AgdaPkt 2011-05-23 - Laserfiche WebLink

Browse Search

Attachment 1 8.A. - Page 9 r,ntitiements or to constitute a covenant, promise, or commitment by City (including, without limitation, any agency, board, or commission of the City) to grant any Entitlement or to make any final decision on any Application, nor shall it prevent City (including, without limitation, any agency, board, or commission of the City) from acting on any Application in any manner other than that deemed proper by City. E. The City and Saltworks intend that as a result of this Agreement all costs and expenses associated with the City's review, evaluation, consideration, and processing of the Applications, including but not limited to compensation for all City employee staff time and payment of all third party consultant contracts, shall be paid using funds deposited in advance with City by Saltworks for such purpose and that City shall not be required to advance City funds or incur any liability to cover such costs and expenses. F. Prior to entering into this Agreement, the City incurred expenses for its review, evaluation, consideration and processing of the Applications and Saltworks has deposited funds with City to reimburse City for such expenses. As of the date of this Agreement, the parties anticipate there will be a balance remaining on deposit after payment of estimated expenses incurred through March 2011 and invoiced in April 2011, which deposit will be credited to the Evergreen Deposit described in Section 4.02. G. This First Amended & Restated Reimbursement and Processing Agreement Between the City of Redwood City and Redwood City Plant Site LLC dba DMB Redwood City Saltworks supersedes the Reimbursement Agreement Between the City of Redwood City and Redwood City Plant Site LLC authorized by the City Council in August, 2009. AGREEMENT ARTICLE 1. EFFECTIVE DATE AND TERM Section 1.01. Effective Date. This Agreement shall become effective upon the later to occur of City Council approval of this Agreement or the date this Agreement is fully executed by the Parties (the "Effective Date"). Section 1.02. Term. The term of the Agreement (the "Term") shall begin on the Effective Date and shall terminate upon the earlier of: (a) the date of termination pursuant to Section 5.04 herein; or (b) the date the City Council takes final action on the Applications or otherwise concludes its review of the Applications.