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REV: 07-08-26 MI <br />City by Developer for such purpose and that City shall not be required to advance City funds or <br />incur any liability to cover such costs and expenses. <br />F. The Parties agree that all costs and expenses incurred and to be incurred by <br />Developer relating to the Proposed Project are incurred and shall be borne solely by Developer, <br />regardless of how City, in its sole discretion, acts upon the Proposed Project or processes future <br />applications related to the Proposed Project. <br />AGREEMENT <br />ARTICLE 1. INCORPORATION OF RECITALS <br />Section 1.01. All of the Recitals set forth above are true and correct and are hereby incorporated <br />in this Agreement as if fully set forth herein. <br />ARTICLE 2. EFFECTIVE DATE AND TERM <br />Section 2.01. Effective Date. This Agreement shall become effective upon the date this <br />Agreement is fully executed by the Parties (the “Effective Date”). City acknowledges that <br />Developer has deposited an initial sum of Twenty-Five Thousand Dollars ($25,000) (“Initial <br />Deposit”) to cover City costs, which shall be credited against the amounts due under this <br />Agreement. Subject to the credit set forth in the preceding sentence, Developer agrees to reimburse <br />City for its costs incurred in connection with the Proposed Project commencing on June 16,_2026. <br />Section 2.02. Term. The term of the Agreement (the “Term”) shall begin on the Effective Date <br />and shall terminate upon the earlier of: (a) the date of termination pursuant to Section 5.03 herein; <br />or (b) issuance of Final Certificate of Occupancy. <br />ARTICLE 3. COST RECOVERY POLICY <br />Section 3.01. In General. Developer acknowledges and agrees that the cost recovery principles <br />articulated in the Cost Recovery Policy govern City’s consideration of the Proposed Project. <br />Developer further acknowledges and agrees that the review, evaluation, consideration, and <br />processing of the Proposed Project and all related and supporting material, documentation, and <br />data will not occur if Developer does not fund such work in advance, and that City may <br />immediately suspend such work until adequate funds to meet processing costs are deposited with <br />City, or City may terminate this Agreement pursuant to Section 5.03. In the event of any <br />inconsistency or conflict between the Cost Recovery Policy and this Agreement, the provisions of <br />this Agreement shall control. <br />ARTICLE 4. SELECTION OF CONSULTANTS AND FUNDING OF CITY COSTS <br />Section 4.01. Consultants. <br />(a) Upon entering into this Agreement, City will provide Developer with information <br />regarding the consultants, sub-consultants, and/or special legal counsel to be retained by <br />ATTY/AGR.2026.193/Mecah Ventures (1330 El Camino Real) (Page 2 of 9)