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<br /> the Developer shall be entitled to reimbursement of its third party costs in accordance <br /> <br /> with Section 11 and Section 12, below. <br /> 10. Environmental Requirements <br /> Certain Federal environmental requirements under the National Environmental <br /> Policy Act of 1969 ("NEPA") and State and local environmental requirements under the <br /> California Environmental Quality Act ("CEQA") may be applicable to the proposed <br /> development. The Developer agrees to supply information and otherwise assist the <br /> <br /> Agency, as requested, to determine the environmental impact of the proposed <br /> development, and to allow the Agency to prepare, at the Agency's sole cost and <br /> expense, such environmental documents, if any, as may be needed to be completed for <br /> the project pursuant to NEPA and/or CEQA. It is further agreed that, prior to entering <br /> into any final agreement(s) with the Developer, the Agency and/or City must approve <br /> any and all NEPA and/or CEQA documents that may be applicable to the development <br /> and that nothing in this Agreement in any way constitutes nor shall it be interpreted to <br /> be a contractual obligation committing the Agency and/or the City to undertake the <br /> development. <br /> 11. Reimbursements. <br /> The City and Agency acknowledge that in carrying out its obligation to participate <br /> in the strategic planning process for the District, the Developer shall expend resources <br /> of its staff as well as incur out of pocket expenses of consultants, contractors and <br /> advisors. In the event of termination of this Agreement prior to execution of agreements <br /> for disposition and development of any properties within the District, Agency and City <br /> agree to reimburse Developer those third party costs determined in accordance with <br /> Section 12, below. <br /> 12. Third Party Costs. <br /> Third Party Costs shall mean those amount actually paid or obligations incurred <br /> for work actually done by those consultants, contractors and advisors of the Developer <br /> listed in Exhibit B attached hereto and made a part hereof by this reference. The total <br /> maximum Third Party Costs that may be owed by Agency and paid to Developer <br /> pursuant to this Agreement shall not exceed $100,000.00. <br /> 13. Liquidated Damages. <br /> DEVELOPER AND AGENCY AGREE THAT SHOULD AGENCY (1) <br /> <br /> TERMINATE THIS AGREEMENT, (2) FAIL TO APPROVE A MASTER <br /> DEVELOPMENT PLAN WITH THE DEVELOPER BY THE EXPIRATION OF THE <br /> 4 <br /> 80A-10 <br /> <br />