Laserfiche WebLink
<br />the Developer shall be entitled to reimbursement of its third party costs in accordance <br />with Section 11 and Section 12, below. <br /> <br />10. Environmental Requirements <br /> <br />Certain Federal environmental requirements under the National Environmental <br />Policy Act of 1969 ("NEPAli) 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 />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 /> <br />11. Reimbursements. <br /> <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 /> <br />12. Third Party Costs. <br /> <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 /> <br />13. Liquidated Damages. <br /> <br />DEVELOPER AND AGENCY AGREE THAT SHOULD AGENCY (1) <br />TERMINATE THIS AGREEMENT, (2) FAIL TO APPROVE A MASTER <br />DEVELOPMENT PLAN WITH THE DEVELOPER BY THE EXPIRATION OF THE <br /> <br />4 <br />