Common use of City Cost Recovery Clause in Contracts

City Cost Recovery. 4.5.1 SFCM shall timely pay to the City all Impact Fees and Exactions applicable to the Project or the Project Site as set forth in Section 5.7. 4.5.2 SFCM shall timely pay to the City all Processing Fees applicable to the processing or review of applications for the Approvals and Later Approvals. 4.5.3 SFCM shall pay to the City all City Costs incurred in connection with the drafting and negotiation of this Agreement, defending the Approvals and Later Approvals, and in processing and issuing any Later Approvals or administering this Agreement (except for the costs that are covered by Processing Fees), within sixty (60) days following receipt of a written invoice complying with Section 4.5.4 from the City. 4.5.4 OEWD shall provide SFCM on a quarterly basis (or such alternative period as agreed to by the Parties) a reasonably detailed statement showing costs incurred by OEWD, the City Agencies and the City 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 SFCM 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 parties, then OEWD may send an invoice to SFCM 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 but subject to the eighteen (18) month deadline set forth below in this Section 4.5.4. SFCM's obligation to pay the City Costs shall survive the termination of this Agreement. SFCM shall have no obligation to reimburse the City for any City Cost that is not invoiced to SFCM within eighteen (18) months from the date the City Cost was incurred. The City will maintain records, in reasonable detail, with respect to any City Costs and upon written request of SFCM, and to the extent not confidential, shall make such records available for inspection by SFCM. 4.5.5 If SFCM in good faith disputes any portion of an invoice, then within sixty (60) days following receipt of the invoice SFCM 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. SFCM shall have no right to withhold the disputed amount. If any dispute is not resolved within ninety (90) days following SFCM's notice to the City of the dispute, SFCM may pursue all remedies at law or in equity to recover the disputed amount.

Appears in 1 contract

Samples: Focused Development Agreement

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City Cost Recovery. 4.5.1 SFCM 4.7.1 CPMC shall timely pay to the City all Impact Fees and Exactions applicable to the Project or the Project Site Sites as set forth in Section 5.75.4 of this Agreement. 4.5.2 SFCM 4.7.2 CPMC shall timely pay to the City all Processing Fees applicable to the processing or review of applications for the Approvals and Later ApprovalsSubsequent Approvals as set forth in Section 5.4 of this Agreement. 4.5.3 SFCM 4.7.3 CPMC shall pay to the City all City Costs incurred in connection with the drafting and negotiation of this Agreement, defending the Approvals and Later ApprovalsSubsequent Approvals as set forth in Section 7.4, and in processing and issuing any Later Subsequent Approvals or administering this Agreement (except for the costs that are covered by Processing Fees), within sixty (60) days following receipt of a written invoice complying with Section 4.5.4 from the City. 4.5.4 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 SFCM CPMC on a quarterly basis (or such alternative period as agreed to by the Parties) a reasonably detailed statement showing costs incurred by OEWD, the City Agencies and the City 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 SFCM 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 parties, then parties OEWD may send an invoice to SFCM 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 but subject to invoice. CPMC shall pay the eighteen invoiced amount from OEWD within sixty (1860) month deadline set forth below in this Section 4.5.4days following receipt of the invoice. SFCMCPMC's obligation to pay the City Costs shall survive the termination of this Agreement. SFCM CPMC shall have no obligation to reimburse the City for any City Cost that is not invoiced to SFCM CPMC within eighteen forty-eight (1848) months from the date the City Cost was incurred. The City will maintain records, in reasonable detail, with respect to any City Costs and upon written request of SFCMCPMC, and to the extent not confidential, shall make such records available for inspection by SFCMCPMC. 4.5.5 4.7.5 If SFCM CPMC in good faith disputes any portion of an invoice, then within sixty (60) days following receipt of the invoice SFCM CPMC 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. SFCM CPMC shall have no right to withhold the disputed amount. If any dispute is not resolved within ninety (90) days following SFCMCPMC's notice to the City of the dispute, SFCM CPMC may pursue all remedies at law or in equity to recover the disputed amount.

