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c <br /> ' r <br /> a <br /> with City by Developer for such purpose and that City shall not be required to advance City <br /> funds or incur any Iiability to cover such costs and expenses_ <br /> F. The Parties a�ree that all costs and expenses incurred and to be incurred by <br /> Developer relating to the Project are incuned and shall be borne solely by Developer, regardless <br /> af l�ow City, in its sole discretion, acts upon the Project or processes future appIicarions related <br /> to the Project. <br /> AGREEMENT <br /> ARTICLE 1. INCORPQRATiON QF RECITALS <br /> Section I.Q1. All of the recitals set forth above are true and conect and are hereby <br /> incarporated in this A�reement as if fully set forth herein. <br /> ARTICLE 2. EFFECTIVE DATE AND TERM <br /> Section 2.Q1. Effective Date. This A�reement shall become effective upon the date this <br /> Ao eement is ful]y executed by the Parties (the "Effective Date"). City acknowied�es that <br /> Developer deposited an initial sum of Ten Thousand Dollars (SI0,000)] to cover City costs, <br /> which shall be credited against the amounts due under this Agreement. Subject to the credit set <br /> forth in the precedinQ sentence_ Deveioper agrees to reimburse City for its costs incurred in <br /> connection with the Project commencin�on June 8, 2015. <br /> SecCioa 2.02, Term. The term of the Ab eement (the "Term") shal] begin on the <br /> Effective Date and shall terminate upon the eartier of: (a) the date of termination pursuant to <br /> Section 5.03 herein; or(1�)the compietion of the ['roject. <br /> ARTICLE 3. RESOLUTION NO. 14609 <br /> Section 3.Q1. In GeneraI. DeveEoper acknowledges and agrees that the cost recovery <br /> principles articulated in ResoIu�ion N�. 14609 PIanning Cost Recovery PoIicy aovern City's <br /> consideration of the Project. Developer further acknowled�es and agrees that the re�iew, <br /> evaivation, consideration, and pracessin� of the Proposal and all related and supporting materiai, <br /> documentation, and data will not occur if Developer does not fund such work in advance, and <br /> that City may immediatedy suspend such wark until adequate funds to rneet processing costs are <br /> deposited with City, or City may terminate this Agreement pursuant to SectiQn 5.03. In the event <br /> of any inconsistency between the reimbursement policy af Resolution No. t4609 and this <br /> Ag-reement, the provisians of this Aareement shall control. <br /> ARTICLE 4. SELECTION 4F CONSULTANTS AND FUNDING OF CITY COSTS <br /> Section 4.01. Consultants. <br /> (a) Upon enterina into this Agreernent, City wiIl provide Developer with <br /> information regarding the consultants, sub-consultants, and,�or specia] legai counsel to be <br /> Page 2 of 8 <br /> REV:09-25-15 VR <br /> A7T1'/AGR.20'f 5.222/Oracle d.Tech Reimbursement Agreement <br />