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and approval In addition, Property Owner shall pay to City an amount equal to twenty five <br />percent (25%) of the total costs of the Consultant's services for Property Owner's Project, <br />exclusive of environmental review as set forth in subsection B, below, for City's <br />employees' administration and review of the Consultant's services related to Property <br />Owner's Project The Entitlements Deposit will be applied towards the total cost of the <br />Consultant's services Property Owner shall thereafter make payments to City for the <br />balance of City's costs for the Consultant's services within ten (10) days of the date City <br />submits written invoices to Property Owner If the Entitlements Deposit is exceeded, <br />additional funds will be requested by City, if the deposit is not entirely spent, any remaining <br />funds will be returned to Property Owner Property Owner's Entitlement Deposits shall not <br />be applied to, nor shall Property Owner be required to pay, any City Development Services <br />Department permit processing fees associated with Property Owner's Projects submitted <br />to City for processing pursuant to this Agreement <br />B Within ten (10) days of the date of written request of City and subject to <br />Property Owner's prior written approval of any estimate, Property Owner shall deposit the <br />sum requested in writing (the "Environmental Deposit") with City to engage the Consultant <br />to commence work on the Environmental Documents for Property Owner's Projects The <br />cost of the Environmental Documents will be estimated after Property Owner files <br />completed applications for the Project and provided to Property Owner for its review and <br />approval The Environmental Deposit will be applied towards the total cost of the <br />Environmental Documents In accordance with City's fee resolution, City will assess an <br />additional ten percent (10%) of the total cost of the Consultant's environmental services to <br />compensate City foi its admmistration and review of the Consultant's environmental work <br />product related to the processing of Property Owner's Project Property Owner shall <br />thereafter make payments to City for the balance of City's costs for preparation of the <br />Environmental Documents within ten (10) days of the date City submits written invoices <br />to the Property Owner When the Environmental Deposit is reduced to approximately <br />twenty five percent (25%) of the amount initially deposited, additional funds will be <br />requested from Property Owner by City, if the deposit is not entirely spent, any remaining <br />funds will be returned to Property Owner Property Owner's deposits shall not be applied <br />to, nor shall Property Owner be required to pay, any City Development Services <br />Department environmental processing fees associated with Property Owner's Projects <br />submitted to City pursuant to this Agreement <br />Section 2 Com ensation of Consultant The Consultant services for Property <br />Owner's Projects shall be compensated in accordance with the agreement that is attached <br />hereto as Exhibit "A" and incorporated herein by this reference Reimbursable expenses of <br />the Consultant, if any, shall be billed by City to Property Owner at the Consultant's actual <br />cost <br />Section 3 Term The term of this Agreement shall commence on the Effective date <br />of this Agreement and terminate on January 14, 2020 <br />Section 4 Termination This Agreement may be terminated by either Party, in its <br />sole discretion, by providing not less than five (5) days prior written notice to the other <br />2 <br />L 1caNdjm\Agreements\ESR1 Fundmg Agreement.doc <br />