Appears in 1 contract

Samples: Development Agreement

City Cost Recovery. 4.5.1 SFCM Developer shall timely pay to the City all Impact Fees and Exactions applicable to the Project or the Project Site as set forth in Section 5.75.4 of this Agreement. 4.5.2 SFCM Developer shall timely pay to the City all Processing Fees applicable to the processing or review of applications for the Approvals and Later ApprovalsSubsequent Approvals as set forth in Section 5.4 of this Agreement. 4.5.3 SFCM Developer shall pay to the City all City Costs incurred in connection with the drafting and negotiation of this Agreement, defending the Approvals and Later ApprovalsSubsequent Approvals as set forth in Section 7.4, and in processing and issuing any Later Subsequent Approvals or administering this Agreement (except for the costs that are covered by Processing Fees), within sixty (60) days following receipt of a written invoice complying with Section 4.5.4 from the City. 4.5.4 OEWD shall provide SFCM Developer on a quarterly basis (or such alternative period as agreed to by the Parties) a reasonably detailed statement showing costs incurred by OEWD, the City Agencies and the City 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 SFCM Developer 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 parties, then parties OEWD may send an invoice to SFCM Developer 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 but subject to the eighteen (18) month deadline set forth below in this Section 4.5.4invoice. SFCMDeveloper's obligation to pay the City Costs shall survive the termination of this Agreement. SFCM Developer shall have no obligation to reimburse the City for any City Cost that is not invoiced to SFCM Developer within eighteen (18) months from the date the City Cost was incurred. The City will maintain records, in reasonable detail, with respect to any City Costs and upon written request of SFCMXxxxxxxxx, and to the extent not confidential, shall make such records available for inspection by SFCMDeveloper. 4.5.5 If SFCM Developer in good faith disputes any portion of an invoice, then within sixty (60) days following receipt of the invoice SFCM 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. SFCM Developer shall have no right to withhold the disputed amount. If any dispute is not resolved within ninety (90) days following SFCMXxxxxxxxx's notice to the City of the dispute, SFCM Xxxxxxxxx may pursue all remedies at law or in equity to recover the disputed amount.

Appears in 1 contract

Samples: Development Agreement

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City Cost Recovery. 4.5.1 SFCM Developer shall timely pay to the City all Impact Fees and Exactions applicable to the Project or the Project Site as set forth in Section 5.75.4 of this Agreement. 4.5.2 SFCM Developer shall timely pay to the City all Processing Fees applicable to the processing or review of applications for the Approvals and Later ApprovalsSubsequent Approvals as set forth in Section 5.4 of this Agreement. 4.5.3 SFCM Developer shall pay to the City all City Costs incurred in connection with the drafting and negotiation of this Agreement, defending the Approvals and Later ApprovalsSubsequent Approvals as set forth in Section 7.4, and in processing and issuing any Later Subsequent Approvals or administering this Agreement (except for the costs that are covered by Processing Fees), within sixty (60) days following receipt of a written invoice complying with Section 4.5.4 from the City. 4.5.4 OEWD shall provide SFCM Developer on a quarterly basis (or such alternative period as agreed to by the Parties) a reasonably detailed statement showing costs incurred by OEWD, the City Agencies and the City 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 SFCM Developer 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 parties, then parties OEWD may send an invoice to SFCM Developer 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 but subject to the eighteen (18) month deadline set forth below in this Section 4.5.4invoice. SFCMDeveloper's obligation to pay the City Costs shall survive the termination of this Agreement. SFCM Developer shall have no obligation to reimburse the City for any City Cost that is not invoiced to SFCM Developer within eighteen (18) months from the date the City Cost was incurred. The City will maintain records, in reasonable detail, with respect to any City Costs and upon written request of SFCMDeveloper, and to the extent not confidential, shall make such records available for inspection by SFCMDeveloper. 4.5.5 If SFCM Developer in good faith disputes any portion of an invoice, then within sixty (60) days following receipt of the invoice SFCM 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. SFCM Developer shall have no right to withhold the disputed amount. If any dispute is not resolved within ninety (90) days following SFCMXxxxxxxxx's notice to the City of the dispute, SFCM Xxxxxxxxx may pursue all remedies at law or in equity to recover the disputed amount.

Appears in 1 contract

Samples: Development Agreement

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