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Dollarsf($23$:00) per hour. City may also utilize additional external consultants, <br />including, but not limited to, attorneys and engineers, as necessary to complete the <br />review. Said consultants will be billed at their agreed upon rates with the City. <br />Specifically, the City intends to use outside counsel from the law firm of Best -Best -&-- <br />Krieger L !Rto- dVibw the environmental documents for legal sufficiency at the rate of <br />Three Hundred and Ten Dol4fL $3 .Wy erhour. <br />E. Developer has deposited with City the amount of fifty thousand dollars <br />($50,000) to provide initial funding for the Services to be provided by Place Works, <br />Planning and Building Agency, City Attorney's Office and City Engineer. This amount <br />shall be applied to pay invoices received from Place Works, the Planning and Building <br />Agency, City Attorney's Office and City Engineer for their Services. <br />F. City shall provide Developer with a monthly statement of draws against the <br />deposit described in Section 3.E., accompanied by invoices, time records, or other <br />reasonable back-up therefor. <br />G. It is understood and agreed that if any consultant begins work on the Project <br />prior to execution and delivery of this Agreement by all parties, the fees incurred in <br />cor nection-with the Projact_prior-to-sstch_execution_ andslelivery_wilLbe-subject_to <br />reimbursement pursuant to this Agreement upon execution and delivery of this <br />Agreement by all parties and the deposit of funds by Developer pursuant to Section 3.E. <br />4. Deposit. <br />A. At any time that City determines in good faith that the sums then held in any <br />deposits made pursuant to Sections 3.E above are inadequate to pay for the projected <br />Services to be paid from such deposit overthe succeeding two (2) month period, Developer <br />shall replenish the relevant deposit with the amount requested by City in writing, which <br />amount shall not exceed Twenty -Five Thousand Dollars ($25,000) for any particular <br />replenishment, within ten (10) Business Days of such written request. <br />B. Should any deposit not be replenished in the time and amount specified as <br />set forth in Section 4.A., City may direct that all Services to be paid from the deposit <br />applicable to such Services be halted until such time as such applicable deposit is <br />replenished. <br />C. All deposits will be placed in a non-interest bearing trust account. Developer <br />understands and agrees that City will not pay interest to Developer on the deposits, and <br />Developer will not seek interest payments from City. <br />D. No later than forty (40) days after the earliest to occur of: (1) final action is <br />taken by City on the Project, (2) Developer notifies the City in writing of its withdrawal of <br />the Project applications, or (3) the Project is otherwise abandoned, City will provide <br />Developer with a final accounting of costs and expenses, accompanied by invoices, time <br />records or other reasonable back-up therefor, which accounting the Developer agrees will <br />be conclusive, in the absence of manifest error. Should the total reimbursement amount <br />required for any Services be less than the total amount deposited by Developer with <br />25D-7 <br />