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Attachment B PAYMENT OF COSTS AGREEMENT 1 2 3 4 WHEREAS, Wal-Mart Stores, Inc. and Wal-Mart Real Estate Business Trust 5(collectively the “Applicants”) have requested the City of Roseville (“City”) to retain the City’s 6consultant to review the Twin Lakes Street Improvements plans and specifications and perform 7other work pertaining to the proposed Wal-Mart Store in the City of Roseville; and 8 9 WHEREAS, the work to be performed by the City’s consultant and other work to be 10performed (collectively the “City Work”) is described in the Request for Proposals, dated August 1117, 2012, attached hereto as Exhibit A; and 12 13 WHEREAS, the City will incur costs with respect to the performance of the City Work; 14and 15 16 WHEREAS, the City is willing to perform the City Work provided the Applicants, 17among other things, escrow with the City the amount of $40,590 (“Escrow Amount”) to 18guarantee that the City will be paid for the cost of the City Work and execute this Agreement 19which sets forth the terms and conditions by which the Escrow Amount will be received, retained 20and disbursed; 21 22 NOW THEREFORE, in consideration for the City performing the City Work, the 23Applicants agree as follows: 24 251.The Applicants agree to pay the City all costs incurred by the City in connection with the 26City Work. The cost for City employee’s providing City Work shall be determined by 27multiplying the employee’s hourly rate times 1.9, times the number of hours expended, 28for all employees (including administrative employees) involved in such work and all 29communications, coordination, inspections and reinspections related thereto. For all 30others (including the City’s consultant) the cost shall be the actual cost charged the City. 31 322.The Applicants agree to deposit with the City the Escrow Amount at the time of the 33execution and delivery of this Agreement to the City. 34 353.The City shall have the right to draw upon the Escrow Amount to pay all costs incurred 36by the City in connection with the City Work as such costs are billed to or incurred by the 37City. If at any time prior to the completion of the City Work the City determines that the 38Escrow Amount will not be adequate to pay the full cost thereof, the City may require 39that the Applicants pay to the City an additional amount equal to 125% of the amount of 40the deficiency, as reasonably determined by the City, before any further City Work is 41performed. 42 434.In the event that when all of the City Work has been completed, the City determines that 44the Escrow Amount exceeds the actual costs incurred by the City in connection with the 45City Work, any excess shall be returned to the Applicants, without interest, within 30 46days after all of the City Work has been completed. In the event the Escrow Amount is 1