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Agmt15 Jefferson Res, LLC
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Agmt15 Jefferson Res, LLC
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Last modified
11/20/2015 8:28:34 AM
Creation date
11/20/2015 8:29:00 AM
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Template:
Agreement
Contractor Name
Jefferson Res, LLC
PROJECT NAME
603 Jefferson
RMP File Number
304.5
Date
9/29/2015
Reso Ref
14609
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�������.� , <br /> REIMBURSEMENT AGREEMENT <br /> BETWEEN THE CITY OF REDWOOD CITY AND <br /> JEFFERSON RES, LLC <br /> THIS REIMBURSEMENT AGREEMENT ("Agreement") is dated for informational <br /> purposes only as of the 29th day of September, 2015 by and between the CITY OF REDWOOD <br /> CITY, a charter city and California municipal corporation ("City"), and Jefferson Res, LLC <br /> ("Developer") (referred to herein individually as "Party," or collectively, the "Parties"). <br /> RECITALS <br /> A. By Resolution No. 14609, adopted in September 2004, City established a Cost <br /> Recovery Policy for major planning applications that requires an applicant for planning <br /> approvals to pay the costs of processing the application. Reimbursement includes among other <br /> things the cost for City staff, consultants, including environmental consultants, and special legal <br /> counsel. Developer has filed an Application with the City which would be governed by <br /> Resolution 14609; therefore consistent with the intent and framework of Resolution No. 14609, <br /> the Parties agree to enter into this Agreement requiring Developer to reimburse City for City <br /> resources expended during its evaluation of Developer's proposed development of the Project <br /> (defined below). <br /> B. Developer has proposed a project located at 603 Jefferson Avenue which includes <br /> the construction of 92 condominiums (the "Project"). <br /> C. The Parties desire to enter into this Agreement to implement the reimbursement <br /> policy of Resolution No. 14609 and specifically to cover the costs incurred commencing as of <br /> September 4, 2015 and to be incurred by City in connection with the processing of the Project <br /> application. Developer understands that its funding of such costs is at its sole risk and that <br /> nothing in this Agreement is or shall be construed to control or limit the City's exercise of <br /> discretion with respect to any aspect of evaluating the Project, nor shall it be construed as <br /> making any commitment regarding the granting of any entitlements for development. Developer <br /> further acknowledges and understands and accepts the risk that the City may elect to discontinue <br /> this process completely at any point whatsoever. <br /> D. Developer acknowledges and understands that Developer shall be required to fund <br /> City's costs associated with obtaining any land use approvals or entitlements in furtherance of <br /> development of the Project. The parties understand that the intent is to provide that City shall <br /> recover all costs associated with the review, evaluation, and processing of the Project. <br /> E. The Parties intend that as a result of this Agreement, by implementing the <br /> reimbursement policy, all costs and expenses associated with City's review, evaluation, <br /> consideration, and processing of the Project applications and inspection of the Project, including <br /> but not limited to compensation for all City employee staff time and payment of all third party <br /> consultant contracts including legal consultants, shall be paid using funds deposited in advance <br /> with City by Developer for such purpose and that City shall not be required to advance City <br /> funds or incur any liability to cover such costs and expenses. <br /> ATTY/AGR/2015.223/JEFFERSON RES LLC <br /> REV:10-20-15 VR <br /> Page 7 of 8 <br />
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