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Last modified
1/29/2024 11:37:37 AM
Creation date
1/29/2024 11:29:13 AM
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Contracts
Company Name
SOUTH COAST PLAZA
Contract #
N-2024-043
Agency
Planning & Building
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interpret this Agreement shall be entitled to seek and collect its costs and reasonable <br />attorney's fees from the other party. <br />5. Other Costs. Developer acknowledges that the cost of the Services does not <br />include all application, permitting, inspection, or other fees which may be charged by City <br />in connection with the Project. To the extent the fees ordinarily charged by City for projects <br />similar to the Project relate to costs that are not reimbursed under this Agreement, such <br />fees shall be separately paid in accordance with the relevant City fee schedule. <br />6. No Guarantee of Approval. Developer acknowledges that its payments and <br />deposits described herein do not mean that the City will approve the Project nor that City <br />staff will make a recommendation in favor of the Project. Even if the Project is not <br />approved, Developer shall remain liable for all costs for Services actually provided <br />concerning the Project. <br />7. Independence of Consultants. <br />A. Unless otherwise agreed to in writing by the City, during the Term of this <br />Agreement, Developer will not directly or indirectly enter or propose to enter into any <br />financial or business relationship with any of City's consultants that are working on the <br />Project. <br />B. Developer hereby acknowledges and agrees as follows: <br />i. City has sole discretion to select which of its employees or <br />independent contractors are assigned to work on Developer's application. <br />ii. City has sole discretion to determine which persons' City will hire as <br />consultants to work on Developer's application. <br />iii. As between City and Developer, City has sole discretion to direct the <br />work and evaluate the performance of the consultants whom the City hires to work on <br />Developer's Project and/or application. City retains the right to terminate or replace at <br />any time any consultant who is assigned to work on Developer's Project and/or <br />application. <br />iv. Except as provided in this Agreement, City has sole discretion to <br />determine the amount of compensation paid to consultants hired by City to work on <br />Developer's Project and/or application. <br />V. City, not Developer, shall pay consultants hired or assigned by City <br />to work on Developer's Project and/or application from a City account under the exclusive <br />control of City, which is to be funded by Developer as set forth in this Agreement. <br />vi. Except for those disclosures required by law, including, without <br />limitation, the Public Records Act, all conversations, notes, memoranda, <br />
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