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04-09-07 Item 7B, AUAR Relating to TCAAP
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04-09-07 Item 7B, AUAR Relating to TCAAP
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10/10/2022 3:18:44 PM
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4/6/2007 11:43:20 AM
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04-09-07 Item 7B, SRF Consult Contract
General - Type
Agenda Item
Category
Contract for AUAR Relating to TCAAP
Date
4/9/2007
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<br />EXHmlT E <br /> <br />DEVELOPER REIMBURSABLE COSTS <br /> <br />Developer Reimbursable Costs are the City Reimbursable Costs and the out-of-pocket costs paid by <br />the Developer for the following activities, subject to the tenns and conditions described below: <br /> <br />I . Framework Vision <br /> <br />2. Environmental studies of the Development Property <br /> <br />3. Geotechnical studies of the Development Property <br /> <br />4. Traffic Analysis-Related to infrastructure outside the Development Property only <br /> <br />5, AUAR process and documents related to Development Property <br /> <br />6. Amendments to City Comprehensive Plan related to Development Property <br /> <br />7. Landscape plans and design guidelines for Development Property <br /> <br />8. Development District and TIP District(s) and related plans for all or portion of the <br />Development Property <br /> <br />The Developer Reimbursable Costs related to any of the foregoing activities quality as a Developer <br />Reimbursable Cost only if the Successor Developer uses such relevant item. The portion of the <br />Developer Reimbursable Costs due the Developer in each category will be the portion of actual <br />Developer Reimbursable Costs that are detennined by a City-appointed "independent expert" in the <br />relevant field to have value for the Successor Developer. If Developer disagrees with the City's <br />expert, Developer may (within 30 days after receipt of the City's expert opinion) request an opinion <br />from an independent expert selected by Developer. If the expert opinions differ, the two experts <br />will mutually agree upon a third independent expert who shall detennine the process to be followed <br />and whose conclusion as to the amount of Developer Reimbursable Costs for that item that are due <br />the Developer will be binding on the parties. For the purposes of this Exhibit E, the term <br />"independent expert" for the City-appointed or Developer appointed independent expert means a <br />person or entity who (i) has reasonable professional experience in the area that is the subject of the <br />opinion; (ii) does not have any material financial interest in the City, the Developer, Rehbein, Ryan <br />or the transaction to which such person's opirrion relates (other than payment to be received for <br />professional services rendered as a consultant to the Developer or City, including regarding the <br />Development, or as an "expert" under this Exhibit E and (iii) is not connected with the City, the <br />Developer, Rehbein or Ryan as an officer, director or employee. <br /> <br />299882(518) <br />ARl004 <br /> <br />E-I <br />
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