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DRAFT <br />December 19, 2012 <br />and Authority to undertake the disposition and/or development of the Proposed <br />Development Site. <br />7. Master Plan Costs <br />Developer shall be responsible for all costs associated with development of the <br />Master Plan. Developer agrees to expend a minimum amount of Thirty Five Thousand <br />Dollars ($35,000) in "Third Party Costs" for the Master Plan services performed <br />hereunder for the City Parcels, and an additional minimum amount of Sixty Five <br />Thousand ($65,000) in "Third Party Costs" for the Master Plan services performed <br />hereunder for the County Parcels, for a total minimum of One Hundred Thousand <br />Dollars ($100,000.00) in "Third Party Costs" for the Master Plan ("Total Amount") if the <br />County Parcels are incorporated. Third Party Costs shall mean those amounts actually <br />paid or obligations incurred for work actually done by those consultants, contractors and <br />advisors of the Developer. <br />8. Ownership of Materials, Supplies, Drawings, Specifications, Programs <br />or Systems <br />Any and all records, papers, drawings, specifications, programs, systems and <br />other materials prepared by Developer or its agents pursuant to this Agreement shall, <br />without further consideration, be the property of the City or Authority as applicable to the <br />City Parcels or Authority Parcel. Said work product shall be submitted in hard copy and <br />produced in a form compatible with the City's computer system, as agreed between the <br />City's Project Manager and Developer. Developer agrees to provide City and Authority <br />with any such materials whenever requested to do so. <br />9. No Development Commitment Made By the Parties <br />A. By its execution of this Agreement, the City, Authority, and Developer are not <br />committing themselves to or agreeing to undertake: (a) financing or disposition and/or <br />acquisition and development of Proposed Development Site; or (b) any other acts or <br />activities requiring the subsequent independent exercise of discretion by the City and/or <br />Authority or any agency or department of either, and/or Developer, and the City and <br />Authority, and Developer have no reasonable expectation that such commitments will <br />be made in the future. <br />EXHIBIT 1 <br />8OA-11