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Attachment 1 8.A. - Page8 FIRST AMENDED AND RESTATED REIMBURSEMENT AND PROCESSING AGREEMENT BETWEEN THE CITY OF REDWOOD CITY AND REDWOOD CITY PLANT SITE LLC DBA DMB REDWOOD CITY SALTWORKS THIS AMENDED AND RESTATED REIMBURSEMENT AND PROCESSING AGREEMENT ("Agreement") is made and entered into on the � day of , 2011 by and between the CITY OF REDWOOD CITY, a charter city and California municipal corporation ("City"), and REDWOOD CITY PLANT SITE LLC, a Delaware limited liability company, dba DMB REDWOOD CITY SALTWORKS ("Saltworks") (collectively, the "Parties"). RECITALS A. By Resolution No. 14609, adopted in September 2004, City established a Cost Recovery Policy for maj or planning applications that requires an applicant for planning approvals to pay the costs of processing the application. Reimbursement includes among other things the cost for City staff, consultants, including environmental consultants, and special legal counsel. Consistent with the intent and framework of Resolution No. 14609, and in recognition of the uniquely substantial scope and nature of the development proposed by Saltworks, the Parties have determined that it is necessary and desirable to enter into this Agreement to govern reimbursement and processing related to the proposed Saltworks development. B. Saltworks has a legal and/or equitable interest in approximately 1,436 contiguous acres of real property located within the City, east of Seaport Boulevard and north of US-101, as depicted in the attached Exhibit A-1, and as more particularly described in the attached Exhibit A-2 (the "Prol�erty"). C. Saltworks has submitted to City applications (collectively, the "Applications") for certain planning approvals, including environmental review, required for a proj ect that Saltworks proposes to develop on the Property (the "Pro'ect"). The Applications request approval of a general plan amendment, rezoning and associated amendments to the zoning code, specific plan and development agreement (collectively, the "Entitlements"). In the event the Entitlements are approved by the City, several future land use approvals and entitlements will be required for the Proj ect to proceed, including but not limited to tentative and final subdivision maps, design review approvals, and final development plans (collectively, "Future Approvals"). The parties intend that cost recovery by the City for expenses associated with the review, evaluation, and processing of the Future Approvals will be governed either by a development agreement approved along with the Entitlements or, alternatively, by another reimbursement and processing agreement to address the Future Approvals. Such agreement also would cover reimbursement of expenses related to any City approval of the Applications. D. City and Saltworks have entered into this Agreement to implement the reimbursement policy of Resolution No. 14609 pursuant to which City will review the Applications and Saltworks will fund that review. Nothing in this Agreement is or should be construed to control or limit the City's exercise of discretion with respect to any aspect of the