City Cost Recovery. 4.7.1 Developer shall timely pay to the City the Impact Fees set forth in Exhibit M with respect to the Project or the Project Site as set forth in Section 5.6. Such fees shall be the only Impact Fees applicable to the Project or Project Site during the Term of this Agreement (and no new development or impact fees or exactions or other fees, contributions, special taxes, exactions, impositions or dedications, whether any of the foregoing are imposed as a fee, a zoning requirement or otherwise, shall apply to the Project of Project Site, except as expressly permitted in this Agreement). 4.7.2 Except as otherwise set forth in this Agreement and/or the Exhibits hereto, Developer shall timely pay to the City all applicable Processing Fees with respect to the processing or review of applications for the Approvals and Subsequent Approvals as set forth in Section 5.6. 4.7.3 Developer shall pay to the City all Processing Fees and City Costs incurred in connection with the drafting and negotiation of this Agreement, and defending the Approvals as set forth in Section 7.4, and in processing and issuing any Subsequent Approvals or administering this Agreement (except for the costs that are covered by Processing Fees), in accordance with any existing or future Reimbursement Agreement between Developer and the City with respect to such Processing Fees and City Costs. 4.7.4 The Parties shall enter into a Reimbursement Agreement with respect to Processing Fees and City Costs pursuant to which Developer shall reimburse the City for Processing Fees and City Costs incurred in performing work in connection with coordinating and processing Subsequent Approvals required to implement the Project, including but not limited to any further environmental review, Conformance Review Applications, phased final subdivision maps, and grading and building permits, all on an expedited basis. The Reimbursement Agreement shall establish the City's commitment to process Subsequent Approvals on an expedited basis and the terms for Developer's reimbursement to the City for such Processing Fees and City Costs, and shall set forth (i) the scope of City Costs eligible for reimbursement; (ii) a process for the parties to agree to an annual (or other applicable period based on the anticipated scope of the work) budget of Processing Fees and City Costs based on anticipated schedule of reimbursable work, a reconciliation process for budget inconsistencies, and a process for periodically reducing or augmenting the budget where necessary; (iii) Developer's rights to review or challenge Processing Fees and City Costs; (iv) Developer’s rights to review and verify for reasonableness consultant scopes of work, expenses, and budgets; (v) the City's responsibility for tracking, maintaining, and reporting Processing Fees and City Costs incurred in relation to an approved budget; (vi) the process for Developer's payment of Processing Fees and City Costs; and (vii) any other related terms mutually agreed upon between the Parties. The Reimbursement Agreement shall be in a form substantially similar to the form attached hereto as Schedule A.
Appears in 2 contracts
Samples: Development Agreement, Development Agreement
City Cost Recovery. 4.7.1 Developer shall timely pay to the City the Impact Fees set forth in Exhibit M with respect to the Project or the Project Site as set forth in Section 5.6. Such fees shall be the only Impact Fees applicable to the Project or Project Site during the Term of this Agreement (and no new development or impact fees or exactions or other fees, contributions, special taxes, exactions, impositions or dedications, whether any of the foregoing are imposed as a fee, a zoning requirement or otherwise, shall apply to the Project of Project Site, except as expressly permitted in this Agreement).
4.7.2 Except as otherwise set forth in this Agreement and/or the Exhibits hereto, Developer CPMC shall timely pay to the City all Impact Fees and Exactions applicable to the Project or the Project Sites as set forth in Section 5.4 of this Agreement.
4.7.2 CPMC shall timely pay to the City all Processing Fees with respect applicable to the processing or review of applications for the Approvals and Subsequent Approvals as set forth in Section 5.65.4 of this Agreement.
4.7.3 Developer CPMC shall pay to the City all Processing Fees and City Costs incurred in connection with the drafting and negotiation of this Agreement, and defending the Approvals and Subsequent Approvals as set forth in Section 7.4, and in processing and issuing any Subsequent Approvals or administering this Agreement (except for the costs that are covered by Processing Fees), in accordance with any existing within sixty (60) days following receipt of a written invoice from the City.
4.7.4 CPMC shall pay to the City all other City Costs incurred during the Term within sixty (60) days following receipt of a written invoice from the City. OEWD shall provide CPMC on a quarterly basis (or future Reimbursement Agreement between Developer such alternative period as agreed to by the Parties) a reasonably detailed statement showing costs incurred by OEWD, the City Agencies and the City with respect Attorney's Office, including the hourly rates for each City staff member at that time, the total number of hours spent by each City staff member during the invoice period, any additional costs incurred by the City Agencies and a brief non-confidential description of the work completed (provided, for the City Attorney's Office, the billing statement will be reviewed and approved by OEWD but the cover invoice forwarded to CPMC will not include a description of the work). OEWD will use reasonable efforts to provide an accounting of time and costs from the City Attorney's Office and each City Agency in each invoice; provided, however, if OEWD is unable to provide an accounting from one or more of such Processing Fees and City Costs.
