Common use of General Parameters Clause in Contracts

General Parameters. (a) Upon written request of City, Developer will advance amounts necessary to pay all costs and expenses of City to evaluate and structure any Financing Mechanism, to the end that City will not be obligated to pay any costs related to the formation or implementation of any Financing Mechanism from its own general funds. City staff will meet with the Developer to establish a preliminary budget for such costs, and will confer with Developer from time to time as to any necessary modifications to that budget. (b) Except as otherwise provided in Section 9.3 of the Specific Plan, any Financing Mechanism will provide for the reimbursement to Developer of any advances by Developer described in subparagraph (a) above, and any other costs incurred by Developer that are reasonably related to the Financing Mechanism, such as the costs of legal counsel, special tax consultants, engineers, etc. Developer agrees to promptly submit to City a detailed accounting of all such other costs incurred by Developer at such time as Developer makes application for reimbursement. Developer shall consult with the City prior to engaging any consultant (including bond counsel, underwriters, appraiser, market absorption analysts, financial advisors, special tax consultants, assessment engineers and other consultants deemed necessary to accomplish any financing) and City shall be allowed an opportunity to provide input on each proposed consultant. (c) City shall consult with Developer prior to engaging any consultant (including bond counsel, underwriters, appraisers, market absorption analysts, financial advisors, special tax consultants, assessment engineers and other consultants deemed necessary to accomplish any financing) and Developer shall be allowed an opportunity to provide input on each proposed consultant. City shall consider all of Developer’s comments on the proposed consultants in its hiring decisions.

Appears in 1 contract

Sources: Development Agreement

General Parameters. (a) Upon written request of City, Developer will advance amounts necessary to pay all costs and expenses of City to evaluate and structure any Financing Mechanism, to the end that City will not be obligated to pay any costs related to the formation or implementation of any Financing Mechanism from its own general funds. City staff will meet with the Developer to establish a preliminary budget for such costs, and will confer with Developer from time to time as to any necessary modifications to that budget. (b) Except as otherwise provided in Section 9.3 of the Specific PlanHousing Element of the City of Millbrae General Plan or in the MSASP, any Financing Mechanism will provide for the reimbursement to Developer of any advances by Developer described in subparagraph (a) above, and any other costs incurred by Developer that are reasonably related to the Financing Mechanism, such as the costs of legal counsel, special tax consultants, engineers, etc. Developer agrees to promptly submit to City a detailed accounting of all such other costs incurred by Developer at such time as Developer makes application for reimbursement. Developer shall consult with the City prior to engaging any consultant (including bond counsel, underwriters, appraiser, market absorption analysts, financial advisors, special tax consultants, assessment engineers and other consultants deemed necessary to accomplish any financing) and City shall be allowed an opportunity to provide input on each proposed consultant. (c) City shall consult with Developer prior to engaging any consultant (including bond counsel, underwriters, appraisers, market absorption analysts, financial advisors, special tax consultants, assessment engineers and other consultants deemed necessary to accomplish any financing) and Developer shall be allowed an opportunity to provide input on each proposed consultant. City shall consider all of Developer’s comments on the proposed consultants in its hiring decisions. Developer shall have the right to audit all City and Consultant Contracts and invoices, except for attorney client privilege information that may be redacted. Advances paid by the Developer shall be separately accounted on the City’s ledger. [Note: Developer's request to modify this term is discussed in staff report. The Developer has requested alternative wording for this provision, which appears at the end of this document.]

Appears in 1 contract

Sources: Development Agreement

General Parameters. (a) Upon written request of City, Developer will advance amounts necessary to pay all costs and expenses of City to evaluate and structure any Financing Mechanism, to the end that City will not be obligated to pay any costs related to the formation or implementation of any Financing Mechanism from its own general funds. City staff will meet with the Developer to establish a preliminary budget for such costs, and will confer with Developer from time to time as to any necessary modifications to that budget. (b) Except as otherwise provided in Section 9.3 of the Specific PlanHousing Element of the City of Millbrae General Plan or in the MSASP, any Financing Mechanism will provide for the reimbursement to Developer of any advances by Developer described in subparagraph (a) above, and any other costs incurred by Developer that are reasonably related to the Financing Mechanism, such as the costs of legal counsel, special tax consultants, engineers, etc. Developer agrees to promptly submit to City a detailed accounting of all such other costs incurred by Developer at such time as Developer makes application for reimbursement. Developer shall consult with the City prior to engaging any consultant (including bond counsel, underwriters, appraiser, market absorption analysts, financial advisors, special tax consultants, assessment engineers and other consultants deemed necessary to accomplish any financing) and City shall be allowed an opportunity to provide input on each proposed consultant. (c) City shall consult with Developer prior to engaging any consultant (including bond counsel, underwriters, appraisers, market absorption analysts, financial advisors, special tax consultants, assessment engineers and other consultants deemed necessary to accomplish any financing) and Developer shall be allowed an opportunity to provide input on each proposed consultant. City shall consider all of Developer’s comments on the proposed consultants in its hiring decisions. Developer shall have the right to audit all City and Consultant Contracts and invoices, except for attorney client privilege information that may be redacted. Advances paid by the Developer shall be separately accounted on the City’s ledger. Beginning one year following the Effective Date, if Developer applies for any Future Amendments, for which the Developer has been charged or required to reimburse the City for the cost of any consultant, attorney, or City staff member, the Developer shall not be rebilled for the cost of any subsequent consultant, attorney, or City staff member to review the same work product or information for such Future Amendments.

Appears in 1 contract

Sources: Development Agreement