R-082-19 Amending the FY2019-20 Budget for Purposes of Funding Planning Entitlement Services for the Barton Road

Browse Search

3. TERMS. 3.1 Incorporation of Recitals. The Parties agree that the Recitals constitute the factual basis upon which the City and the Owner have entered into this Agreement. The City and the Owner each acknowledge the accuracy of the Recitals and agree that the Recitals are incorporated into this Agreement as though fully set forth at length. 3.2 City Selection of Consultants. As a necessary and indispensable part of its fact finding process relating to the review of the Owner's proposed Project and uses of the Property, the City shall retain the services of Consultants to provide advice to the City, as the City may deem necessary in its reasonable and sole discretion. The City has thus far has not retained (either directly or as subconsultants) any consultants, but shall have the right to retain any consultants or sub -consultants pursuant to this Agreement as are necessary for the City to exercise its independent judgment over the Owner's Project. The contemplated general scope of work of the Consultants for the Project is also described in Exhibit "D" attached hereto, but the City reserves the right, in its reasonable and sole discretion, to amend the scope of work as it deems necessary and appropriate to the City's proper review and consideration of the Owner's Project. The Owner agrees that, notwithstanding the Owner's reimbursement obligations under this Agreement, Consultants shall be the contractors exclusively of the City and not of the Owner. Except for those disclosures required by law, including, without limitation, the Public Records Act, all conversations, notes, memoranda, correspondence and other forms of communication by and between the City and its Consultants shall be, to the extent permissible by law, privileged and confidential and not subject to disclosure to the Owner. The Owner agrees that it shall have no claim to, nor shall it assert any right in any reports, correspondence, plans, maps, drawings, news releases or any and all other documents or work product produced by the Consultants. 3.3 Owner to Cooperate with Consultants. The Owner agrees to cooperate in good faith with the Consultants The Owner agrees that it will instruct its agents, employees, consultants, contractors and attorneys to reasonably cooperate with the Consultants and to provide all necessary documents or information reasonably requested of them by the City and/or the Consultants; provided, however, that the foregoing shall not require the disclosure of any documents or information of the Owner which by law is privileged, proprietary, confidential, and exempt from disclosure under the Public Records Act. 3.4 Owner's Reimbursement of Costs and Expenditures. The Owner shall reimburse the City for one hundred percent (100%) of the actual fees, costs and other expenditures incurred by the City relative to the Consultant costs, as well as any other out-of-pocket expenses incurred by the City ("Costs"). The City has preliminarily estimated the aggregate Costs for Project Entitlement services to be approximately forty -thousand dollars ($40,000). ("Estimated Costs"). Within ten (10) calendar days following City Council approval of a budget appropriation for Project Entitlement services, the Owner shall submit a deposit in the amount of forty -thousand dollars ($40,000) to cover the Estimated Costs, which amount the City shall account for in Revenue and Expenditure Accounts. 2 (BB&K: 12-11)