4.7.4 The Parties parties OEWD may send an invoice to CPMC that does not include the charges of such party or parties without losing any right to include such charges in a future or supplemental invoice. CPMC shall enter into a Reimbursement Agreement with respect pay the invoiced amount from OEWD within sixty (60) days following receipt of the invoice. CPMC's obligation to Processing Fees and pay the City Costs pursuant shall survive the termination of this Agreement. CPMC shall have no obligation to which Developer shall reimburse the City for Processing Fees and any City Cost that is not invoiced to CPMC within forty-eight (48) months from the date the City Cost was incurred. The City will maintain records, in reasonable detail, with respect to any City Costs incurred in performing work in connection with coordinating and processing Subsequent Approvals required to implement the Project, including but not limited to any further environmental review, Conformance Review Applications, phased final subdivision mapsupon written request of CPMC, and grading and building permitsto the extent not confidential, all on shall make such records available for inspection by CPMC.
4.7.5 If CPMC in good faith disputes any portion of an expedited basis. The Reimbursement Agreement invoice, then within sixty (60) days following receipt of the invoice CPMC shall establish provide notice of the City's commitment to process Subsequent Approvals on an expedited basis amount disputed and the terms reason for Developer's reimbursement to the City for such Processing Fees and City Costsdispute, and the Parties shall set forth (i) use good faith efforts to reconcile the scope of City Costs eligible for reimbursement; (ii) a process for dispute as soon as practicable. CPMC shall have no right to withhold the parties to agree to an annual (or other applicable period based on the anticipated scope of the work) budget of Processing Fees and City Costs based on anticipated schedule of reimbursable work, a reconciliation process for budget inconsistencies, and a process for periodically reducing or augmenting the budget where necessary; (iii) Developer's rights to review or challenge Processing Fees and City Costs; (iv) Developer’s rights to review and verify for reasonableness consultant scopes of work, expenses, and budgets; (v) the City's responsibility for tracking, maintaining, and reporting Processing Fees and City Costs incurred in relation to an approved budget; (vi) the process for Developer's payment of Processing Fees and City Costs; and (vii) disputed amount. If any other related terms mutually agreed upon between the Parties. The Reimbursement Agreement shall be in a form substantially similar to the form attached hereto as Schedule A.dispute is not
Appears in 1 contract
Samples: Development Agreement
City Cost Recovery. 4.7.1 4.6.1 Developer shall timely pay to the City the Impact Fees set forth in Exhibit M with respect to the Project or the Project Site as set forth in Section 5.6. Such fees shall be the only Impact Fees applicable to the Project or Project Site during the Term of this Agreement (and no new development or impact fees or exactions or other fees, contributions, special taxes, exactions, impositions or dedications, whether any of the foregoing are imposed as a fee, a zoning requirement or otherwise, shall apply to the Project of Project Site, except as expressly permitted in this Agreement).
4.7.2 4.6.2 Except as otherwise set forth in this Agreement and/or the Exhibits hereto, Developer shall timely pay to the City all applicable Processing Fees with respect to the processing or review of applications for the Approvals and Subsequent Approvals as set forth in Section 5.6.
4.7.3 4.6.3 Developer shall pay to the City all Processing Fees and City Costs incurred in connection with the drafting and negotiation of this Agreement, and defending the Approvals as set forth in Section 7.4, and in processing and issuing any Subsequent Approvals or administering this Agreement (except for the costs that are covered by Processing Fees), in accordance with any existing or future Reimbursement Agreement between Developer and the City with respect to such Processing Fees and City Costs.
4.7.4 4.6.4 The Parties shall enter into a Reimbursement Agreement with respect to Processing Fees and City Costs pursuant to which Developer shall reimburse the City for Processing Fees and City Costs incurred in performing work in connection with coordinating and processing Subsequent Approvals required to implement the Project, including but not limited to any further environmental review, Conformance Review Applications, phased final subdivision maps, and grading and building permits, all on an expedited basis. The Reimbursement Agreement shall establish the City's commitment to process Subsequent Approvals on an expedited basis and the terms for Developer's reimbursement to the City for such Processing Fees and City Costs, and shall set forth (i) the scope of City Costs eligible for reimbursement; (ii) a process for the parties to agree to an annual (or other applicable period based on the anticipated scope of the work) budget of Processing Fees and City Costs based on anticipated schedule of reimbursable work, a reconciliation process for budget inconsistencies, and a process for periodically reducing or augmenting the budget where necessary; (iii) Developer's rights to review or challenge Processing Fees and City Costs; (iv) Developer’s rights to review and verify for reasonableness consultant scopes of work, expenses, and budgets; (v) the City's responsibility for tracking, maintaining, and reporting Processing Fees and City Costs incurred in relation to an approved budget; (vi) the process for Developer's payment of Processing Fees and City Costs; and (vii) any other related terms mutually agreed upon between the Parties. The Reimbursement Agreement shall be in a form substantially similar to the form attached hereto as Schedule A.A. [Note: Parties are working
Appears in 1 contract
Samples: Development Agreement
City Cost Recovery. 4.7.1 Developer shall timely pay to the City the Impact Fees set forth in Exhibit M with respect to the Project or the Project Site as set forth in Section 5.6. Such fees shall be the only Impact Fees applicable to the Project or Project Site during the Term of this Agreement (and no new development or impact fees or exactions or other fees, contributions, special taxes, exactions, impositions or dedications, whether any of the foregoing are imposed as a fee, a zoning requirement or otherwise, shall apply to the Project of Project Site, except as expressly permitted in this Agreement).
