reuse Area. Developer shall <br />provide City with a Certificate of Insurance indicating that Developer is <br />insured for such risks. <br /> <br />F. 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 shall <br />reimburse the City for all costs which the City incurs during the term of this <br />Interim Agreement in the discharge of the duties 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 herein <br />"Reimbursable Expenses"). The City's estimated budget for reimbursable <br />expenses and billing rates is attached as Exhibit C. Changes to estimated budgets <br />shall be approved by the Developer and the City Administrator. <br /> <br />A. <br /> <br />Restricted Account. 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 notify 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 />B. Avoidance of Duplication. 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 satisfy its obligations pursuant to <br />the terms of this Interim Agreement. <br /> <br />C. Developer Reimbursement. If this Interim 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 reimburse the <br />Developer for all or that portion of the planning consultant costs identified <br />on Exhibit C under the captions "DSU" or "URB Inc. - Planning" which <br />have been incurred. <br /> <br />7 <br />
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