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13. Developer's Pro Formas and Evidence of Financing. During the Term, Developer shall <br /> use reasonable efforts to obtain preliminary financing commitments from prospective lenders <br /> and financing partners for the Project. Prior to execution of any agreement for the development <br /> of the Site (and each phase of the Project), Developer shall provide City with a pro forma for the <br /> Project (or applicable phase of the Project) that confirms the financial feasibility of the proposed <br /> development, and shall provide evidence satisfactory to City that Developer is pursuing <br /> commitments for all financing necessary for the successful completion of the Project (or <br /> applicable phase of the Project). City shall not be obligated to seek City Council approval unless <br /> and until the documents required by this Section have been provided. <br /> 14. Fiscal Neutrality. Developer shall cooperate with the City to ensure that development of <br /> the Project will be fiscally neutral with respect to the City's General Fund. Any City funding <br /> mechanism shall (a) result in no negative impact to the City's General Fund, taking into <br /> consideration the reasonably anticipated General Fund revenues that the Project may generate, <br /> and (b) avoid negative effects to the existing or future operations of the City. Any model <br /> analyzing proposed Project funding or financial assistance shall provide for preservation of <br /> current and future General Fund fiscal neutrality, and shall include funding for normal and <br /> customary municipal services required in connection with the Project including without <br /> limitation, police and fire services. Nothing in this Agreement is intended to or shall be <br /> interpreted as providing a commitment on the part of City to provide any form of funding or <br /> financial assistance for the development of the Site or the operation of the Project. <br /> 15. Relationship of the Parties. The Parties agree that nothing in this Agreement shall be <br /> deemed or interpreted to create between them the relationship of lessor and lessee, of buyer and <br /> seller, or of partners or joint venturers. <br /> 16. Developer's Consultants and Professionals. If the Parties reach agreement regarding <br /> lease of the Site and development of the Project, Developer's architect will be Withee Malcolm <br /> Architects, or another architect with comparable skill and experience in commercial, residential, <br /> waterfront and public space design, including experience designing L.E.E.D certified buildings. <br /> City's approval of a change in architecture firms will be required, with such approval not to be <br /> unreasonably withheld or delayed. <br /> 17. Disclosure. <br /> A. Developer warrants that none of its principals, officers, partners, joint venturers, <br /> employees, associates, or affiliates who have any economic interest in this Agreement or the <br /> contemplated development of the Site or the Project, have a familial, financial, or other material <br /> relationship with any elected or appointed official or employee of the City. <br /> B. City warrants that none of its elected or appointed officials have any economic <br /> interest in this Agreement, the contemplated development of the Site or the Project, nor do they <br /> have any familial, financial, or other material relationship with Developer or any of Developer's <br /> principals, officers, partners, joint venturers, employees, associates, or affiliates. <br /> 1741070.3 8 <br />