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Section 2.OL In General. Saltworks acknowledges and agrees that Resolution No. 14609 <br /> Planning Cost Recovery Policy governs the Applications. Saltworks further acknowledges and <br /> agrees that the review, evaluation, consideration, and processing of the Applications and all <br /> related and supporting material, documentation, and data will not occur if Saltworks does not <br /> fund such work in advance, and that City may immediately suspend such work until adequate <br /> funds to meet processing costs are deposited with City and may terminate this Agreement <br /> pursuant to Section 5.04. The Parties acknowledge that the complexity and the expected duration <br /> of the processing of the Applications make it helpful to establish an implementation plan for <br /> Resolution No. 14609 that provides Saltworks with financial accountability for the money City is <br /> expending to review the Applications. In the event of any inconsistency between the <br /> reimbursement policy of Resolution No. 14609 and this Agreement, the provisions of this <br /> Agreement shall control. <br /> ARTICLE 3. PLANNING AND ENTITLEMENT IN GENERAL <br /> Section 3.01. Process in General. The Parties agree that the perrnits and planning <br /> requests to be reviewed, evaluated, considered, and processed by City shall be those in the <br /> Applications. Saltworks agrees to provide the "Technical Reports" (defined below in Section <br /> 3.02) and any other information reasonably required for the City's environmental review process. <br /> Ciry's processing of such Applications for which deposits shall be made pursuant to this <br /> Agreement shall include, without limitation: (a) all work that facilitates City's review, <br /> evaluation, consideration, and processing of: (i) the Applications, (ii) the Project, (iii) Technical <br /> Reports submitted in support of the Applications or developed by City or its consultants, (iv) <br /> supplements or amendments to the Applications and any accompanying data, submittals, and <br /> materials, and (v) any supplementary or additional material provided by Saltworks or developed <br /> by City or its consultants; (b) preparation by City and its consultants of Technical Reports and <br /> related material, documentation, and data relating to the Applications, including but not limited <br /> to supplemental or additional Technical Reports, as well as review, evaluation, consideration, <br /> and internal and external communication regarding such supplemental or additional Technical <br /> Reports; and (c) negotiation and prepazation of a development agreement and/or other <br /> agreements deemed necessary by City to protect its interest in the event any of the Applications <br /> are approved. Expenses for which Saltworks shall deposit funds with the City pursuant to this <br /> and any other section of this Agreement may include (x) staff time and expenses at rates <br /> consistent with those chazged to other applicants on major planning projects, (y) consultant fees <br /> and costs (including, without limitation, costs and fees of specialized legal counsel retained to <br /> assist City staff and City's consultants); and (z) any other items that aze agreed to in writing by <br /> City and Saltworks. <br /> Section 3.02. CEOA Review. City will act as lead agency under the California <br /> Environmental Quality Act of California ("CE A"). Saltworks will prepaze or commission, at <br /> its sole cost, and submit to City any and all studies and evaluations that may be requested as a <br /> part of the City's CEQA review and planning processes, including, without limitation, studies and <br /> evaluations covering issues such as air quality; energy and greenhouse gas emissions; biological <br /> resources; cultural resources; hazardous materials and related issues; hydrology and water <br /> quality; noise; transportation; water supply; wastewater and stormwater; fiscal reports; planning <br /> studies; and others that may be required in the City's discretion (collectively, the "Technical <br /> Reports"). City will review and consider the Technical Reports in the prepazation of its <br /> environmental evaluation under CEQA and its consideration of the Applications. Saltworks <br /> acknowledges and agrees that City must independenUy review and exercise its independent <br /> ATTY/AGW2011IAMENDMENTS/FIRST AMENDED AND RESTATED REIMBURSEMENT AGREEMENT <br /> 052311 <br /> 3 <br />