ATTACHMENT 4
B. In addition to the Consultant time spent on preparing the environmental impact report, City staff will spend considerable time administering the Consultant contract. Under City Council Resolution #98-31, also known as the "Planning and Development Fee Schedule," the management fee for environmental review reports is ten percent ( 10%) of the total environmental impact review cost.
Pursuant to said Schedule, the Development hereby agrees to deposit upon the mutual execution of this Agreement, the additional sum of Four Thousand Five Hundred Six Dollars and Eighty Cents ($4,506.80) to be applied toward the management fee for City staff time administering the preparation of an environmental document by the Consultant.
2. The Developer acknowledges that the above-referenced contract with Consultant is being entered into by City as an accommodation to the Developer to facilitate evaluation of the Developer's Project and does not guarantee any particular result or outcome. The Developer further acknowledges and agrees that it shall have no control over the work product of Consultant, and that its payment of the above sums is not dependent thereon. The Developer also acknowledges and agrees that failure of the Developer to make payments when due shall be grounds for City to suspend work and/or cancel said contract.
3. The Developer reserves the right to provide a performance bond on behalf of Consultant, subject to Consultant's consent, and at the Developer' sole expense.
4. The Developer shall have the right to utilize the reports and work product of Consultant in connection with the proposed Project.
5. No application for any project from the Developer shall be considered for approval until the above-referenced contract with Consultant is completed.
Nothing herein is intended to suggest any result upon the hearing of any such application thereon. The City retains its authority to grant, deny, or condition any and all projects and applications.
6. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Merced.
7. In the event that either City or the Developer shall at any time or times waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same 2 X:\Agreements\Planning\2025\Deposit and Reimbursement Agreement-Hostetler & Baxter.docx