10B Action 2012 0402 - Laserfiche WebLink

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18. Expenses Except as otherwise expressly provided herein, all costs and expenses (including, without limitation, all legal fees and expenses) incurred in connection with this Agreement and the activities contemplated hereby shall be paid by the Party incurring the same. Nothing in this Section is intended to or shall be interpreted to affect any City policy regarding payment of City fees for processing permits and approvals by applicants. 18.1 Developer's Payments. Developer shall be responsible for payment of the following costs incurred in connection with the Project: (a) City Planning, Engineering & Transportation staff services Developer shall be responsible for payment of City Planning and Engineering & Transportation staff overtime costs and expenses that may be incurred for contract planner review and processing of application(s) for the Project. Developer will not be responsible for reimbursing the City for City's own legal counsel or for consultants representing the City in negotiations pertaining to any agreements between the Developer and the City. (b) EIR Consultant Developer shall be responsible for payment of the Project EIR consultant's fee. City shall select the EIR consultant. Prior to the City's execution of a consultant services agreement with the selected EIR consultant, Developer shall deposit with City, fifty percent (50 %) of the consultant's fee. Developer shall pay thirty percent (30 %) of the fee upon the consultant's submittal of the administrative draft EIR and the remaining twenty percent (20 %) upon delivery of the final report; provided however, if the Consultant's fee schedule is more advantageous than the foregoing, then the Consultant's payment schedule shall apply to Developer. 18.2 Ground Lease Rent Credit. City will reimburse Developer for the following expenses by providing a credit against rent payable by Developer to City pursuant any ground lease for the Site (or portion thereof): (a) EIR Analysis of Boat Harbor Basin. City will provide a ground lease rent credit for the portion of the EIR consultant costs related to redevelopment of the boat harbor basin in the amount outlined in the EIR consultant's tasks and costs. (b) Design, Engineering and Permits. City will provide a ground lease rent credit for documented costs incurred by Developer specifically relating to design, engineering and permitting for the redevelopment of the boat harbor basin. Developer will provide quarterly reports to the City on expenses incurred during the previous quarter relating to the design, engineering and permitting for the redevelopment of the boat harbor basin. 18.3 Reimbursement of Harbor Basin Costs if Ground Lease is not Executed. If all of the conditions specified in this Section 18.3 have been satisfied but the City and Developer do not execute a ground lease for any portion of the Site, City will reimburse Developer for the portion of the EIR consultant's fees related to redevelopment of the boat harbor basin in the amount outlined in the EIR consultant's tasks and costs, and for the costs identified in paragraph (b) of Section 18.2 City's obligation to make such reimbursement is contingent upon 1741070.3 9