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consideration of Developer's Proposal. Developer fuRher acknowledges and agrees that the review, evaluation, consideration, and processing of the Proposal and all related and supporting material, documentation, and data will not occur if Developer does not fund such work in advance, and that City may immediately suspend such work until adequate funds to meet processing costs are deposited with City, or City may terminate this Agreement pursuant to Section 5.03. In the event of any inconsistency between the reimbursement policy of Resolution No. 14609 and this Agreement, the provisions of this Agreement shall control. ARTICLE 4. SELECTION OF CONSULTANTS AND FUNDING OF CITY COSTS Section 4.01. Consultants. (a) Upon entering into this Agreement, City will provide Developer with information regarding the consultants, subconsultant, and/or special legal counsel to retained by City to provide services to the City regarding Depot Circle including the current scope and budget for such Consultant;. Developer agrees that City will charge actual staff time and expenses attributable to the administration of Consultant Gontracts entered into by City under this Agreement. (b) On�a monthly basis, City will provide to Developer a summary report on the fees incurred by the City's team of Consultants and City staff, the percentage of the deposit that has been expended by the City on its evaluation of Developer's Proposal, and the amount remaining available for billing. Section 4.02. Deoosit (a) Upon execution of this Agreement, Developer shall deposit with the City the initial amount ofONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) in the form ofa cashier's check and shall replenish the Deposit on a monthly basis until termination of this Agreement pursuant to Section 2,02 or 5.03, whichever is applicable, or as long as expenditures made by the City relating to the evaluation of Developer's Proposal remains unreimbursed, whichever is later. Developer understands and acknowledges that the amount of the initial deposit may not be su�cient to pay for the Ciry's cosls associated with the evaluation of Developer's Proposal. Upon written notice from the City, Developer agrees that it will, within five (5) business days of such notice, provide City with additional funds as specified by the City. The amount of any additional deposit shall be based on the City's good faith estimate of City's expenditures anticipated for the following one month. In the event, for any reason, the City's , request for further deposit from the Developer is not fully satisfied within five (5) business days of the request, City reserves the right to cease work on its evaluation of Developer's Proposal and to also advise its consultants to cease work. (b) Upon termination of this Agreement or after completion of City's evaluation of Developer's proposal, City shall have a reasonable time to seek and receive from Developer all remaining and outstanding reimbursements to which it is entitled under this Agreement. Once all remaining and outstanding reimbursements have been paid to City by Developer, the portion of ATTY/AGRI2012.070/REIMBURSEMENT AGREEMENT BLOCK 2 REV: 01/25/12 Page 3 oi 9