4.7.2 Except as otherwise set forth in this Agreement and/or the Exhibits hereto, 4.8.1 Developer shall timely pay to the City all applicable Applicable Impact Fees and Exactions as set forth in Section 5.8.
4.8.2 Developer shall timely pay to the City all Processing Fees with respect applicable to the processing or review of applications for (and issuing) the Approvals and Subsequent Approvals Approvals, as set forth more particularly described in Section 5.65.8.3.
4.7.3 4.8.3 Developer shall pay to the City all Processing Fees and City Costs incurred in connection with the drafting and negotiation of this Agreement, and defending the Approvals as set forth in Section 7.4, and in processing and issuing any Subsequent Later Approvals or administering this Agreement Agreement, within sixty (except for 60) days following receipt of a written invoice complying with Section 4.8.4 from the costs that are covered City.
4.8.4 OEWD shall provide Developer on a quarterly basis (or such alternative period as agreed to by Processing Fees)the Parties) a reasonably detailed statement showing City Costs incurred by OEWD, in accordance with any existing or future Reimbursement Agreement between Developer the City Agencies, and the City with respect Attorney’s Office, including the hourly rates for each City staff member at that time, the total number of hours spent by each City staff member during the invoice period, any additional costs incurred by the City Agencies and a non-privileged description of the work completed (provided, for the City Attorney’s Office, the billing statement will be reviewed and approved by OEWD but the cover invoice forwarded to such Processing Fees and City Costs.
4.7.4 The Parties shall enter into Developer will not include a Reimbursement Agreement with respect description of the work). OEWD will use reasonable efforts to Processing Fees provide an accounting of time and City Costs pursuant from the City Attorney’s Office and each City Agency in each invoice; provided, however, if OEWD is unable to which provide an accounting from one or more of the City Agencies, then OEWD may send an invoice to Developer that does not include the charges of such City Agencies without losing any right to include such charges in a future or supplemental invoice but subject to the twelve (12) month deadline set forth below in this Section 4.8.4. Developer’s obligation to pay the City Costs incurred prior to the date of termination shall survive the termination of this Agreement. Developer shall have no obligation to reimburse the City for Processing Fees any City Cost that is not invoiced to Developer within twelve (12) months from the date the City Cost was incurred. The City shall maintain records, in reasonable detail, with respect to any City Costs and, upon written request of Developer and to the extent not confidential, shall make such records available for inspection by Developer. If Developer in good faith disputes any portion of an invoice, then within sixty (60) days following Developer’s receipt of the invoice, Developer shall provide notice of the amount disputed and the reason for the dispute, and the Parties shall use good faith efforts to reconcile the dispute as soon as practicable. Developer shall have no right to withhold the disputed amount. If any dispute is not resolved within ninety (90) days following Developer’s notice to the City of the dispute, Developer may pursue all remedies at law or in equity to recover the disputed amount.
4.8.5 For the avoidance of doubt, if Developer is more than one Person (e.g., if a Transfer has occurred following the Reference Date), then each Person that is Developer shall be responsible only for City Costs applicable to such Developer and shall not be responsible for City Costs applicable to any other Person that is Developer and City Costs incurred in performing work in connection with coordinating and processing Subsequent Approvals required to implement the Project, including but not limited invoiced to any further environmental review, Conformance Review Applications, phased final subdivision maps, and grading and building permits, all on an expedited basis. The Reimbursement Agreement shall establish the City's commitment to process Subsequent Approvals on an expedited basis and the terms for Developer's reimbursement to the City for such Processing Fees and City Costs, and shall set forth (i) the scope of City Costs eligible for reimbursement; (ii) a process for the parties to agree to an annual (or other applicable period based on the anticipated scope of the work) budget of Processing Fees and City Costs based on anticipated schedule of reimbursable work, a reconciliation process for budget inconsistencies, and a process for periodically reducing or augmenting the budget where necessary; (iii) Developer's rights to review or challenge Processing Fees and City Costs; (iv) Developer’s rights to review and verify for reasonableness consultant scopes of work, expenses, and budgets; (v) the City's responsibility for tracking, maintaining, and reporting Processing Fees and City Costs incurred in relation to an approved budget; (vi) the process for Developer's payment of Processing Fees and City Costs; and (vii) any other related terms mutually agreed upon between the Parties. The Reimbursement Agreement Person that is Developer shall be in a form substantially similar to the form attached hereto as Schedule A.made without duplication.
Appears in 1 contract
Samples: Development Agreement
