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<br /> <br />EXHIBIT E <br /> <br />DEVELOPER REIMBURSABLE COSTS <br /> <br />Developer Reimbursable Costs are the Cily Reimbursable Costs and the ou1-of-pocket costs paid by <br />the Developer for the following activities, subject to the terms and conditions described below: <br /> <br />L Framework Vision <br /> <br />2_ Environmental studies oflhe Development Property <br /> <br />3_ Geotechnical studies oflhe 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 Districl and TlF District(s) and related plans for all or portion of the <br />Development Property <br /> <br />The Developer Reimbursable Cosls related to any of the foregoing activities qualify 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 thai are de1ennined 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 lhe expert opinions differ, the two experts <br />will mutually agree upon a third independen1 expert who shall determine 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 tenn <br />"independent expert" for lhe City-appointed or Developer appointed independent expert means a <br />person or enlity 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 opinion relates (other than payment to be received for <br />professional services rendered as a consultant to Ihe Developer or City, including regarding the <br />Development, or as an "expert" under lhis Exhibi1 E and (iii) is not connected with the City, the <br />Developer, Rehbein or Ryan as an officer, director or employee. <br /> <br />E-I <br />