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<br />WHEREAS, preparation of an Initial Study and an Environmental Impact <br /> <br />Report ("EIR") is required to provide City's decision-making bodies with an <br /> <br />objective determination of impacts caused by the Project; and <br /> <br />WHEREAS, Consultant represents that it possesses the experience, and <br /> <br />is qualified to perform the aforesaid services for the Project; <br /> <br />NOW, THEREFORE, the parties hereto agree as follows: <br /> <br />1. CONSULTANT'S SERVICES. Consultant shall perform environmental <br /> <br />assessment and related services described in Exhibit "A" hereof, attached hereto <br /> <br />and by this reference incorporated herein. Notwithstanding the provisions of <br /> <br />Exhibit A, Consultant shall deliver all preliminary or draft documents to City and <br /> <br />shall confer with City's staff and City's decision-making bodies (described in <br /> <br />Exhibit A) prior to the preparation of final documents and the release of such <br /> <br />documents to Developer, and Consultant shall not release said documents to <br /> <br />Developer unless and until City shall have authorized such release. <br /> <br />2. <br /> <br />COMPENSATION; EXPENSES; DEPOSIT; PAYMENT. City shall <br /> <br />compensate Consultant for all services performed by Consultant hereunder in <br /> <br />an amount based upon Consultant's hourly rates that are prevailing during the <br /> <br />time of the performance of said services. A copy of Consultant's hourly rates for <br /> <br />which services hereunder shall be performed are set forth in Consultant's fee <br /> <br />schedule marked Exhibit "B" hereof, attached hereto and by this reference <br /> <br />incorporated herein. <br /> <br />Notwithstanding the foregoing, the combined total of compensation and <br /> <br />reimbursement of costs payable hereunder shall not exceed two hundred fifty <br /> <br />Agmt 045 <br />G :\sh a red\Redwood\Cou nci I <br />FXS-dr <br />08/02/01 <br /> <br />2 <br /> <br />..... - <br />I <br />