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Agmt 2007 John Benjamin Company
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Agmt 2007 John Benjamin Company
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Last modified
3/23/2007 4:21:23 PM
Creation date
3/23/2007 4:21:23 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
3/19/2007
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PERM
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RDA Reso 2007-003
(Approved by)
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\City Clerk\City Council\Resolutions\2007
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<br />scope or description of work to be performed pursuant to the Consultant Contract. Agency hereby reserves <br />the right to review and approve, which approval shall not be unreasonably withheld, said scope or <br />description of work, or to have said work reviewed and approved by the San Leandro Environmental <br />Services Division, or any other applicable department of the City of San Leandro. <br /> <br />3. Aaencv Reimbursement of Consultant Costs. Agency shall reimburse Developer, in an <br />amount not to exceed Forty Thousand Dollars ($40,000), for Environmental Studies performed pursuant to <br />the Consultant Contract within twelve (12) months of the Effective Date. The Agency shall only reimburse <br />Developer for Environmental Studies conducted on the Property. The Agency shall have no obligation to <br />reimburse Developer for work performed after the termination of this Agreement. <br /> <br />4. Reimbursement Requisition: Disbursement of Funds. Agency shall reimburse <br />Developer for Environmental Studies upon written request for disbursement of funds substantially in the <br />form attached hereto as Exhibit A, specifying the amount and use of requested funds, accompanied by (a) <br />copies of bills and invoices from Consultant or other third parties, (b) a statement indicating services <br />supplied and the persons providing such services, and (c) such other documentation as Agency may <br />reasonably require. Developer shall submit requests for disbursement of funds to Agency not more than <br />three (3) times during the term of this Agreement. <br /> <br />Agency shall pay each request for disbursement not later than sixty (60) days after approval of said <br />request. <br /> <br />5. Term. Unless extended by mutual agreement of the Parties, Agency's obligation to <br />reimburse Developer for Environmental Studies conducted on the Property and Developer's entitlement to <br />request and receive reimbursement under this Agreement shall terminate twelve months from the Effective <br />Date, or after Agency has reimbursed Developer in the amount of Forty Thousand Dollars ($40,000). <br /> <br />6. Insurance. Developer shall require its contractor to carry and maintain during the life of <br />this Agreement, such public liability, property damage and contractual liability, auto, Workers' <br />Compensation and Builders' Risk Insurance in the form and amounts deemed necessary by the Agency. <br /> <br />7. Compliance with Applicable Laws. Developer and any Consultant hired by Developer <br />shall comply with all laws applicable to the performance of the Environmental Studies. <br /> <br />8. Licenses and Permits. Developer represents and warrants to Agency that Developer and <br />its employees, agents, and Consultant have, or shall promptly obtain, all licenses, permits, qualifications, <br />and approvals of whatsoever nature that are legally required to practice their respective professions. <br />Developer further represents and warrants to Agency that Developer and Consultant shall, at their sole cost <br />and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and <br />approvals that are legally required to practice their respective professions. In addition to the foregoing, <br />Developer shall require Consultant to obtain and maintain during the term of this Agreement valid business <br />licenses from the City. <br /> <br />9. <br />Parties. <br /> <br />Amendments. The Parties may amend this Agreement only by a writing signed by all the <br /> <br />10. Status of Records. All reports, data, maps, models, charts, studies, surveys, <br />photographs, memoranda, plans, specifications, records, files or any other documents or materials, in <br /> <br />2 <br /> <br />Reimbursement Agreement <br />
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