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Lewis Acquisition Company Reimbursement Agreement 20230602
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Lewis Acquisition Company Reimbursement Agreement 20230602
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8/3/2023 9:05:44 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
6/2/2023
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review of Lewis Group’s proposed project, and any proposed Development Agreement <br />amendment and Mixed-Use Proposal. Reimbursement Costs include but are not limited to, <br />special notice or special meeting costs, staff time, and consultant’s time, including third-party <br />contract planners, outside consultants, and legal counsel fees. <br /> <br />b. Reimbursement Costs for staff time shall be calculated according to the <br />adopted Master Fee Schedule in effect at the time the work is performed. Legal costs and <br />consultant’s costs shall be the actual invoice amount for such services. <br /> <br />2. Reimbursement Payments. <br /> <br />a. Lewis Group agrees to provide funds (the “Reimbursement Payments”) to <br />City to pay for the Reimbursement Costs of performing the tasks necessary and relating to the <br />City’s review of Lewis Group’s proposed amendments to the Development Agreement and <br />Mixed-Use Proposal. <br /> <br />b. City shall use the Reimbursement Payments from Lewis Group for the <br />payment of Reimbursement Costs only. <br /> <br />c. Lewis Group hereby acknowledges and agrees that the Reimbursement <br />Payments do not include any additional fees and charges required by law, ordinance, or <br />resolution to be paid to City by Lewis Group with respect to any construction or development <br />which may be required by the proposal, such as application fees, inspection fees, impact fees and <br />other processing fees for entitlements or permits that may be required. <br /> <br />3. Initial Deposit / Subsequent Payments. <br /> <br />a. Lewis Group shall, concurrently with its execution of this Reimbursement <br />Agreement, deposit Twenty-five Thousand Dollars ($25,000) with City (the “Reimbursement <br />Account”), which will be used by City for payment of the Reimbursement Costs. <br /> <br />b. City will deduct Reimbursement Costs from the Reimbursement Account, <br />and Lewis Group shall have the right to request all invoices for Reimbursement Payments for <br />review. <br /> <br />c. Lewis Group agrees to provide additional subsequent deposits to the <br />Reimbursement Account upon filing an application for entitlements and upon the written request <br />of City when the balance is less than Ten Thousand Dollars ($10,000). If Lewis Group refuses <br />or fails to submit an additional deposit within fifteen (15) days of City’s written request, City <br />shall have the right to cease all review, evaluation, and response related to the Lewis Group’s <br />proposal to amend the Development Agreement and Mixed-Use Proposal until such time as the <br />funds are received. <br /> <br />d. Any funds remaining in the Reimbursement Account upon final approval <br />of the amendment to the Development Agreement and Mixed-Use Proposal will be returned by <br />City to Lewis Group. <br /> <br />4. Authority and Obligations of City. City agrees: <br />DocuSign Envelope ID: CE5BF197-2C9F-4CFB-A707-452BD5EBC70E
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