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Page 14 of 35 <br />agreement on the amount prior to Lessee issuing in invoice for the same. Lessor shall <br />provide a statement of costs to Lessor and include any supporting documentation for <br />such costs and expenses. Lessee shall inform Lessor in advance of such costs and <br />expenses so such costs and expenses can be mitigated by Lessee, except in the <br />case of an emergency in which case Lessor shall inform Lessee as soon as <br />practicable about such costs and expenses. <br />Lessor will advise Lessee in writing if its actual costs in any given year exceed the <br />Estimated Cost. This does not create an obligation for Lessor to perform any specific work <br />or provide any specific services. Lessor assumes no liability for the work contemplated. <br />The parties agree and acknowledge that this does not create an employment or <br />fiduciary relationship. Any work performed by Lessor shall be done within Lessor’s duties <br />and obligations as a public agency. Lessor retains ownership of any work product <br />created and retains full discretion to act in the best interests of the City in managing and <br />monitoring this Lease. <br />a)Scope of Work – Lessor’s staff shall perform work (as applicable) required to <br />manage the Lease which may include, but shall not be limited to, receiving <br />and reviewing surveys, Mitigation Monitoring Program reports, the 10-year Base <br />Rent adjustment, construction drawings, geotechnical reports, and other <br />engineering materials, hazardous spill contingency plans, fire protection and <br />emergency response plans, as-built drawings, plans for removal of <br />improvements and reclamation of Lease Premises; and inspection of the lease <br />premises by Lessor. <br />b)Billing – Lessor’s staff time costs incurred pursuant to this paragraph shall be <br />billed in arrears on a monthly basis. All payments are due 30 days from the <br />date of the invoice. <br />c)Payment Form – Payment by Lessee shall be in a form and manner required by <br />Lessor’s staff and consistent with the requirement of State law. <br />d)Disputes – Any dispute arising under or relating to Lessor’s work which is not <br />resolved by agreement of Lessee and Lessor’s staff shall be addressed by <br />Lessor’s City Manager or designee, who shall provide a written decision in <br />regard to the dispute and shall transmit a copy thereof to Lessee within thirty <br />(30) days of notice of the dispute. The decision of the City Manager or <br />designee shall be final and conclusive, unless within thirty (30) days from the <br />date of receipt of such copy, Lessee transmits to Lessor a written appeal. Said <br />appeal shall be supported with specificity. <br />i.In connection with any appeal proceeding under this clause, Lessee <br />shall have an opportunity to be heard before the City Council <br />within ninety (90) days of the receipt by staff of Lessee’s written <br />DocuSign Envelope ID: 8D8CF2E2-DF6D-4A11-B610-2B1544DD7C30